AAL.ARMY User Agreement

Version March 5, 2019

The following User Agreement ("Agreement") governs the use of AAL.ARMY ("AAL.ARMY", "we", or "us"), a platform of the Army Applications Laboratory ("AAL"), which is an initiative of the United States Department of Army (the "Army") from the Army Futures Command ("AFC"), is designed to support transmittals of information by our users ("Users") for disruptive innovation activities for the Army (the "Services").

Please read the rules contained in this Agreement, which can be accessed at any time, carefully.

Your use of any aspect of AAL.ARMY will constitute your consent to comply with this Agreement. If you cannot agree with these rules, please do not use AAL.ARMY.

Please note that certain parts of AAL.ARMY may have separate terms of use and privacy policies ("Special Rules"), which will govern your use of those parts of AAL.ARMY. In the event that there is a conflict between the Special Rules and this Agreement or the AAL.ARMY Privacy Policy, the Special Rules shall govern.

The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page. Continued access of AAL.ARMY by you will constitute your acceptance of any changes or revisions to the Agreement.

Your failure to follow these rules, whether listed below or in bulletins posted at various points in the AAL.ARMY website, may result in suspension or termination of your access to the AAL.ARMY website, without notice.

IT IS IMPERATIVE THAT YOU ARE AWARE OF POTENTIAL SECURITY VIOLATIONS WHEN YOU ARE USING AAL.ARMY. IT IS NEVER ACCEPTABLE TO TRANSMIT CLASSIFIED INFORMATION, FOR OFFICIAL USE ONLY (FOUO) INFORMATION, SENSITIVE PERSONALLY IDENTIFIABLE INFORMATION, PROPRIETARY INFORMATION, PROCUREMENT SENSITIVE INFORMATION, TRADE SECRETS, LAW ENFORCEMENT SENSITIVE INFORMATION, AND OTHER PROTECTED INFORMATION ON AAL.ARMY. IT IS YOUR RESPONSIBILITY TO BE AWARE OF THE CLASSIFICATION AND RELEASABILITY OF ANY INFORMATION THAT YOU TRANSMIT. IF YOU ARE A UNITED STATES GOVERNMENT OR UNITED STATES DEPARTMENT OF DEFENSE EMPLOYEE AND HAVE QUESTIONS ABOUT ANY INFORMATION THAT YOU WISH TO TRANSMIT ON AAL.ARMY, PLEASE CONSULT YOUR SUPERVISOR OR AGENCY LEGAL COUNSEL. IF YOU ARE NOT A UNITED STATES GOVERNMENT EMPLOYEE AND HAVE QUESTIONS ABOUT ANY INFORMATION THAT YOU WISH TO TRANSMIT ON AAL.ARMY, PLEASE CONSULT YOUR OWN LEGAL COUNSEL.

***Note: If you utilize AAL.ARMY, you are entering into a legally binding agreement by accepting this User Agreement and our Privacy Policy.***

Introduction

AAL.ARMY ("AAL.ARMY", "we", or "us") is a platform of the Army Applications Laboratory ("AAL"), which is an initiative of the United States Department of Army (the "Army") from the Army Futures Command ("AFC"). AAL.ARMY is designed to support transmittals of information by our users ("Users") for disruptive innovation activities for the Army (the "Services").

Participation

Eligibility — You promise that you are eligible to enter into this Agreement and you are at least our "Minimum Age." To use the Services, you agree that: (1) you must be the "Minimum Age" (defined below) or older and (2) you are not already restricted from using the Services. "Minimum Age" means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for AAL.ARMY to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.

User — As a User, you promise that you will follow the law and the terms of this Agreement. You are responsible for anything that happens through your use of the Services unless you close it or report misuse.

Notices and Service Messages — You consent to us using our AAL.ARMY and email to provide you with important notices. Also, you agree certain additional information can be shared with us. If the contact information you provide isn't up to date, you may miss out on these notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Services, (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

Utilization

Restricted Information — All US Government, including the United States Department of Defense ("USDOD"), employee Users are bound by all applicable law, policies, directives, and guidances governing conduct on social media and other websites and related to the content that such Users transmit. Information presented on the AAL.ARMY website is considered public information and may be distributed or copied unless otherwise specified. Information should not be posted that is non-public information, including but not limited to: Classified Information, For Official Use Only Information, Sensitive Personally Identifiable Information, Proprietary Information, Procurement Sensitive Information, Trade Secrets, Law Enforcement Sensitive Information; and, other protected information.

Appropriate Utilization — Appropriate utilization of AAL.ARMY, by you, will mean that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. In addition, you will provide accurate information to us and keep it updated and use the Services in a professional manner.

Inappropriate Utilization —
Inappropriate utilization, which provides immediate grounds for termination of your use of AAL.ARMY means that you will not:

  • Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer) or non-public information of the US Government and USDOD (as noted above);
  • Disclose any information that could compromise, in any manner, operational security of USDOD activities. All personnel (including families and friends of service members) have a responsibility to ensure that no information that might put our military members in jeopardy or would be of use to our adversaries is posted to websites, including AAL.ARMY, which are readily accessible to the public. Not surprisingly, that information includes, among other things, technical information, operation plans, troop movement schedules, current and future locations of military units and ships, descriptions of overseas bases, details of weapons system, or discussions of areas frequented by service members overseas. Other information that's not as obvious but should also not be discussed in an open forum includes daily military activities and operations, equipment status, unit morale, and results of operations. Any of these topics, if released in an open medium, have the ability to provide our adversaries opportunities to harm our military members;
  • Act dishonestly or unprofessionally, including by transmitting inappropriate, inaccurate, or objectionable content;
  • Add any content that you do not own or have some other legal right to add;
  • Add content that is not intended for, or inaccurate for, a designated field;
  • Misrepresent your current or previous positions and qualifications;
  • Misrepresent your affiliations with a person or entity, past or present;
  • Misrepresent your identity;
  • Harass, abuse or harm another person;
  • Send spam or other unwelcomed communications to others;
  • Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  • Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
  • Violate the intellectual property or other rights of AAL.ARMY;
  • Post any unsolicited messages or unauthorized advertising, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services;
  • Create profiles or provide content that promotes escort services or prostitution;
  • Creating or operate a pyramid scheme, fraud or other similar practice;
  • Copy or use the information, content or data of others available on the Services (except as expressly authorized);
  • Copy, modify or create derivative works of AAL.ARMY, the Services or any related technology;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
  • Imply or state that you are affiliated with or endorsed by AAL.ARMY or the USDOD without express consent;
  • Rent, lease, loan, trade, sell/re-sell access to the Services or related any information or data;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
  • Remove, cover or obscure any advertisement included on the Services;
  • Share or disclose information of others without their express consent;
  • Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" the Services or any related data or information;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Monitor the Services' availability, performance or functionality for any competitive purpose;
  • Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
  • Access the Services except through the interfaces expressly provided by AAL.ARMY;
  • Override any security feature of the Services;
    or
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

No Endorsement — AAL.ARMY and the USDOD does not necessarily
endorse, support, sanction, encourage, verify or agree with the comments,
opinions, or statements posted on AAL.ARMY. Any information or material placed online, including advice and opinions, are the views and responsibility of those making the comments and do not necessarily represent the views of AAL.ARMY, the US Government, the USDOD or any AAL.ARMY third party service providers. By submitting a comment for transmitting, you agree that AAL.ARMY, the US Government, the USDOD and any AAL.ARMY third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

License — By transmitting any information or content, the Member acknowledges that he/she owns the rights to the information or content and grants AAL.ARMY, the US Government and the USDOD, a limited royalty-free, worldwide, transferable and sublicensable right to copy, modify, distribute, correct, translate, and process, information and content, in whole or in part, that you provide through our Services, without any further consent, notice and/or compensation to you or others to the extent necessary to support analysis of your transmitted information or content; however, such license shall not apply to any information or content related to patent applications submitted prior to such transmitting or patents issued prior to such transmitting . If you do not own the rights to information or content posted, you must use an appropriate credit.

Service Availability — We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted. We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

Other Content, Sites and apps — When you see or use others' content and information posted on our Services, it's at your own risk. Third parties may offer their own products and services through AAL.ARMY, and we aren't responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. AAL.ARMY
generally does not review all content provided by our Users. You agree that we are not responsible for third parties' (including other Users') content or
information or for any damages as result of your use of or reliance on it. You are responsible for deciding if you want to access or use third party sites that link from our Services.

Limits — We have the right to limit how you connect and interact on our Services. We are providing you notice about our intellectual property rights. AAL.ARMY reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Users. AAL.ARMY reserves the right to restrict, suspend, or terminate your use of the Services if we that you may be in breach of this Agreement or law or are misusing the Services (including violating this Agreement).

Reservation of Rights — AAL.ARMY reserves all of its intellectual property rights in the Services, including trademarks, service marks, graphics, and logos used in connection with AAL.ARMY that are trademarks or registered trademarks of AAL.ARMY. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.

Disclaimer, No Warranty, and Limitation of Liability

Disclaimer — The reference on AAL.ARMY to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by AAL.ARMY, the US Government or the USDOD. The views and opinions of authors expressed herein do not necessarily state or reflect those of AAL.ARMY, the US Government or the USDOD, and shall not be used for advertising or product endorsement purposes. With respect to documents available from this server, neither AAL.ARMY, the US Government or USDOD, nor any of its US Government or USDOD service members or employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.

No Warranty — This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. TO THE EXTENT ALLOWED UNDER LAW, AAL.ARMY, THE USDOD, AND THE US GOVERNMENT (AND THOSE THIRD PARTIES THAT WORK TO PROVIDE THE SERVICES), (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

Exclusion of Liability — These are the limits of legal liability we may have to you. TO THE EXTENT PERMITTED UNDER LAW, AAL.ARMY, THE USDOD, AND THE US GOVERNMENT (AND THOSE THIRD PARTIES THAT WORK TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AAL.ARMY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF AAL.ARMY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

Termination

AAL.ARMY or you may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Users' rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Any other rights that AAL.ARMY may continue to have under this Agreement.

Dispute Resolution

In the unlikely event we end up in a legal dispute, it will take place in the courts of the District of Columbia, applying laws of the United States of America and the District of Columbia, excluding its conflict of laws rules.

General Terms

If a court with authority over this Agreement finds any part of it not enforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Agreement that does not mean that AAL.ARMY has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that AAL.ARMY may assign this Agreement to its affiliates or a party that buys it without your consent. There are no other third-party beneficiaries to this Agreement.

We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.

You agree that the only way to provide us legal notice is at the addresses provided in this Agreement.

Complaints Regarding Content

We respect the rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. Also, as noted, unprofessional, false, misleading, profane or defamatory comments are not appropriate for this site. We provide a policy and process for complaints concerning content posted by our Users.

How to Contact Us

If you want to send us notices or service of process, please contact us via email at: info@AAL.ARMY or by physical mail at: Army Applications Laboratory, Capital Factory, 8th Floor, 701 Brazos St, Austin, TX 78701 USA.

AAL.ARMY User Agreement — Version March 5, 2019