Tragedy Assistance Program for Survivors, Inc. ["TAPS"]
SITE ACCESS AND USE TERMS
Thank you for visiting the Tragedy Assistance Program for Survivors, Inc. ("TAPS") Web Site (the "Site"). In light of the complexities governing the use and operation of web sites, we have set forth below a Series of Access and use Terms ("SATS"). Compliance with and acceptance of the SATS are required in order for you to have access to and use of the Site. We have also included below TAPS's agent for receipt of notice regarding copyright claims and other communication regarding the Site. If you do not agree with or do not accept any of the SATS, you must immediately exit the Site and refrain from further access.
1. LIMITED LICENSE
2. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents, and Site Code are the property of TAPS or its licensors. Site Content includes, but is not limited to, text, images, graphics, audiovisual content and audio content. Site Code means any and all underlying elements of the Site, including, but not limited to source code, object code, and other sets of statements or instructions that relate to the operation or functions of the Site.
3. SUBMISSIONS AND USER GRANT OF LICENSE
TAPS is pleased to hear from its customers and Site users. We welcome your comments. However, due to legal requirements, we cannot provide compensation for, agree to consider, or agree to keep confidential, any submission of creative ideas, disclosures of inventions, other disclosures of potentially useful information, or submission of any other content. In order to avoid confusion and chaos, in the Site and in the Company, all content submitted by you via the Site are provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to TAPS to consider, use, re-publish, modify, disclose or otherwise exploit, at its sole discretion. If any applicable law, judicial decision or regulatory requirement restricts or limits the provisions of this paragraph, TAPS's liability shall not exceed the amount set forth in THE LIMITATION OF LIABILITY paragraph of these SATS.
4. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
As a convenience to visitors of the Site, TAPS may provide from time to time, at its sole discretion, one or more chat areas, message boards, e-mail functions, polls, surveys, and other features for use by visitors to the Site. Such features are referred to herein as "Visitor Features."
TAPS may, in its sole discretion, discontinue provision of any Visitor Features to any or all Site visitors and may, in its sole discretion, remove any content provided by a Site visitor. Certain Visitor Features may be provided free of charge, but others may be subject to charges. Please consult these Series of Access and use Terms (SATS) and any instructions associated with a Visitor Feature to determine the charges, if any, for use of or access to particular Visitor Features.
Users of Visitor Features are bound by and must comply with the SATS, and must agree not to do the following:
- Harass or threaten any other person or entity
- Transmit any content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, or otherwise objectionable
- Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity
- Transmit any advertising, promotional materials or comments upon the services or products provided by parties other than TAPS
- Act in a discourteous manner to other users of Visitor Features
- Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations having the force of law while you are using or accessing any Visitor Features; or
Infringe the copyright rights, trademark rights, or other personal or proprietary rights of any person or entity.
TAPS hopes that all of those who use and have access to the Site will follow the SATS and otherwise conduct themselves properly. However, TAPS cannot be responsible for monitoring, verifying or substantiating content or code provided by third-party users of the Site. Therefore, you agree that TAPS shall not be liable for any breach of the SATS by third parties or for other injurious behavior engaged in by third parties who use or gain access to the Site.
5. MOBILE TEXT SUBSCRIBERS
Summary Terms & Conditions: Our mobile text messages are intended for subscribers over the age of 18 and are delivered via USA short code 95577.You may receive up to 4 message(s) per month for text alerts. Message and data rates may apply. This service is available to persons with text-capable phones subscribing to carriers including AT&T, Verizon Wireless, T-Mobile(r), Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular(r), and Boost. For help, text HELP to 95577, email email@example.com, or call +1 8009598277. You may stop your mobile subscription at any time by text messaging STOP to short code 95577.
6. LINKED SITES
TAPS is not necessarily affiliated with sites that may be linked to or from the Site. TAPS cannot monitor or otherwise evaluate such sites, and TAPS is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK.
