High Caliber Community

Terms of Use

High Caliber Community, LLC
(also referred to as HC2, HiCal, or HiCal Comm)

Terms of Service and Disclaimer

Date of Last Revision: November 14, 2017

  1. Acceptance of Terms of Use Agreement.

By creating a High Caliber Community account or by using the HC2 app whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, (iii) our Safety Tips, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HC2. BEFORE USING ANY HC2 SERVICES, PLEASE READ IT CAREFULLY. BY ACCESSING, DOWNLOADING, USING, PURCHASING AND/OR SUBSCRIBING TO THE HC2 SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the website https://highcalibercommunity.com. You should regularly check for the most recent version. The most recent version is the version that applies.  If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.

  1. Eligibility.

You must have served in the United States Armed Forces to create an account on HC2 and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with HC2
  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations
  1. Your Account.

In order to use HC2, you must first be validated by our partners at ID.me and may sign in using your Facebook login.  If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other HC2 users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You may not use anyone else’s account at any time. You may not buy, sell, rent, or lease access to Your User Account or Your username without Our written permission. You will not share or otherwise transfer Your User Account or credentials.

You are entirely responsible for any and all activities that occur under Your account. You agree to notify HC2 immediately of any unauthorized use of Your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by HC2 or a third party due to someone else using Your account, regardless of whether they are authorized.

 

  1. Modifying the Services and Termination.

HC2 is always striving to improve the Services and bring you the additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features. We may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however, you will need to manage your in-app purchases through your mobile device platform (e.g., iTunes, Google Play). HC2 may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and HC2: Section 5, Section 6, and Sections 13 through 20.

  1. Safety; Your Interactions with Other Users.

Though HC2 strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both confirmed connections with one another, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow HC2’s Safety Tips, located on https://highcalibercommunity.com, prior to using the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT HC2 DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. HC2 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. HC2 DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS (OTHER THAN INFORMATION VERIFIED BY ID.ME). HC2 RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES OR FREEDOM OF INFORMATION OR “FOIA” REQUESTS) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA. THE HC2 SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE HC2 SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. HC2 IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

  1. Rights HC2 Grants You.

The HC2 Services are owned and operated by HC2. The HC2 Services, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including the mobile device applications, and all other elements of the Services (collectively, the “Materials”) are protected by the United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the HC2 Services are the property of HC2 or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the HC2 Services are proprietary to HC2 or its affiliates and/or third-party licensors. Except as expressly authorized by HC2 under this Agreement, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

HC2 grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by HC2 and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • express or imply that any statements you make are endorsed by HC2
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Services.
  • forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Service.
  • “frame” or “mirror” any part of the Service without HC2’s prior written authorization.
  • use meta tags or code or other devices containing any reference to HC2 or the Service (or any trademark, trade name, service mark, logo or slogan of HC2) to direct any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
  • use, access, or publish the HC2 application programming interface without our written consent.
  • probe, scan or test the vulnerability of our Services or any system or network.
  • encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

  1. Rights you Grant HC2.

By creating an account, you grant to HC2 a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other HC2 users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to HC2 above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account and ban your use of the HC2 Services.

You understand and agree that if you are deemed to have “stolen valor,” HC2 may immediately terminate your account and ban your use of the HC2 Services. HC2 may also report your activity to law enforcement or any applicable government agency.

You understand and agree that if you violate our policies, violate the safety and integrity of The Community or its other users, or are reported for misconduct, HC2 may immediately terminate your account and ban your use of the HC2 Services. HC2 may also report your activity to law enforcement or other applicable government agency.

In consideration for HC2 allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to HC2 regarding our Services, you agree that HC2 may use and share such feedback for any purpose without compensating you.

