MEMBERSHIP AGREEMENT
This Membership Agreement governs your membership in the VetsHQ community, allowing you full access to the membership portions of the website located at www.vetshq.com (the “Site”). This Membership Agreement is in addition to the Terms of Use applicable to the Site. The Site is operated by Avue Technologies Corporation.
Access and use of the membership portions of the Site are provided by Avue to you on condition that you accept the terms and conditions of this Membership Agreement and the Terms of Use, and by accessing or using the membership portions of the Site, you agree to the terms and conditions of this Membership Agreement and the Terms of Use. If you do not agree to accept and abide by this Membership Agreement and the Terms of Use, you should not access or use the membership portions of the Site. In the event of any inconsistency between this Membership Agreement and the Terms of Use, the terms of this Membership Agreement shall govern.
Avue reserves the right, in its discretion, to change or modify all or any part of this Membership Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the membership portions of the Site after such notice constitutes your binding acceptance of the terms and conditions in this Membership Agreement, including any changes or modifications made by Avue as permitted above. If at any time the terms and conditions of this Membership Agreement are no longer acceptable to you, you should immediately cease use of the membership portions of the Site.
Participation In Questionnaires
VetsHQ’s Claims Management Services Center will provide members general information about what benefits they might qualify for — based on information the member, their family member or designated representatives provide — and gives free access to the information needed to prepare and file your claim for benefits with the U.S. Department of Veterans Affairs (VA). Based on answers the member chooses to provide to a short questionnaire, VetsHQ will generate a tailored list of benefits for which the member may qualify. Should members decide to file a claim, VetsHQ will provide links to the necessary forms, which the member can fill out and submit, either electronically or by mail. Members are responsible for preparing and filing your own claims for benefits.
VetsHQ.com and Avue make no representation of the VA’s final determinative outcome of a claim, the outcome of any claim on appeal, or the rate at which any claim may be processed.
Information that VetsHQ.com members provide in these questionnaires are used to identify a list of benefits that may be of interest to that individual member. Members should read all of the information about these benefits carefully and decide whether you wish to apply. Members are provided additional information through links about the type of benefit selected and who qualifies for it. If members believe they qualify for a benefit and decide to apply, a link to the necessary form is provided at the bottom of that screen. Links to forms will open up a blank PDF files for specific benefits, which members can fill out, or their family members or other veteran representatives can fill out on behalf of the veteran. VetsHQ.com members also have the option to auto-fill the form with the information previously provided in their questionnaire. If members wish to use the auto-fill function, it is the member’s responsibility to ensure that all information on the form is accurate. The member is responsible for preparing the claim to the VA and for gathering any necessary supporting documentation. Members may choose to electronically file their claim for free by clicking the “File Now” button, or to print it out and mail to addresses provided for each benefit claim submission. Supporting documents may be required for some types of claims and that members must submit those documents to the VA.
Use of Content
You acknowledge that the Site contains or may contain information, documents, data files, code snippets and other material (collectively, “Content”) which is protected by copyright, trademark or other proprietary rights of Avue Technologies and its affiliates.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Membership Agreement and any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). You may download Content only in accordance with the terms of this Membership Agreement.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain and promptly update the Registration Data, and any other information you provide to Avue, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Avue immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Avue.
Rules of Conduct
You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including in respect of any forums, chat-rooms or other exchanges (a “Forum”) accessed on or through the Site or other Avue websites, you shall not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
- Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
- Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Use any communications or Content or other information obtained through the Site in a manner that is competitive with the Site or Avue’s business.
You acknowledge that Forums are public and not private communications. Further, you acknowledge that no communication of a third party or Content is endorsed by Avue and no communication of a third party or Content may be considered reviewed, screened or approved by Avue. As explained below, Avue reserves the right for any reason to remove without notice any communication, content or other material posted to the Site.
You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Avue member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Managing Content
Avue does not and cannot review all communications or content uploaded to the Site and is not responsible for the content of such communications or Content. Notwithstanding the foregoing, Avue reserves the right to delete, move or edit any communication or content that it may determine, in its sole discretion, violates or may violate this Membership Agreement or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Avue shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Avue to determine Accepted Content is done as a courtesy only.
Confidential Information
You acknowledge that the Confidential Information (defined below) which you obtain through the entering into of this Membership Agreement and the use of the Site constitutes valuable, confidential, proprietary information of Avue, and you agree that during the term of this Membership Agreement and thereafter you shall not, without the express written consent of Avue, use or disclose to any other person any such Confidential Information, except as specifically authorized under this Membership Agreement or as required by applicable law.
For the purposes of this Membership Agreement, “Confidential Information” means any and all data, information, documents, software or materials relating to the business and management of Avue, its members or affiliates, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: their business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, Site content belonging to others and other intellectual property.
Indemnity
You agree to indemnify, defend and hold Avue and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “Avue Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Avue Party in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Membership Agreement. Avue reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Avue’s defense of such claim.
Term and Termination
This Membership Agreement is effective for a period of one year for each member. Upon renewal of a membership, this membership agreement remains effective. Failure to renew after a membership period expires means the membership has been terminated. You may also terminate this Membership Agreement at any time by emailing VetsHQhelpdesk@vetshq.com or by such other means of written notice acceptable to Avue that enables confirmation of your identity and your intention to terminate. Avue reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. Avue may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Termination of this Membership Agreement does not relieve you of your responsibilities to pay any amounts due to Avue under this Membership Agreement or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Membership Agreement or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). Termination of this Membership Agreement shall operate without prejudice to the Avue’s rights, defenses and limitations of liability provided under this Membership Agreement, which rights, defenses and limitations of liability shall survive termination of this Membership Agreement.
Upon termination of your access to the membership portions of the Site, you agree to forfeit all download credits remaining in your account.
Disclaimer of Warranties
THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AVUE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL AVUE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF AVUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, AVUE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF AVUE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Age and Responsibility
You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.
Applicable law
The Site is controlled, operated and administered by Avue Technologies from within the State of Washington, United States of America. The Site can be accessed from all states within the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Washington and the United States, by accessing the Site, you acknowledge and agree that this Membership Agreement will be governed under the laws of the State of Washington and the federal laws of United States applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of Washington, United States, with respect to the subject matter of this Membership Agreement. This Membership Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership portions of the Site, or such other address as you may advise us in writing to use, from time to time.
Any and all disputes arising out of, under or in connection with this Membership Agreement, including without limitation, its validity, interpretation, performance and breach, shall be governed by the laws of the State of Washington without application of the conflict of laws principles there, and any legal proceeding shall be brought exclusively in the state or federal courts within the State of Washington.
You agree to reimburse Avue for its legal fees, costs and disbursements related to any court proceedings if Avue is ultimately successful.
General
You specifically agree and acknowledge that you have, in addition to the terms of this Membership Agreement, reviewed the terms of the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.
Avue’s failure to insist upon or enforce strict performance of any provision of this Membership Agreement shall not be construed as a waiver of any provision or right.
If any provision or part thereof of this Membership Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without Avue’s prior written consent. Avue may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
The parties have requested that this Membership Agreement and all documents relating thereto be drawn up in English.
Contact
If you have concerns relating to the Site or this Membership Agreement, please contact VetsHQ at VetsHQhelpdesk@vetshq.com.
Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBERSHIP AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND AVUE, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND AVUE RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.