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Terms Of Service

1)   General Information

This is an agreement between you and Ozark Military Museum.  The agreement governs all web services represented by the “ozarkmilitarymuseum.org” Internet domain services.  Ozark Military Museum is pleased to be of service to you.  This TOS constitutes an agreement between you and Ozark Military Museum. And governs your use of this service.  By using this site or any member site you are subject to these Terms of Service (TOS).  These TOS maybe updated as needed without notice to you.  Additional terms and conditions may apply when you use certain Ozark Military Museum services or other third party software.  The section titles in the TOS are for convenience only and have no legal or contractual effect.

a)   Choice of Law and Forum

The TOS and the relationship between you and Ozark Military Museum shall be governed by the laws of the State of Arkansas without regard to its conflict of law provisions. You and Ozark Military Museum agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Washington, Arkansas.

b)   Waiver and Severability of Terms

The failure of Ozark Military Museum to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Ozark Military Museum account is non-transferable and any rights to your Ozark Military Museum web I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

c)   Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

2)   Services

Ozark Military Museum provides users with access to variety of resources.  Communication tools, forums, and web content and more are available through services.  Ozark Military Museum may contact you through any of these provided services at any time.  These communications may include notifications of new services, changes to old services, and changes to website policy.  These communications are part of these services and you cannot opt out of them.  These services are provided “AS-IS” and Ozark Military Museum assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.  You are responsible for any fees required gaining access to these services including Internet service, airtime, display and delivery of content and advertisements.

3)   Registration

All persons registering to receive services from Ozark Military Museum must be of a legal contract bearing age and not barred from receiving services under the laws of the United States or other relevant jurisdiction.  By registering you agree to provide and maintain complete, true, accurate, and current information.  Ozark Military Museum has the right to terminate you account and refuse future use of all services if inaccurate information is given or reasonably suspected of being untrue.  Only a legal guardian of a child under age 13 may create an Ozark Military Museum account for that child.

4)   Privacy Policy

Only certain information about you such as registration data is subject to our Privacy policy.  Through the use of this service you consent to the collection and use of this data.  The information collected by this site is limited to use by this site only.  This information is used only onsite and may be stored offsite for backup and recovery purposes.

5)   Security Policy

This organization uses SSL and other relevant technology to secure data in transmission.  Use of these technologies is a choice when available.  You are responsible for making sure the service is secure before providing confidential information.  When using these technologies, security is not faultless.  By using these services you agree that Ozark Military Museum is not responsible for content acquired by other parties.  You are responsible for maintaining the confidentiality of your password and account.  You are responsible for all activities that occur with your password and account.  You agree to notify Ozark Military Museum of any unauthorized use of your password or account or any other breach of security.  You agree to log out of you account at the end of your session.

6)   User Conduct

You are responsible for all content including:  photographs, text, data, music, sound, software, video, messages, or any other material transmitted.  Publicly posted or privately transmitted content is the sole responsibility of the person who originated the content.  Ozark Military Museum does not constantly check for accuracy, integrity or quality of posted content.  You understand that by using these services, you may be exposed to Content that is offensive, indecent or objectionable.  Ozark Military Museum is not liable for any content with errors or omissions or for the loss or damage of any kind caused as a result of the result of posted content made available through these services.

You agree that Ozark Military Museum may or may not view content and reserves the right to delete, refuse or move any content that is made available through these services.  You are responsible for all consequences associated with the removal of content that violates this TOS.  You acknowledge that you may not rely on the accuracy, completeness, or usefulness of such content.

You acknowledge, consent and agree that Ozark Military Museum may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  • comply with legal process;
  • enforce the TOS;
  • respond to claims that any content violates the rights of third-parties;
  • respond to your requests for customer service; or
  • protect the rights, property, or personal safety of Ozark Military Museum, its users and the public.

By using these services you agree not to:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • "stalk" or otherwise harass another;
  • impersonate any person or entity, including, but not limited to, a Ozark Military Museum official, moderator, host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through these services;
  • upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt these services or servers or networks connected to these services, or disobey any requirements, procedures, policies or regulations of networks connected to these services;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

7)   International use

You agree to comply with all local rules regarding online conduct as well as all applicable laws concerning the transmission of technical data from the United States or the country in which you communicating.