You agree that HC2 may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

  1. Guidelines for Your Use; Usage Rules; Prohibited Conduct & Uses

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS REGARDING PROHIBITED CONDUCT AND USES LISTED BELOW:

 

  • You will NOT use the HC2 Services or any information displayed within the HC2 Services to “stalk,” harass, abuse, defame, threaten or defraud other Users; violate the privacy or other rights of Users; or collect, attempt to collect, store, or disclose without permission the location or personal information about other Users;
  • You will NOT include offensive or pornographic materials, or materials that are harmful when using HC2 Services;
  • You will NOT use the HC2 Services for any commercial or non-private use, such as the sale or advertisement of goods or services, and You understand that the HC2 Services are for personal, non-commercial use only in the manner and for the purposes that We intend;
  • You will NOT use the HC2 Services for the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  • You will NOT include material on HC2 which contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission;
  • You will NOT make unsolicited offers, advertisements, proposals, or send junk mail to other Users of the HC2 Services. This includes unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
  • You will NOT impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the HC2 User Accounts of other Users;
  • You will NOT misrepresent the source, identity or content of information transmitted via the HC2 Services;
  • You will NOT display the HC2 application or profile data on any external display or monitor or in any public setting;
  • You will NOT remove, circumvent, disable, damage or otherwise interfere with security-related features of the HC2 Services, features that prevent or restrict use or copying of any content accessible through the HC2 Services, or features that enforce limitations on use of the HC2 Services;
  • You will NOT intentionally interfere with or damage operation of the HC2 Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  • You will NOT post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  • You will NOT post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other rights of any person;
  • You will NOT use the HC2 Services with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
  • You will NOT use the HC2 Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the HC2 Services could lead to death, personal injury, or physical or property damage;
  • You will NOT attempt to gain unauthorized access to the HC2 Services, or any part of it, other accounts, computer systems or networks connected to the HC2 Services, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of the HC2 Services or any activities conducted on the HC2 Service;
  • You will NOT interfere with anyone’s ability to use or enjoy the HC2 Service, or aid or encourage any activity prohibited by this Agreement.

HC2 RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY USER’S USE OF THE HC2 SERVICES, INCLUDING A USER’S REGISTRATION OR MESSAGING, AS WELL AS A USER’S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, HC2 ALSO RESERVES THE RIGHT TO (A) DISABLE ANY USER’S USE OF OR ACCESS TO THE HC2 SERVICES, INCLUDING THE LOCATION INFORMATION OR PROFILES OF OTHER USERS OR (B) TERMINATE ANY USER’S ACCOUNT, FOR ANY REASON AND WITHOUT ANY NOTICE OR OUR BEING LIABLE TO YOU.

HC2 reserves the right to investigate and/ or terminate your account if you have misused the Service or behaved in a way that HC2 regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

You understand that the group forums titled “The Community” and all group forums thereafter are public to access by all HC2 users.  Any content posted in a group forum may be accessed by any user.  It is the user’s sole responsibility to ensure any content posted within the forums are in compliance with the Terms of Service.

You alone are responsible for Your involvement with other Users. You agree that HC2 will not be responsible for any loss or damage incurred as the result of any such interactions. HC2 reserves the right, but has no obligation, to monitor disagreements between You and other Users.

  1. Users’ Content.

The HC2 Services allow the submission of content and materials (such as pictures, ideas, notes, concepts, or creative suggestions) by You and other Users to HC2 and other Users (“User Content”), and the hosting, sharing and/or publishing of such User Content with HC2 and other Users.

You are solely responsible for Your own User Content and the consequences of posting or publishing them. In connection with User Content, You affirm, represent, and warrant that: (i) You own, or have the necessary licenses, rights, consents, and permissions to use, and authorize HC2 to use, all intellectual property and any other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the HC2 Services and this Agreement; and (ii) You have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the HC2 Services and this Agreement. For clarity, You shall retain all of Your ownership rights in Your User Content.

You understand that when using the HC2 Services, You will be exposed to User Contents from a variety of sources, and that HC2 is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable.

HC2 assumes no responsibility whatsoever in connection with or arising from User Content. HC2 assumes no responsibility for actively monitoring User Content for inappropriate content. If at any time HC2 chooses, in its sole discretion, to monitor User Content, HC2 nonetheless assumes no responsibility for the content of the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting User Content. Further, HC2 does not endorse and has no control over the content of User Content submitted by other Users. HC2 makes no warranties, express or implied, as to the content of User Content or the accuracy and reliability of any User Content. Nonetheless, HC2 reserves the right to prevent You from submitting User Content and to edit, restrict or remove User Content for any reason at any time.

