DESCRIPTION OF SERVICE. Unless explicitly stated otherwise, any new features that augment or enhance Mission Wellness (the “Service”) shall be subject to this Agreement. You understand and agree that the Service is provided to you on an "AS-IS" basis and that Mission Wellness assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third-party fees (such as Internet access to use the Service).

YOUR REGISTRATION OBLIGATIONS. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the proprietor(s) and/or manager(s) of Mission Wellness has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the proprietor(s) and/or manager(s) of Mission Wellness has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Children under the age of 13 may not sign up for a Mission Wellness account or use any Mission Wellness services.

MEMBER ACCOUNT, PASSWORD, AND SECURITY. You (the "MEMBER") will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You agree to (a) immediately notify Mission Wellness of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mission Wellness cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

INDEMNITY. You agree to indemnify and hold Mission Wellness, and its subsidiaries, affiliates, officers, agents, attorneys, 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 the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another, or your violation of any law.

MISSION WELLNESS’ PROPRIETARY RIGHTS. Title, ownership rights, and all intellectual property rights in and to the Services shall remain the sole and exclusive property of the Henry M. Jackson Foundation for the Advancement of Military Medicine (HJF) and the Uniformed Services University of the Health Sciences (USUHS). HJF and USUHS retain all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your Mission Wellness I.D., account, account designation, password, and other Mission Wellness information), use of the Service, or access to the Service.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MISSION WELLNESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MISSION WELLNESS SHALL 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 (EVEN IF MISSION WELLNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Mission Wellness’ service providers disclaim all liability with regard to Mission Wellness' customers, whether direct, indirect, incidental, consequential, punitive or otherwise, arising out of or related to the use of the services provided under this Agreement. You hereby release Mission Wellness' service providers from and against all claims, liability, and damages arising out of or related to the Company Customer's use of the services provided under this Agreement. Company Customer will be solely responsible for any third-party claims, damages, and liability arising out of, resulting from or caused by Company Customer's use of the Services provided under this Agreement including, without limitation, any claims, damages, and liability arising out of, resulting from or caused by any Message or Content generated by Company Customer.

EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. Mission Wellness respects the intellectual property of others, and we ask our users to do the same. Mission Wellness may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Mission Wellness:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Notice of claims of copyright or other intellectual property infringement should be addressed to ATTN: MARSH Research Program, Uniformed Services University of the Health Sciences, FAM A-1038, 4301 Jones Bridge Road, Bethesda, MD 20814.

 

GENERAL INFORMATION

Choice of Law and Forum. This Agreement and the relationship between you and Mission Wellness shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Mission Wellness agree to submit to the personal and exclusive jurisdiction of the courts located within Montgomery County, Maryland.

Waiver and Severability of Terms. The failure of Mission Wellness to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect.

Entire Agreement. This Agreement constitutes the entire agreement between you and Mission Wellness and governs your use of the Service, superseding any prior agreements between you and Mission Wellness with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from Mission Wellness.

 

Updated September 7th, 2021