Terms of Use

Site Terms

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Acceptance

These Site Terms apply to your use of this Site. By visiting or using this Site, or by agreeing to the Online Agreement, you accept these Site Terms. Continued use of this Site constitutes your acceptance of any revisions to these Site Terms.

Definitions

Site’ means usaa.com, mobile.usaa.com, the USAA Mobile app, USAALabs.com, USAAStories.com, or any other digital channel in which USAA maintains an established presence through a service or application.

Disclosures

Suggestions: Suggestions and offers on this Site are not recommendations, unless expressly identified as such, and may not be appropriate for all users, even where the Site indicates that users like you have purchased the product.

USA PATRIOT Act: IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT — To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: When you open an account, we will ask for your name, address, date of birth and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.

Tax / Legal Advice: This Site is not intended to provide legal or tax advice. Consult a professional legal or tax advisor for advice regarding your specific situation.

Foreign Jurisdictions: USAA products and services are available only in those jurisdictions where USAA is authorized or permitted by local law to promote or sell them.

Company Identification: The products and services offered via USAA Online are provided by USAA.

Availability of Products: USAA products are generally available to military members and their families who meet certain membership eligibility criteria.

Membership: The terms ‘member’ and ‘membership’ generally refer to current USAA customers and their spouses and children who are eligible to join USAA Membership Services. Use of the term ‘member’ and ‘membership’ does not convey any legal, eligibility, or ownership rights. Ownership rights are limited to eligible policyholders of United Services Automobile Association.

Computer Requirements: To use this Site, you must have a personal computer equipped with a modem or other access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with our Site. We reserve the right to change the system requirements for using this Site.

Posting Comments

Our Right to Publish: By posting a comment on this Site or on USAA-sponsored message boards, discussion forums or other interactive content on third party sites, you agree that USAA may publish your comment in whole, or in part. USAA does not agree to post all comments received. USAA reserves the right to remove or modify any posting that is false, offensive, violates any law or the rights of third parties, violates these Site Terms, or is defamatory or duplicative.

Identification of Posters: When you submit a posting to USAA on this or other sites, USAA may identify you by: your hometown, and state or country; and your first name, or last name and initial, or an alias that you have provided to us; your ‘member since’ date; and other information that does not specifically identify you.

Disclosure in Legal Actions: USAA reserves the right to reveal your identity and the content of your original and posted submissions in response to legal action by any party, or in response to a request by governmental authority, or in defense of USAA.

USAA Ownership of Content: USAA retains ownership of all postings submitted on this Site, except when copyrighted material is posted.

Prohibited Uses

Personal Use Only: You will use the Site only for your personal, noncommercial use unless you and USAA have agreed otherwise in writing. Use in connection with policies or accounts with USAA in the name of your business are considered personal use.

Electronic Mail: You may not send electronic mail to us that is illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act.

Access: You may not use this Site in any manner that could damage or overburden any USAA equipment or software. You may not use any means of systematic retrieval of data or other content from this Site. You may not obtain, or attempt to obtain, access to any material or information on this Site that is protected by passwords, PIN or required login identification through any means not expressly authorized by USAA. You may not use the login information of another person, unless they specifically authorized you to do so.

False Information: You may not intentionally provide any false information when you register for this Site, apply for products or services from USAA, post comments on this Site or on USAA-sponsored web pages, or complete your profile.

Framing: You may not frame any Site content.

Links: You agree to obtain our permission before creating a hyperlink or similar link or connection to this Site.

Endorsements: You may not use USAA’s name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by USAA without express written permission.

Third Party Practices

This Site contains links to other Internet sites that are not maintained by USAA. Unless otherwise stated, USAA makes no warranties or representations regarding these websites or the products or services offered on them. USAA does not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of the other sites, as their practices may differ from ours.

Intellectual Property

Unsolicited Submissions: Unless otherwise stated, USAA does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its services and products. Any such postings to this Site and electronic mail delivered to USAA will be considered non-confidential and non-proprietary, and will remain, the exclusive property of USAA. USAA may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation. Personal information transmitted to us will be treated in accordance with the USAA Privacy Promise.

USAA Copyright: This entire Site is the copyrighted work of USAA. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.

Trademarks: By providing content, we do not allow you to use trademarks referenced in this Site. You may not use any meta tags or any other ‘hidden text’ using USAA’s name or trademarks without the express written consent of USAA. The trademarks, logos, and service marks (‘Marks’) displayed on the Site are the property of USAA or other parties. Users are prohibited from using any Marks without the written permission of USAA or the third party that owns the Marks. American Express and the American Express logos are the registered trademarks of American Express Financial Services, Inc. Quicken® is a registered trademark of Intuit, Inc. Microsoft® Money is a registered trademark of Microsoft Corporation.

Copyright Infringement Claims: It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on this Site may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit USAA to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by USAA. Written notice must be sent to: USAA, General Counsel, 9800 Fredericksburg Road, San Antonio, Texas 78288.

