Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Trail Of Honor website located at https://www.trailofhonor.org/, the purchase of Services or Products (the “Services”) by you through this Site, and all associated sites linked to http://www.www.trailofhonor.org/ by Trail Of Honor its subsidiaries and affiliates, including Trail Of Honor sites around the world (collectively, the “Site”).
The Site is the property of Trail Of Honor and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Trail Of Honor reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Trail Of Honor grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, “Content”) contained on the Site is owned, controlled, or licensed by or to Trail Of Honor, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Trail Of Honor’ express prior written consent.
You may use information on Trail Of Honor Services purposely made available by Trail Of Honor for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
Your Use of the Site
You may not use any “page-scrape”, “robot”, “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Trail Of Honor reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of Trail Of Honor’ server, or to any of the Services offered on or through the Site, by hacking, password mining, or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Trail Of Honor’ systems or networks, or any systems or networks connected to the Site or to Trail Of Honor.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Trail Of Honor or others.
Accounts
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password, and that you will take all reasonable precautions to protect its secrecy. You also agree that you will not share your password with any third party.
Changes to Services
Trail Of Honor may make changes to any Services offered on or through the Site, or to the applicable prices for any Services, at any time, without notice. The materials on the Site with respect to Services may be out of date, and Trail Of Honor makes no commitment to update the materials on the Site with respect to such Services.
Privacy
Trail of Honor’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Trail Of Honor’ Privacy Policy go to http://www.www.trailofhonor.org/privacy-policy.
External Links
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Trail Of Honor control, and Trail Of Honor is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimers
TRAIL OF HONOR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TRAIL OF HONOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TRAIL OF HONOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TRAIL OF HONOR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Trail Of Honor reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Trail Of Honor be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Trail Of Honor has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Trail Of Honor is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Trail Of Honor’ liability shall in no event exceed the greater of (1) the total of any fees with respect to any Service of or on the Site paid in the three months prior to the date of the initial claim made against Trail Of Honor, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and defend Trail Of Honor, parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all third-party claims and liabilities arising out of your use of the Site.
Violation of These Terms of Use
You agree that Trail Of Honor may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use, which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Trail Of Honor, for which monetary damages would be inadequate, and you consent to Trail Of Honor obtaining any injunctive or equitable relief that Trail Of Honor deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Trail Of Honor may have at law or in equity.
Governing Law; Venue
All claims arising out of your access to or use of the Site, including all disputes, will be governed by Mississippi law, excluding Mississippi conflict of laws rules, and will be litigated exclusively in the federal or state courts of Hinds County, Mississippi, USA, and you and Trail Of Honor consent to personal jurisdiction in those courts.
Feedback
We welcome all comments, feedback, information, or materials, which you submit to us through or in conjunction with this Site (“Feedback”). Please note that your Feedback shall be considered non-confidential and become our property. By submitting your Feedback to us, you agree to a no-charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. We shall be free to use your Feedback on an unrestricted basis.
The information contained in this web site is subject to change without notice.