If you see Content on the Services that violates this Agreement, please report it within the Services or via info@highcalibercommunity.com.

User Content is owned by the User who submitted them, subject to HC2’s license to such User Content under this Agreement. You may not share, display or duplicate the User Content of any other party, except as permitted under this Agreement.

You hereby grant, and You represent and warrant that You have the right to grant, to HC2 an irrevocable, non-exclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your User Content, (through unlimited tiers of sublicenses), solely for the purposes of including Your User Content in the HC2 Services and as otherwise permitted by this Agreement. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your User Content. You also hereby grant to HC2, in connection with a sale of HC2 or the assets of HC2, the right to sell or transfer the User Content to a third party. Please see Our Privacy Policy for additional information about the use, collection, or sharing of Your information, including User Content.

If You provide HC2 with any feedback or suggestions regarding the HC2 Services (“Feedback”), You hereby assign to HC2 all rights in the Feedback and agree that HC2 shall have the right to use such Feedback and related information in any manner it deems appropriate. HC2 will treat any Feedback You provide to HC2 as non-confidential and non-proprietary to You. HC2 will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit to HC2 any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.

  1. Third Party Services and Advertisements.

The Service may contain advertisements and promotions offered by third parties and links to other websites or resources. HC2 is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. HC2 is not responsible or liable for such third parties’ terms or actions. The HC2 Services may include links to other websites or services, whether through advertising or otherwise, (“Third-Party Websites”) solely as a convenience to Users. HC2 does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, HC2 makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at Your own risk. We do not control these Third-Party Websites and this Agreement does not apply to companies that HC2 does not own or control, or to the actions of people that HC2 does not employ or manage. You should always check the terms of use posted on Third-Party Websites.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the HC2 Services are solely between You and such advertiser. You agree that HC2 will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the HC2 Services.

Parties other than HC2 may provide services or sell products via the HC2 Services. We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or the content of their product and service offerings. HC2 does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the third parties’ privacy statements and other terms and conditions of use.

By Your use of third-party applications that connect with the HC2 Services (“Third-Party Applications”), You acknowledge and agree that HC2 may transmit User Content to Third-Party Websites or Third-Party Applications through application protocol interfaces developed and maintained by those Third-Party Websites or Third-Party Applications. HC2 is not responsible for the transmission of the User Content from the HC2 Services to Third-Party Websites or Third-Party Applications, nor the use of the User Content on any Third-Party Websites or Third-Party Applications. You should review the terms of service and privacy policies of any Third-Party Websites or Third-Party Applications. HC2 is not responsible for and does not endorse any features, content, or other materials on or available from Third-Party Sites or Third-Party Applications. HC2 also does not screen, audit, or endorse Third-Party Sites or Third-Party Applications. Accordingly, if You decide to access Third-Party Sites or Third-Party Applications, You do so at Your own risk and agree that Your use of any Third-Party Sites or Third-Party Applications is on an “as-is” basis without any warranty as to the Third-Party Sites or Third-Party Applications’ actions, and that this Agreement does not apply to Your use of any Third-Party Sites or Third-Party Applications.

You acknowledge and agree that HC2 may incorporate Your User Content and location information for User Accounts from the HC2 Services with third-party information sources and third-party applications in the provisioning of the HC2 Services.

HC2 and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode,    cand extent of such advertising are subject to change without specific notice or Our being liable to You.