7. WARRANTY DISCLAIMERS, DAMAGE LIMITATION, INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDED BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED "AS IS," AND TAPS, ITS LICENSORS AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE, (2) MERCHANTABILITY (3) COMPLETENESS, (4) ACCURACY; (5) NON-INFRINGEMENT, AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS MATTER, SUCH AS VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER TAPS, NOR ITS LICENSORS OR SUPPLIERS, WARRANT THAT DEFECTS IN THE CONTENTS OR OPERATIONS OF THE SITE OR LINKED SITES WILL BE CORRECTED OR THAT ACCESS WILL NOT BE INTERRUPTED OR DISCONTINUED.
WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED ARE NOT DISCLAIMED.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT OR TORT PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, NEITHER TAPS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
While precautions are taken against breaches in our security, no web site, communication system, or internet transmission is completely secure. Therefore, TAPS cannot guarantee that unauthorized access, hacking, data loss, virus attack or other breaches will never occur.
You agree to indemnify, defend and hold harmless TAPS, its directors, officers, employees, contractors, licensors and suppliers against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the SATS by you or by others that access the Site through your terminal or to whom you have provided access to Site Contents. TAPS reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with TAPS in asserting any available defenses. You shall be responsible for any damages or fines assessed due to violation of the SATS by you or others that access the Site through your terminal or to whom you have provided access to Site Contents.
8. PRODUCTS AND SERVICES
Products and services offered through this Site may be subject to license terms and terms of sale that are in addition to, or distinct from, the SATS. Therefore, the provision and acceptance of any such product or service shall be subject to any additional or distinct terms supplied by TAPS or the third-party supplier of the product or service.
9. CHANGES TO SITE OR TERMS OF ACCESS AND USE
TAPS reserves the right, at its sole discretion, to change, modify, add or remove all or any portion of the Site or the SATS. Changes to the SATS shall be immediately effective when posted. You agree to review the SATS periodically to be aware of any changes. Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes
Events may arise that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, TAPS reserves the right, without liability to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content.
10. CHANGES IN SITE OR RIGHTS OWNERSHIP
You consent to any transfer, in whole or part, of TAPS's terms, interests, rights, and obligations hereunder to a subsequent owner of an interest in this Site. You also consent to any transfer, in whole or part, of your agreements hereunder to a subsequent owner, if any, of an interest in the Site.
11. ACCESS FROM OUTSIDE THE UNITED STATES
This Site is controlled by TAPS from its offices within the District of Columbia, United States of America. TAPS makes no representation that the Site, the Site Contents, links, or the Site Code are appropriate for use in countries other than the United States.
12. COMMUNICATIONS REGARDING COPYRIGHT AND OTHER MATTERS
If you believe that any Site Content or Site Code, including but not limited to content provided by third parties via Visitor Features, infringes a copyright or other proprietary right, please forward the following information to our Copyright Agent at the address specified below:
- Your name, address, telephone number, e-mail address and other pertinent contact information
- A description of the copyrighted work or proprietary right that you believe is infringed
- The URL or a description of where the allegedly infringing content is located
- A statement by you, with respect to the copyright or other proprietary right, that you have a good faith belief that the disputed use is not authorized by either the owner of the asserted right, by an agent of the owner, or by the law
- An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right
- A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner.
Our Copyright Agent and recipient for other communications regarding the Site is:
Tragedy Assistance Program for Survivors
3033 Wilson Blvd. Third Floor
Arlington, VA 22201
13. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER
These SATS, and all disputes arising from or related to them, their interpretation, or their subject matters shall be governed by, resolved and remedied in accordance with the laws of the State of Alaska (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within such State and to acts or omissions occurring wholly within the State. Any claims arising from or related to the SATS or their subject matters shall be brought and resolved only in the appropriate State or Federal Courts located in or closest to Anchorage, Alaska, and you expressly consent to the jurisdiction and exclusive venue of said courts. However, TAPS, at its sole discretion, can also institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (1) apply the choice-of-law specified above; and (2) take place in Anchorage, Alaska.
If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these SATS and their subject matters. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Virginia law, jurisdiction and forms for dispute resolution.
You agree and represent that you have carefully considered the SATS and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of TAPS.
