Terms and Conditions of Use
Last Updated: [January 1, 2016]
This website
www.aafmaa.com is owned and operated by Armed Forces Mutual (hereafter referred to
as "Armed Forces Mutual," "we," "us," or "our"). These Terms and Conditions of Use and all
other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract
between each end user ("User" or "you" or “your”) and us with respect to access to and
use of our products and services through our mobile application and website (collectively, the “Site”).
Some of our other sites, applications, products, services and tools may have additional terms that we provide to you when
you use those sites, applications, products, services or tools.
PLEASE READ THESE TERMS OF USE AND ANY LINKED INFORMATION (SUCH AS OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY
REFERENCE) CAREFULLY BEFORE USING THIS SITE.
By using this Site and Services, you acknowledge and represent that you (i) have read these Terms and the Privacy Policy;
(ii) understand them; (iii) accept and assent to be bound by them; (iv) are at least 18 years of age or able to form
legally binding contracts; and (v) agree to comply with all applicable laws and regulations applicable to you, to the
use of the Services, the Site and/or the Internet. If you do not agree to these Terms, please immediately discontinue
using the Site and Services.
1. Armed Forces Mutual Services and Membership.
For so long as you agree to these Terms and abide by them, you may use the Site and Services. These Terms apply to all Users
of the Site and Services, including Visitors and Members. Users include both unregistered visitors of the Site (each
a “Visitor”) and registered members (each a “Member”). Visitors may browse the Site in accordance
with these terms, but will not have full access to the Site or Services unless a Visitor becomes a Member. Not all Visitors
are eligible to become Members. Eligibility for membership shall be determined by Armed Forces Mutual in its sole discretion. The
terms “Member” and “membership” generally refer to current Armed Forces Mutual customers who receive certain
Services and do not convey any legal, eligibility or ownership rights.
"Services" means any and all products, services, applications, and functionalities as may be provided by Armed Forces Mutual
to you via the Site from time to time. Not all of the Services are available in all states or to all Users. You may not
be eligible for all Services. Armed Forces Mutual reserves the right, in its sole discretion, to determine who is eligible for each
Service.
Members may set up an account directly with Armed Forces Mutual. To access the Member-only portion of the Site, you are required to enter
a username or customer number (also referred to as a member number) and password. A customer number is provided to Members
on their Membership Card, which is received by Members after an initial product or services is purchased. You
are required to maintain an email address in order to access the Member Center.
You may not transfer to or share your account with other persons or entities, and you are solely responsible for maintaining
the confidentiality of your account. You are solely responsible for any and all use of your account and all activities
that occur under or in connection with it. You agree (i) to be responsible for any act or omission of any users accessing
the Site or Services under your account that, if undertaken by you, would be deemed a violation of these Terms, and (ii)
that such act or omission shall be deemed a violation of these Terms by you.
Please notify us immediately if you become aware that your account is being used without authorization. You agree not to
register for an account on behalf of an individual other than yourself, or if you register for an account on behalf of
any other person, you agree that you are authorized to do so and can bind such person to these Terms. In registering
for the Site or Services, you agree to provide accurate, true, current, and complete information as requested by the
registration screens.
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2. Privacy.
In the course of accessing and/or using the Site, the Services and/or the Software, we may obtain information about you or
you may be required to provide certain personal information to us. All uses of your personal information will be treated
in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site
and/or the Software, and/or if you register for any programs or accounts, you are accepting the terms and conditions
of our Privacy Policy, as may be amended from time to time. If you do not agree to have your information used in any
of the ways described in the Privacy Policy, you must discontinue use of the Site, the Services and the Software.
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3. Ownership and Restrictions on Use of Materials.
As between you and us, we retain all right, title and interest in and to the Site, the Services, the Software, and all related
intellectual property rights. The Site as a whole is copyrighted as a collective work, and individual works or content
appearing on or accessible through the Site owned by or licensed to Armed Forces Mutual or its content providers are likewise subject
to copyright protection domestically and internationally. No material from the Site may be copied, modified, reproduced,
republished, uploaded, posted, transmitted, offered for sale, sold or distributed in any way, except that you may download
one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all
copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose
is a violation of Armed Forces Mutual's copyright and other proprietary rights. The use of any such material on any other Web
site or networked computer environment is prohibited. You agree not to modify or create any derivative product based
on the Site or the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive
the source code from which any component of the Site or the Services is compiled or interpreted, and nothing in these
Terms should be interpreted as granting you any right to obtain or use source code.
Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Site or in the
Services, including its “look and feel,” constitute trademarks, trade names, service marks, trade dress or
logos ("Marks") of us or other entities. All Marks not owned by Armed Forces Mutual that appear on the Site are the property
of their respective owners. You are not authorized to use any Marks. Ownership of all Marks and the goodwill associated
therewith remains with us or those other entities.
In the event that you download any software from the Site, the software, including any files, images incorporated in or generated
by the software, data accompanying the software, and any other copyrightable content that we may have made available
for download (collectively, the "Software"), subject to any additional licensing terms available to you upon
download, are licensed to you by Armed Forces Mutual on a non-exclusive, non-transferable, non-sublicensable, limited basis. Armed Forces Mutual
does not transfer title to the Software to you. Armed Forces Mutual retains full and complete title to the Software, and all intellectual
property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce
the Software to a human-perceivable form.