  1. Purchases.

In-App Purchases. From time to time, HC2 may offer products and services for purchase (“in-app purchases”) through iTunes, Google Play or other application platforms authorized by HC2 (each, a “Software Store”). If you choose to make an in-app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in-app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in-app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the HC2 application from your device. Deleting your account on HC2 or deleting the HC2 application from your device does not guarantee your canceled subscription; HC2 will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

SPECIAL STATE TERMS REGARDING YOUR RIGHT TO CANCEL. The following provisions are added to this Agreement for paid subscription Users residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New Jersey, New York, North Carolina, Ohio, Rhode Island, Wisconsin, or any other state with laws which may require notice of cancellation rights: You, the buyer, may cancel this Agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller’s third business day following the date of this contract, excluding Sundays and holidays. To cancel this Agreement, mail or deliver a signed and dated notice, or send a telegram which states that You, the buyer, are canceling this Agreement, or words of similar effect. This notice shall be sent to:

High Caliber Community

Address

Address Line 2

In the event that You die before the end of Your paid subscription period, Your estate shall be entitled to a refund of that portion of any payment You had made for Your paid subscription which is allocable to the period after Your death. In the event that You become disabled (such that You are unable to use the paid subscription and the condition is verified in writing by a physician) before the end of Your paid subscription period, You shall be entitled to a refund of that portion of any payment You had made for Your subscription which is allocable to the period after Your disability, by providing HC2 notice at the same address as listed above.

For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

  1. End User Licenses.

Mobile Device. To use the HC2 Software You must have a mobile device that is compatible with the HC2 Services. HC2 does not warrant that the HC2 Services will be compatible with Your mobile device. You are responsible for any mobile charges that You may incur for using the HC2 Services, including text-messaging, roaming charges, and data charges. If You are unsure about the charges that will apply, please contact Your mobile service provider before using the HC2 Services.

License Grant. Subject to Your compliance with the terms of this Agreement, HC2 hereby grants You a non-exclusive, non-transferable, revocable license to (i) use a compiled code copy of the HC2 Software for Your Account on a mobile device owned or leased solely by You, for Your personal, non-commercial use and (ii) use the HC2 Services (other than the HC2 Software) for Your personal, non-commercial use.

Restrictions. You may NOT: (i) modify, disassemble, decompile or reverse engineer the HC2 Services, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the HC2 Services to any third party or use the HC2 Services to provide time sharing or similar services for any third party; (iii) make any copies of the HC2 Services; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the HC2 Services, features that prevent or restrict use or copying of any content accessible through the HC2 Services, or features that enforce limitations on use of the HC2 Services; or (v) delete the copyright and other proprietary rights notices on the HC2 Services.

Upgrades. You acknowledge that HC2 may from time to time issue upgraded versions of the HC2 Services, and may automatically electronically upgrade the version of the HC2 Services that You are using on Your mobile device or otherwise. You consent to such automatic upgrading on Your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. You agree that HC2 will not be liable to You for any such modifications.

Open Source. With respect to any open source or third-party code that may be incorporated in the HC2 Services, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. Nothing in this Agreement limits Your rights under, or grants You rights that supersede, the terms and conditions of any applicable end user license for such open source software. Please contact us at info@highcalibercommunity.com (with “Open Source” in the email subject line) for more information.

Rights Reserved. The foregoing license granted under this Agreement is not a sale of the HC2 Services or any copy thereof and HC2 or its third-party partners or suppliers retain all right title, and interest in the HC2 Services (and any copy thereof). Any attempt by You to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. HC2 reserves all rights not expressly granted under this Agreement.

Trademarks, Service Marks, and Logos. The names and logos associated with the HC2 Services are the property of HC2. No use of these marks is permitted except through the prior written authorization and permission of HC2. All rights reserved.

Government End Users. The HC2 Services are intended for the use by individuals, not government entities. If HC2 authorizes the use of the HC2 Services on behalf of the United States Government or the United States Government uses the HC2 Service without authorization, then use, duplication, display, modification, reproduction, release, performance, distribution, and disclosure of the HC2 Services (or portion thereof) by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Otherwise, nothing in this Agreement or otherwise will give a government user rights to the HC2 Services broader than those set forth in this Agreement.

Export Control. The HC2 Services originate in the United States and are subject to United States export laws and regulations. The HC2 Services may not be exported or re-exported by You to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the HC2 Services may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the HC2 Services.