If any provision(s) of the SATS are deemed unenforceable in a determination by a body with proper jurisdiction, the Parties agree (without waiving rights of appeal) that the unenforceable provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the SATS and the Parties shall negotiate in good faith with respect to their modification. If the Parties cannot agree to a modification, the SATS shall be enforced, without the unenforceable provision, in a fair manner and without undue prejudice to either Party.
This represents the entire agreement between the Parties relating to the matters contained herein and shall not be modified except in writing supplied by TAPS.
We do not use this web site to collect any personally identifiable information about you other than what you provide voluntarily. We may use such voluntarily provided information to improve our understanding of your interests, to improve our services, or to contact you for future support either by email or postal mail. We may collect demographic information from other sources to help us learn more about member characteristics and needs.
In order to utilize certain features of our site or receive information from TAPS, you may choose to provide personal information. If you do submit information to us, we will use that information for the purposes for which it was submitted. We may also use your information in other ways, such as to contact you about other TAPS activities and/or fundraising campaigns or as otherwise disclosed to you at the point of collection. We may also use your name, postal delivery information and phone number to contact you offline. If you do not wish us to contact you offline or receive such mailings, please contact us.
TAPS uses third-party vendors to provide services on this Website and in offline business operations. The information that you submit on this site may be provided to those vendors on a confidential basis so that those vendors can provide services (such as maintaining our database, sending email messages, facilitating fundraising activities, or processing credit card transactions) on our behalf. TAPS does not sell, share, or exchange any personal information.
If you choose to make an online donation to TAPS, you will have to provide your credit card billing information. This information is collected and transferred over the Internet using Secure Socket Layer (SSL) encryption technology to our secure server. If you are making a donation, either online or offline, the credit card information that you provide at the time of donation is used only to process your donation and will not be used by us for any other purposes.
Use of Email Address:
When you donate to TAPS you will be asked to supply your email address and other personal information. The information gathered from subscribers to TAPS (including email address) is only available to employees managing this information for purposes of contacting you or sending you emails based on your request for information and to contracted service providers and vendors for purposes of providing services relating to our communications with you. We do not sell or rent email addresses.
TAPS will only use your email address to send information about TAPS (such as news and events, special programs and fundraising campaigns). You can unsubscribe from TAPS email at any time by following the instructions outlined below.
All email messages contain a link to unsubscribe from TAPS email. You may subscribe or unsubscribe to TAPS email at any time. To unsubscribe from TAPS email, send a message to firstname.lastname@example.org or send postal mail to:
Tragedy Assistance Program for Survivors (TAPS)
Attention: Database Services/Unsubscribe
3033 Wilson Boulevard, Suite 630
Arlington, VA 22201
TAPS Give a Thousand Thanks Website:
Through submitting a message of support through a TAPS Web site, you grant TAPS, the right to edit your messages, stories, and Submission in any manner, and to use and license others to use the same, or any portions, reproductions, derivations, or versions thereof in any and all media, now known or hereafter invented (including, without limitation, radio, television, home video/DVD, merchandising, online internet and mobile services), in any manner, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end users or other third parties. User also grants TAPS the right to use and license others to use messages, stories and Submission for promotion, publicity and/or marketing of TAPS or in any other manner as determined by TAPS in its sole discretion.
TAPS Message Boards, Listserves & Chat Room Logs:
TAPS operates a number of message boards, listserves and an online chat room for the purpose of facilitating conversations among survivors. Participation in these activities for survivors is confidential, and occurs behind a user-initiated log-in or membership system. Comments or postings made by survivors in these areas will not be re-published in a public forum without the express permission of the survivor. Membership in these group is free and restricted to only survivors of our fallen military.
Data Collection and Storage:
This Website collects information such as the visitor’s domain name, site traffic patterns, and server usage statistics. This information is used to improve the performance and content of our Web pages and to personalize content and layout of our pages for individual visitors. We do not collect your email address unless you choose to communicate with us via email or you volunteer your email address on a form on this site.