Disclaimer of Warranties and Limitation of Liability

This Site is provided by USAA on an ‘as is’ and ‘as available’ basis. To the full extent permissible by applicable law, USAA disclaims all warranties, express or implied, including, but not limited to, implied warranties of Merchantability and fitness for a particular purpose. Except as provided in the Online Security Guarantee, USAA will not be liable to you or anyone else for damages of any kind arising from the use of this Site, INABILITY TO USE THIS SITE, or circumstances beyond its control, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, even if USAA is expressly advised of the possibility of such damages. Some states do not allow limitations on warranties or certain damages. Therefore, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Miscellaneous

Governing Law: Use of this Site and the Online Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of laws, unless otherwise specified in the applicable Product Agreement. The Uniform Computer Information Transactions Act or any substantially similar law, if enacted, will not govern any aspect of these Site Terms, your access to this Site or the Online Agreement.

Jurisdiction and Venue: If any claim or dispute under these Site Terms is not subject to Arbitration or an alternative as described in the Arbitration Procedures in the Online Agreement, then exclusive jurisdiction and venue shall be with a court of competent jurisdiction in Bexar County, Texas. You consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.

Severability: If any provision of these Site Terms or the Online Agreement is unlawful, void or unenforceable, the remaining provisions shall remain valid and in effect to the fullest extent possible.

Waivers: Any waiver of any provision of these Site Terms or the Online Agreement will be effective only if in writing and signed by an authorized representative of USAA. Any delay or omission by USAA to exercise any rights under these Site Terms or the Online Agreement shall not be construed to waive any rights.

Section Headings: The section titles, the italicized explanations in the shaded boxes, and the section headings are not part of the agreement and are not to be used in interpreting the terms of the agreement.

Conflicts: In the event of a conflict between these Site Terms or the Online Agreement and your Product Agreement, the Product Agreement shall control.

Notices: If you have registered at this Site we will notify you of any material changes to these Site Terms or the Online Agreement by using any of the contact information you have provided to us. These changes will not apply to disputes that arise prior to the effective date of the change.

Survival: Certain provisions of this Agreement by their nature shall continue in full force and effect after termination, including authorizations you have granted, the Disclaimer of Warranties and Limitation of Liability, Arbitration, and Jurisdiction/Enforceability.Конец формы

2.

Terms of Use

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. The operator of this website, Wirecutter Inc. (“Wirecutter,” “we,” “our” or “us”) offers access to the website www.wirecutter.com (the “Site”) conditioned on your acceptance without modification of the terms, conditions and notices contained herein (collectively, “Terms”).

In addition, particular features, applications and activities offered as part of the Site may also be subject to additional terms specified in connection with such features, applications and activities, all of which are incorporated herein by reference.

BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY IN A FORUM IN NEW YORK, NEW YORK, USA.

MODIFICATION OF THESE TERMS

From time to time, we may change these Terms. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Terms. Your continued use of the Site following the posting of changes to the Terms indicates your acceptance of those changes. Unless we provide you with specific notice, no changes to the Terms will apply retroactively.

ELIGIBILITY

The Site is not intended for use by people who are younger than age 13. Do not use the Site if you are under 13.

PERSONAL USE OF SITE

The Site is for your personal, non-commercial use only. You shall not sell or commercially exploit in any manner the Site, access to the Site or any of the content that is featured or displayed on the Site (“Content”). You shall not modify, distribute, transmit, display, perform, reproduce, publish, create derivative works from or transfer any of the Content without our express written permission. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.

We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason, including in the event that you violate these Terms, we are unable to verify or authenticate any information you provide to us or we believe that your actions may cause losses to, or legal liability for, you, other users of the Site or us.

You shall not use any robot, spider, scraper or other automated means to access the Site or any website provided as part of the Site for any purpose without our express written permission. You shall not (a) take any action that imposes, or may impose, in our sole discretion an unreasonable or disproportionately large load on our infrastructure, (b) interfere or attempt to interfere with the proper working of any of the Site or (c) bypass any measures we may use to prevent or restrict access to the Site.

USER SUBMISSIONS

Any comment, material, information or other communication that you post, upload or submit to the Site or that is displayed on the Site at your direction (each a “Communication”) will be considered non-confidential and non-proprietary, and we will be under no obligation to maintain the confidentiality of any Communication.

You are responsible for your Communications. You shall ensure that your Communications do not infringe any copyright or trademark, do not defame or constitute trade libel with respect to any person, entity, product or service, or violate any other rights of any other of another person or entity. You shall be solely liable for any claims, damages or other liabilities resulting from your use of the Site or your uploading, posting, or submission of any Communication or the content of any of your Communications.

Any opinions, advice, statements or other information contained in Communications are those of the author and not of us. We do not endorse or guarantee the accuracy, completeness or usefulness of any Communication. Please do your best to ensure that your own Communications are accurate.