App Stores. You acknowledge and agree that the availability of the HC2 Services is dependent on the third party from which You received the HC2 Services, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between You and HC2 and not with the App Store. Each App Store may have its own terms and conditions to which You must agree before downloading the HC2 Services from it. You agree to comply with, and Your license to use the HC2 Services is conditioned upon Your compliance with, all applicable terms and conditions of the applicable App Store.

  1. Apple App Store Additional Terms and Conditions.

 

The following additional terms and conditions apply to You if You are using HC2 Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply, but solely with respect to HC2 Software from the Apple App Store:

 

Acknowledgement. HC2 and You acknowledge that this Agreement is concluded between HC2 and You only, and not with Apple and that HC2, not Apple, is solely responsible for HC2 Software and the content thereof. To the0020 extent, this Agreement provides for usage rules for HC2 Software that are less restrictive than the Usage Rules set forth for HC2 Software in or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.

The Scope of License. The license granted to You for HC2 Software is limited to a non-transferable license to use HC2 Software on an iOS product that You own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.

Maintenance and Support. HC2 is solely responsible for providing any maintenance and support services with respect to HC2 Software, as specified in this Agreement (if any), or as required by applicable law. HC2 and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to HC2 Software.

Warranty. HC2 is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of HC2 Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for HC2 Software to You; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to HC2 Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HC2’s sole responsibility.

Product Claims. HC2 and You acknowledge that HC2, not Apple, is responsible for addressing any claims of You or any third party relating to HC2 Software or Your possession and/or use of HC2 Software, including: (i) product liability claims; (ii) any claim that HC2 Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit HC2’s liability to You beyond what is permitted by applicable law.

Intellectual Property Rights. HC2 and You acknowledge that, in the event of any third-party claim that HC2 Software or Your possession and use of HC2 Software infringes that third party’s intellectual property rights, HC2, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii)You are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address. HC2’s contact information for any end-user questions, complaints or claims with respect to HC2 Software is set forth in Section ____________ below.

Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using HC2 Software.

Third-Party Beneficiary. HC2 and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.

  1. Notice and Takedown Policy.

 

HC2 respects intellectual property rights and expects its Users to do the same. HC2 will promptly terminate without notice the accounts of Users that are determined by HC2 to be “repeat infringers.” A repeat infringer is a User who has been notified by HC2 of infringing activity violations more than twice and/or who has had a User Content removed from the HC2 Services more than twice. (Note that we reserve the right to terminate accounts for a single infringement as well pursuant to other sections of this Agreement)

 

If You are a copyright owner or an agent thereof, and You believe that any content hosted on any HC2 Services infringes Your copyrights, then You may submit a notification by providing HC2’s Designated Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable HC2 Services are covered by a single notification, a representative list of such works on the applicable HC2 Services;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HC2 to locate the material;
  • Information reasonably sufficient to permit HC2 to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
  • 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 owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).

HC2’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

High Caliber Community, LLC
Attention: Copyright Agent
Address

Telephone:
Email: info@highcalibercommunity.com

 

For clarity, only notices under this Section should go to the HC2 Designated Copyright Agent. You acknowledge that if You fail to comply with all of the requirements of this Section 22, Your DMCA notice may not be valid. Please note that under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

  1. Our Disclaimers; No Warranties to You.

HC2 PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HC2 DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.

HC2 TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

HC2 AND ITS SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HC2 SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE HC2 SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HC2 AND ITS SUPPLIERS AND PARTNERS (INCLUDING HC2’S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION, USE OF THE “RED FLAG” FEATURE, OR THE OTHER HC2 SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HC2 OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICES OR EQUIPMENT NECESSARY TO ACCESS THE HC2 SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE HC2 SERVICES AT YOUR OWN DISCRETION AND RISK.

CERTAIN STATE, PROVINCIAL, AND NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. 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.

  1. The Red Flag Feature.

The information and peer support offered on HC2’s website, mobile application or “app” and Facebook page are meant to be a supportive community of peer-to-peer interaction for people who have identified themselves as needing to talk, by using the “Red Flag” feature.