8)   Content

Ozark Military Museum does not claim the content you post to these services.  However, by posting content to the services you do grant Ozark Military Museum with world-wide, royalty free and non-exclusive license.  By submitting this content to publicly accessible areas you license Ozark Military Museum to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content for the sole purpose of promotion of the section to which the content was submitted.  This license expires after you or Ozark Military Museum remove the content and you request the removal of the advertising.  Further promotions will not include such content after it has been removed.

9)   Indemnity

You agree to indemnify and hold Ozark Military Museum, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through these services, your use of these services, your connection to these services, your violation of the TOS, or your violation of any rights of another.

10)          No Resale of Services

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of these services including Ozark Military Museum accounts, use of these services, or access to these services.

11)          Processing and Storage

Ozark Military Museum has established limits to the services provided.  Web site storage limits restrict the size of all your content submitted to the site. Email message limits include mailbox size, number of messages sent at a time, the number of tries to send a message, the number of days a message will be retained.  You agree that Ozark Military Museum has no responsibility or liability for the deletion or failure to store any message or other content maintained by the services.  Ozark Military Museum reserves the right to log off accounts that are inactive for a period of time.

12)          Modify Services

Ozark Military Museum reserves the right to modify or discontinue a service temporarily or permanently with or without notice.  You agree Ozark Military Museum will not be liable to you or any third party for modification, suspension, or discontinuance of any service.

13)          Termination of accounts

You understand that Ozark Military Museum may immediately terminate your Ozark Military Museum account or access to any service under certain circumstances without prior notice.

Reasons for such termination include, but not limited to:

  • breaches or violations of the TOS or other related agreement;
  • requests by law enforcement or other government agencies;
  • a request by you;
  • modification or discontinuance of the service;
  • unexpected technical or security issues or problems;
  • extended period of inactivity; and/or
  • you have engaged in fraudulent or illegal activities

Termination will be an account lockout, deletion of your user information, and/or refusal of further service.  Terminations are made at the sole discretion of Ozark Military Museum. Ozark Military Museum will not be liable to you or any third-party for termination of your account or access to these services.

14)          Advertisements

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through these services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Ozark Military Museum shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers.

15)          Links

These services or other parties may provide links to other resources available on the Internet.  Ozark Military Museum has no control over the content of these other resources.  You agree that Ozark Military Museum is not responsible for damages or loss caused by connecting or using such links, goods ore services available through such resources.

16)          Proprietary Rights

You agree that this service and any necessary software needed for this service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.  You agree not to modify, reverse engineer, rent, lease, loan, sell, distribute, or create derivative works based on these services or software, in whole or part.

17)          Warranties

Use of this service is at your own risk.  These services are provided “AS-IS” Basis.  OZARK MILITARY MUSEUM Claims NO WARRANTIES OF ANY KIND whether Expressed or implied.  Ozark Military Museum makes no Warranty that these services will meet your requirements or expectations.  Ozark Military Museum makes no warranty that theses services will be uninterrupted nor accurate or reliable.  Any software downloaded from these services is used at your own risk.  No advice or Information obtained from Ozark Military Museum shall create any warranty.

18)          Limitation of Liability

You acknowledge and agree that Ozark Military Museum will not be liable to you for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES resulting from:

  • the inability to use these services;
  • the cost of goods and services purchased through messages received or transactions entered into through these services;
  • unauthorized access or alteration of your tansmission or data;
  • statements or conduct of a third-party; or
  • any other matter relating to this service.

19)          Exclusions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  Therefore, such applicable limitations LISTED IN THE ABOVE STATED LIMITATIONs MIGHT not apply to you.

20)          Notification

You agree Ozark Military Museum may provide you with notifications regarding changes to this TOS by email, postal mail or postings through these services.

21)          Copyrights and Trademarks

Ozarkmilitarymuseum.org trademarks, services, products are the property of Ozark Military Museum.  You agree not to use or display these marks or services in any manner without prior permission of Ozark Military Museum.