By posting, uploading or otherwise submitting any Communication, you grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, sell, translate, create derivative works from, archive, aggregate, distribute, transmit, perform and display such Communication and your name, likeness, voice, statements and endorsements as incorporated therein, in whole or in part, in any manner and in any media, format or technology, whether now or later known or developed, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unlimited right to sublicense such rights, in perpetuity throughout the universe, without any further notice or payment to or permission from you.

We may, but are not obligated to, monitor or review Communications. We are not in any manner responsible for the content of Communications. By providing you with the ability to view and distribute user-generated and/or user-submitted content on the Site, we are not undertaking any obligation or liability relating to any such content, including without limitation any liability arising under the laws relating to copyrights, trademarks, defamation, privacy or obscenity or any other applicable law. However, we reserve the right to block or remove any Communication, including without limitation any Communication that in our sole discretion we determine violates the Code of Conduct.

LIABILITY DISCLAIMER FOR EDITORIAL CONTENT

The Site contains reviews, opinions and information regarding products and services manufactured or provided by third parties. We are not responsible in any way for such products and services, and nothing contained on the Site should be construed as a guarantee of the functionality, utility, safety or reliability of any product or services reviewed or discussed on the Site. Please follow the directions provided by the manufacturer or service provider when using any product or service reviewed or discussed on the Site.

Although we use reasonable efforts to ensure that the Content we prepare is accurate and informative, we cannot guarantee the accuracy or completeness of the Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in such Content, any loss or damage of any kind incurred as a result of your reliance on such Content or the use of any product or service reviewed or discussed in such Content.

The Site may from time to time include Content concerning medical or health-related products or services. However, we do not provide medical advice. The reader should consult his or her medical or health professional before adopting any suggestion contained in, drawing any inference from or taking any other action in reliance on any Content that addresses medical or health issues. Please be sure to follow the manufacturer’s directions and comply with the advice of your medical or health professional when using any medical or health-related device or medication or undertaking any health-related activities or program. We are not responsible for any adverse consequences of any medical or health decision or the use of any medical or health-related product or service.

DISCLAIMER

We make no warranties or representations about the accuracy or completeness of any Content or any Communication.

ALL OF THE CONTENT, COMMUNICATIONS, INFORMATION AND FUNCTIONALITY CONTAINED IN AND/OR PROVIDED VIA THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR COMMUNICATIONS IN THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU RESIDE.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SITE, PRODUCTS, FUNCTIONALITY AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and/or your use of the Site.

APPLICABLE LAW AND DISPUTES

These Terms will be governed by and interpreted in all respects in accordance with the substantive laws of the State of New York, without regard to its choice of law provisions. Except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved exclusively in the state or federal courts located in New York, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. Any and all disputes directly or indirectly arising out of or relating to the Terms or the Site will be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorneys’ fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.

Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms or the Site must be commenced within one (1) year after the claim or cause of action arises.

Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties hereunder to any party at any time.

We make no representation that the contents of the Site are appropriate or available for use in locations outside of United States of America. Access to the Site from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export any Content in violation of U.S. export laws and regulations.

INTELLECTUAL PROPERTY

The Site is our property. The Site may include content owned by others that is licensed to us. ALL RIGHTS RESERVED.

 

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement (“Notices”) should be sent to our designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

We respect the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate Notices and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of a Notice complying with the DMCA, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notice must include ALL of the following:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work 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 and all other information reasonably sufficient to permit us to contact you;
  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 owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

ACCOUNT REGISTRATION AND SECURITY

You may be required to create an account to have access to particular features or components of the Site (such as email alerts, personalized content, ability to save content, etc.). If you create an account, you shall (a) provide true, accurate, current and complete information about yourself (“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 if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and/or restrict or prohibit your use of the Site or any portion thereof. You are responsible for the security and confidentiality of your password and account and for any and all activities that occur under your account. You shall not share your account information or your user name and password with any third party or permit any third party to log onto the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You shall not create multiple accounts for your own use or open an account for anyone else.

CODE OF CONDUCT

You shall not, and shall not authorize or facilitate any attempt by another person or entity to:

  1. Post, transmit, or cause to be exhibited or displayed on or using the Site any Communication that is harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, lewd, lascivious or otherwise objectionable, in whole or in part, or that interferes with anyone’s use or enjoyment of the Site, as determined by us in our sole discretion;
  2. Post, transmit, or cause to be exhibited or displayed on or using the Site any Communication that infringes another person or entity’s copyright, trademark, right of publicity or other personal or proprietary right or violates any applicable law;
  3. Impersonate another person or entity;
  4. Solicit personally identifiable information from any person;
  5. Engage in disruptive activity such as posting Communications that are unrelated to a forum’s designated topic or theme; or
  6. Invade the privacy of any person, including posting personally identifying or otherwise private or sensitive information about a person without their consent or harvesting personally identifiable information about users of the Site.

THIRD-PARTY SITES

The Site may contain links to other sites on the Internet, all of which have their own privacy and data collection practices. Links to sites are provided only for your convenience and you access such sites at your own risk. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted material displayed on or accessible through such sites.