Use of "Cookies":
The TAPS Website may use "cookies" and similar means to collect aggregate statistical information. Aggregate information does not identify any individual person. We may use or disclose aggregate information for any purpose. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies are uniquely assigned to you, and are designed to be read only by a Web server in the domain that issued the cookie to you. Cookies are also used to recognize visitor preferences, temporarily store session information and past activity at our site in order to provide better service and easier access when individuals return to our site. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other websites you visit. Any information these third parties collect via cookies and action tags is anonymous.
To remove cookies from your computer, visit your Internet browser's "Help" section for information on how to delete cookies. In addition, there are many Websites that provide browser- and operating system-specific information on how to delete cookies. When thinking about whether you want to delete cookies, you should be aware that some sites require cookies to function properly. After you delete cookies, you may have to re-register with some sites or you may notice difficulty in browsing some sites.
This Website has security measures in place to protect the loss, misuse, and alteration of the information under our control. The security measures used on this site include, but are not limited to, industry-standard Secure Socket Layer (SSL) technology, firewalls, and internal policies to maintain the security of stored data. While we follow generally accepted industry standards to protect the personal information submitted to us, no method of transmission over the Internet, or method of electronic storage, is 100 percent secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
TAPS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE ACCURACY, SUITABILITY, OR SAFETY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR ANY LINKED SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS” AND WITH SPECIFIC DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE USO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES PROVIDED BY THIS WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE ARE FREE FROM VIRUSES OR OTHER FORMS OF HARMFUL COMPUTER CODE. IN NO EVENT SHALL TAPS, ITS EMPLOYEES, AGENTS OR ANY OTHER PERSON WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE.
Tragedy Assistance Program for Survivors
3033 Wilson Boulevard, Third Floor
Arlington, VA 22201
Comments to TAPS-sponsored sites, such as its blog, Website online feedback form or social media sites, including Twitter, Facebook, and YouTube, are welcome and encouraged, and we look forward to hearing from you. To promote respectful discussion within this forum, we request that you be courteous and productive and avoid comments that are profane, obscene, offensive, sexually explicit, inappropriate, inflammatory or otherwise objectionable or inaccurate. Blogs can sometimes bring up strong emotions.
For the privacy of users and their families, please be advised that all published postings to TAPS-sponsored sites will be publicly available on the Internet and therefore publicly accessible without limitation or protection of any kind. Please consider how much personal information to share, with the understanding that this information may be linked to your name and published on the Internet.
By posting a comment or other material to TAPS-sponsored sites as outlined above, users give TAPS the irrevocable right and license to exercise all copyright, publicity, and moral rights with respect to any content you provide, which includes using your submission for any purpose in any form and on any media, including but not limited to: displaying, modifying, reproducing, distributing, creating other works from, and publishing your submission.
TAPS reserves the right to review all comments before they are posted and to edit them to preserve readability for other users.
TAPS further reserves the right to reject or remove comments for any reason, including but not limited to our belief that the comments violate this Comment Policy, to determine in its sole discretion which submissions meet its qualifications for posting, and to remove comments for any reason, including but not limited to our belief that the comments violate these Terms and Conditions. Any submissions that fail to follow these Terms and Conditions in any way or are otherwise irrelevant will not be posted. Due to the sheer volume or appropriateness, TAPS will not respond to every posting.
We also reserve the right to amend these Terms and Conditions from time to time in our judgment to address issues that may arise and changes in our operations or the law.
In posting material on TAPS-sponsored sites, you agree not to:
- Post material that TAPS determines is threatening, harassing, illegal, obscene, defamatory, slanderous, inaccurate, or hostile towards any individual or entity.
- Post phone numbers or email addresses of yourself or any other individual or entity in the body of your comment -- you cannot assume the good intentions of everyone who reads them.
- Post material that infringes on the rights of TAPS or any individual or entity, including privacy, intellectual property or publication rights.
- Post material that promotes or advertises a commercial product or solicits business or membership or financial or other support in any business, group or organization except those which are officially sponsored by TAPS. Before posting this kind of material, you should check with the TAPS development team at email@example.com.
- Post chain letters, post the same comment multiple times, or otherwise distribute “spam” via the TAPS-sponsored blog.
