Effective Date: January 22, 2019
1. Description of the Services
Via the Tool and the Site, the Veterans Legal Clinic provides information regarding potential eligibility of Massachusetts veterans for benefits under Massachusetts General Laws Chapter 115. The Site and Tool operate as a questionnaire that solicits information from users that may be relevant to local Veterans Service Officers and/or the Commonwealth of Massachusetts’s evaluation of applications for Chapter 115 benefits (the “Services”).
2. Prohibited Users
You may not use our Services if you are under 13 years old. We do not knowingly collect information from Users under the age of 13. The Services are not directed at individuals under the age of 16. By clicking the “I Agree” button to register as a User or by otherwise using the Site, you represent: (a) that you are either (i) at least 16 years of age; or (ii) if you are older than 13 but younger than 16 years old, your parent and/or guardian has knowingly consented to your use of the Site; and (b) that your use of the Site is in compliance with any and all applicable laws and regulations.
3. Rules for Online Conduct
We welcome your use of the Site only for personal, educational, and other non-commercial purposes relating to assessment of potential eligibility for Chapter 115 benefits. Use of the Site for any other purpose without our prior express consent is not allowed. For clarity, we provide our rules for online conduct below.
- You agree that you are responsible for your own use of the Site and that you will use the Site in compliance with the Terms and with all applicable local, state, national and international laws, rules and regulations.
- As a condition of your use of the Site, you will not use the Site in any manner intended to damage or impair any part of our Site or Services or to interfere with any User’s access to or use of the Site.
- You are forbidden from posting any of the following content in any form on the Site:
- content that defames, harasses, or threatens others;
- profane, pornographic, obscene, indecent, or unlawful content;
- advertising or any form of commercial solicitation;
- Viruses, Trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
4. Disclaimers of Warranty and Limitation of Liability
The following website was created by the Veterans Legal Clinic at the Legal Services Center (LSC) of Harvard Law School. LSC is a public interest law firm that is part of Harvard Law School. We are not affiliated with the Massachusetts Department of Veterans Services or any town or city Veterans Services Officers (VSOs). This website is intended to provide general information about the Massachusetts Chapter 115 Benefits Program. It is not intended to provide legal advice. You should not rely upon the contents of this website or any information it generates as legal opinion. Please contact an attorney for advice on specific legal questions. This website is not a solicitation or an offer of representation. It is not intended to and does not create an attorney-client relationship. The information presented on this website may not reflect the most current legal developments and may contain technical inaccuracies or typographical errors.
The Site and any information, content, or services made available on or through the Site are provided “as is” and “as available” without warranty of any kind (express, implied, or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law. We are not responsible for and do not routinely screen, approve, review, or endorse the contents of the Site’s Services.
We do not warrant that the Site will operate in an uninterrupted or error-free manner, that the Site is free of viruses or other harmful components, or that the training videos, materials, or other content provided will meet your needs or expectations. We also make no warranty about the accuracy, completeness, timeliness, or quality of the Site or any course or content, or that any particular course or content will continue to be made available.
To the fullest extent permitted by applicable law, you agree that we are not and will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these Terms, or your (or any third party’s) use of or inability to use the Site, or your placement of content on the Site, or your reliance upon information obtained from or through the Site, whether your claim is based in contract, tort, statutory, or other law.
In particular, to the fullest extent permitted by applicable law, we will not have any liability for any consequential, indirect, punitive, special, exemplary, or incidental damages, whether foreseeable or unforeseeable and whether or not we have been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors, loss of profits, loss of data, or interruption in availability of data).
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to indemnify and hold harmless us, our affiliates, governing board members, trustees, officers, employees, agents and representatives, and any party with whom we may contract to provide Services, from and against any claims, liabilities, losses, damages, costs and expenses, including but not limited to reasonable attorneys’ fees and court costs, arising out of or in any way connected to your use of the Site, including but not limited to any allegation or claim that, if true, reflects your violation of the Terms or the infringement or violation by you (or occurring through use of your Account) of any intellectual property or other right of any person or entity.
6. Termination Rights; Discontinuation of Training Materials and Content
The Veterans Legal Clinic reserves the right to alter or terminate your access to the Site or the Site’s content at our sole discretion.
We reserve the right to determine the appropriate circumstances in which a User’s access to the Site may be restricted. We, in our sole discretion, may terminate your use of the Site and/or delete your information, for any or no reason. It is our policy to terminate site usage of Users who are repeat copyright infringers.
We reserve the right at any time in our sole discretion to cancel, delay, reschedule or alter the format of Services, or to cease providing any part or all of the Site content, with or without notice to you, and you agree that we will not have any liability to you for such an action.
The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the rights you have granted to the Veterans Legal Clinic in sections 3, 4, 5, 6, 7 and 9 of these Terms will survive any such termination.
a. Entire Agreement. The Terms together constitute the entire agreement between you and us with respect to your use of the Site, superseding any prior agreements between you and us regarding your use of the Site.
b. Waiver and Severability. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 the Terms shall remain in full force and effect.
c. Governing Law and Jurisdiction. The parties agree that the Terms are to be governed by and construed under the law of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. The parties further agree that all disputes shall be resolved exclusively in state or federal court in Middlesex County, Massachusetts. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).