You agree not to use the Site or Services to: (i) violate any local, state, national or international law, including, but
not limited to intellectual property laws, regulations promulgated by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange, and any other regulations having the force of law; (ii) impersonate
any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iii) 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; (iv) interfere with or disrupt the Site, the Services or servers or networks
connected to either, or disobey any requirements, procedures, policies or regulations of networks connected to the Site
or the Services; (v) generate unsolicited email advertisements, chain letters, junk mail, spam or allow, enable, or otherwise
support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam); (vi) attempt
to gain unauthorized access to the Site, other accounts, computer systems, or networks connected to the Site through
hacking, password mining or any other means, or obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Site; (vii) upload, post, email, transmit, distribute or otherwise
make available any material that contains viruses, computer code or any other technologies that may harm us or the interests
or property of users or limit the functionality of any software, hardware or other equipment; or (viii) circumvent, disable
or otherwise interfere with security-related features of the Site or Services or features that prevent or restrict use
or copying of any content or enforce limitations on use of the Site or Services therein. Please be aware that it is a
federal crime and a violation of 18 U.S.C. § 1030 (The Computer Fraud and Abuse Act) to intentionally access a computer
without authorization and to knowingly cause damages.
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4. Disclaimer, Limitations and Exclusions of Liability,
Indemnification.
THE MATERIALS IN THIS SITE, THE SITE, THE SOFTWARE AND THE SERVICES ARE PROVIDED"AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Armed Forces Mutual AND
ITS AFFILIATES DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, ACCURACY OF DATA, AND FITNESS FOR A PARTICULAR
PURPOSE. Armed Forces Mutual DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. Armed Forces Mutual DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Armed Forces Mutual) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. Armed Forces Mutual DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED
TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
USE OF THE SERVICES, THE SITE, THE SOFTWARE AND ANY CONTENT AND INFORMATION IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Armed Forces Mutual OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR MATERIALS IN THIS
SITE OR ARISE IN CONNECTION WITH THESE TERMS, EVEN IF Armed Forces Mutual OR AN Armed Forces Mutual AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL Armed Forces Mutual HAVE ANY LIABILITY TO YOU
FOR DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
FOR ACCESSING THIS SITE. YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND Armed Forces Mutual
RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND Armed Forces Mutual WOULD NOT PROVIDE THE SITE, SERVICES
OR CONTENT TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION
OF YOUR ACCESS TO THE SITE OR DELETION OF YOUR ACCOUNT.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Armed Forces Mutual, its affiliates, and their
officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your misuse of the Site,
Services, and/or Software; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party
right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation
will survive these Terms and your use of the Site, Software, and/or the Services.
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5. Feedback; Diagnosis of Problems.
For purposes of this section, “Feedback” means any information you provide us about the Site or Services, as
a comment or evaluation. Your Feedback is welcomed and encouraged. You agree, however, that (i) by submitting ideas to
us, you automatically forfeit your right to any intellectual property rights in those ideas; and (ii) ideas submitted
to us or any of its employees or representatives automatically become the property of Armed Forces Mutual. If we solicit your Feedback
or opinion regarding any areas of our business, the Site or the Services, and if you want to send us your Feedback (and
we hope you do) we simply request that you send it to us by emailing
[[email protected]]. You agree that any Feedback you provide to us shall be deemed to be non-confidential. We shall
be free to use such information on an unrestricted basis. You agree not to take any action that may undermine any Feedback
or ratings systems that we establish as part of the Site or the Services. This includes not displaying, importing, exporting
or using any Feedback information off of the Site, regardless of purpose.
You hereby expressly permit Armed Forces Mutual or its authorized contractors and partners to access your account in order investigate
and diagnose actual or potential defects or other technical problems with the Site.
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6. Termination.
These Terms will become effective and binding when you use the Services, when you voluntarily provide any information about
yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons
labeled “I Agree”). We reserve the right to terminate these Terms, your access to the Site, the Services
and/or account at any time, without notice, and at our sole discretion. Your rights under these Terms will automatically
and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand
that if you want to use our Services after termination of your account, you may need to re-register and provide us with
your information anew. The provisions of Sections 3, 4, 5, 6 and 7 will survive the termination of these Terms for any
reason.
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7. Miscellaneous Matters.
Copyright.
If you believe in good faith that your copyright has been violated by content available on the Site, please contact us by
email at
[email protected].
Modifications to Terms.
We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object
to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site and/or
the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement
to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject
to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms
of use applicable to such features. In the event that any of the additional terms of use governing such area conflict
with these Terms, the additional terms will govern.
Modifications to Services.
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site
or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting
of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified.
We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to
you or any third-party should we exercise our right to modify or discontinue the Site or the Services.
Disputes.
These Terms will be subject to and construed in accordance with the laws of the Commonwealth of Virginia, United States of
America, excluding its rules regarding conflicts-of-law. You agree that any claim or dispute you may have against Armed Forces Mutual
must be resolved exclusively by a state or federal court located in the Commonwealth of Virginia. You agree to submit
to the personal jurisdiction of the courts located in Commonwealth of Virginia for the purpose of litigating all such
claims or disputes.
You agree that any claim or cause of action related to the Site, the Services, the Software, and/or these Terms must
be filed within one (1) year after such claim or cause of action arose or be forever barred.
General Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned
by Armed Forces Mutual without restriction. You agree to comply with all laws, rules and regulations that apply to your use of the
Site and the Services. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such
term or any other term, and Armed Forces Mutual's failure to assert any right or provision under these Terms shall not constitute
a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to
be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision,
and the other provisions of these Terms shall remain in full force and effect.
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