- Allow any other individual or entity to use your identification for posting or viewing comments.
- Post comments under multiple names or using another person's name.
TAPS reserves the right to do any or all of the following:
- Ban future posts from people who repeatedly violate our Terms and Conditions. We may affect such bans by refusing posts from specific email addresses or IP addresses, or through other means as necessary.
- Remove or edit comments at any time, whether or not they violate these Terms and Conditions. User agrees to indemnify and hold harmless TAPS, its affiliates, directors, officers, employees, successors and assigns against any damages, losses, liabilities, judgments, causes of action, costs or expenses (including reasonable attorneys' fees and costs) arising out of any claim by a third party relating to any material user has posted on TAPS-sponsored sites.
By posting a comment or material of any kind on a TAPS-sponsored site, the user hereby agrees to the Terms and Conditions set forth above.
One of the many ways individuals chose to support the Tragedy Assistance Program for Survivors (TAPS) is by buying a product with the TAPS name and/or logo attached. By seeing the TAPS name and logo, customers may be assured that a portion of the proceeds from that product will directly benefit the friends and families of those who gave their lives in military service.
We at TAPS have developed a licensing program for those commercial ventures that seek to fund TAPS’ programming. The goal with the licensing program is to ensure that the TAPS name and image are used in a manner that is consistent with our mission of helping families heal after the loss of a loved one.
TAPS is committed to promoting its reputation through the sale of officially licensed products and encourages any organization that is interested in developing a TAPS-licensed product to contact our licensing team.
What can be licensed?
The TAPS name and logos, as shown below, have been registered with the US Patent and Trademark Office (USPTO) and are legally protected; any use or reproduction of these registered marks without TAPS’ express written permission is prohibited by law.
General Licensing Policy
TAPS seeks to control the use of its identifying marks, and will allow its name and logo to be used by a third party only after TAPS has entered into a valid licensing agreement with that party.
- Only licensed vendors may place TAPS’ name and/or logo on their products, in accordance with the licensing agreement.
- The licensing agreement will determine the exact way in which the TAPS’ name and logo may be used. Licensees are not permitted to use the TAPS name or logo in any other manner.
- Each licensing agreement will determine the appropriate royalty or other consideration to be paid to TAPS for the use of the TAPS name and logo.
- Only a designated licensing officer of TAPS with authority to enter into a licensing agreement with a third party may do so. No other employee or agent of TAPS has the authority to license the TAPS name or logo for any purpose, commercial or otherwise.
- All items bearing the TAPS name and/or logo that are used for commercial purposes, i.e. anything that is not purchased by TAPS for its internal use or used as a give-away/promotional item or sold by TAPS, may only be manufactured after the manufacturer has entered into a valid licensing agreement with TAPS.
- The TAPS licensing officer, or his /her agent, is responsible for implementing and interpreting these policies and for negotiating the terms of the licensing agreement.
- The licensing agreement grants the licensee a limited, non-exclusive right to use the designated TAPS name and/or logo.
- Royalty rates and fees for using the TAPS name and logo will vary by licensee.
- TAPS may require the licensee to submit monthly or quarterly sales reports, or have the licensee submit to regular audits, at TAPS’ own discretion.
- Licensees must furnish TAPS with a sample of picture of the product, its packaging and advertising to be licensed. TAPS’ approval of the use of its name and logo is required before any product may be sold.
- The relationship between TAPS and the licensee is strictly limited. No licensee is, nor may a licensee claim to be an agent or partner of TAPS without TAPS’ express approval.
- Licensee agrees to indemnify, defend and hold harmless TAPS from any claims, causes of action, costs, damage or expenses arising from production or sale of products carrying the TAPS name or logo. At the time of signing the agreement, the licensee must produce a certificate naming TAPS as additionally insured for up to $2 million, or more, as required by law.
- Submission of a licensing application does not guarantee that a license will be granted. TAPS retains the right to approve and reject, at its sole discretion, all applications for a licensing agreement.
® - Registered in the U.S. Patent and Trademark Office