The contents of the MY3 Mobile Application, such as text, graphics, images, information obtained from MY3’s licensors, and other material contained on MY3 (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition or thoughts of suicide. Never disregard professional medical advice or delay seeking it because of something you have read on the MY3 Mobile Application.

You understand that by initiating a “Red Flag” in the HC2 app, an anonymous alert will be sent out to other HC2 users in your area [AND WHAT ELSE IS SUPPOSED TO HAPPEN].  You understand that HC2 employees, officers, agents, and users, the administrative team are not trained in emergency crisis response or intervention.

You understand and agree that solely the individual user who initiates a “Red Flag” can deactivate the “Red Flag.”  You understand that once the “Red Flag” is deactivated, you will no longer be reported as needing peer-to-peer support.

HC2 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE RED FLAG FEATURE. HC2 is under no circumstance held liable for the peer-to-peer interactions that occur as a result of a “Red Flag” initiation.  You understand and agree that the HC2 and its users are not held liable for any actions that occur after a “Red Flag” is initiated, up to and including death, whether intentional or accidental.

RED FLAG FEATURE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR THOUGHTS OF SUICIDE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON COMMUNITY, WEBSITE, APP OR FACEBOOK PAGE.

WE ENCOURAGE YOU TO SEEK PROFESSIONAL GUIDANCE BY CALLING THE VETERAN CRISIS HOTLINE AT 1-800-273-8255 AND PRESS 1 OR TEXT TO 838255. 

IF YOU OR SOMEONE YOU KNOW IS THINKING OF HURTING THEMSELVES OR OTHERS, CALL 911 AND GO TO THE NEAREST EMERGENCY ROOM.

 

Report Suicidal Content

 

IMPORTANT: If you’ve encountered a direct threat of suicide on HC2, please contact law enforcement; report to the HC2 administrators using the report feature or via info@highcalibercommunity.com or call the Veteran Crisis Hotline immediately at 1-800-273-8255.

What should I do if someone posts something about suicide or self-injury?

If someone you know is in danger, please contact local emergency services for help immediately. After you’ve called emergency services, connect with your friend or call someone who can. Showing that you care matters. Make sure they know that you’re there for them and that they aren’t alone.

If the threat of physical danger isn’t immediate, there are things you can do to help:

  • Provide Support to this person or contact a family member, friend, counselor or teacher, who may be able to provide support
  • Share resources and contact information that this person may find helpful
  • Report the content to us so we can reach out to this person with information that may be helpful to them

 

Provide Support

Follow these tips, provided by Facebook via Forefront, for talking with someone in crisis:

  • Empathize with them. Take their experience seriously. Listen carefully, communicate care and avoid offering solutions unless your friend asks. Be understanding of your friend’s emotions and let them know they’re important to you.
  • If you can, ask them directly and compassionately whether they’re thinking about suicide. If they say “yes,” don’t panic. Sharing suicidal thoughts can relieve feelings of isolation, and talking about it can often provide relief.
  • If possible, make sure your friend doesn’t have a plan or easy access to things like firearms or large doses of medication.
  • Connect them with a counselor or help center who can offer support.
  • Be available, both today and in the future. Follow up with your friend regularly to show that you care

Share Resources

Suicide Prevention

Self-Injury

Eating Disorders

 

  1. Your Indemnification of HC2, You Hold Harmless HC2.

You agree to indemnify, defend, and hold HC2 (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party, including your spouse, children, heirs, or assigns, arising out of or related to (a) Your use or misuse of any location information, the Red Flag feature, or the other HC2 Services generally, (b) any violation of the rights of any other person or entity by You, (c) any alleged breach or violation by You of this Agreement, or (d) Your use of the HC2 Services to meet another User in person or to locate and attend any offline place or event. HC2 reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive this Agreement and Your use of the HC2 Services.

  1. Limitation Of Our Liability And Of Your Damages.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HC2 (WHICH INCLUDES, FOR PURPOSES OF THIS SECTION, ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM (A) YOUR USE OF THE HC2 SERVICES; (B) OUR DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (C) YOUR USE OR INABILITY TO USE THE HC2 SERVICES; (D) THE HC2 SERVICES GENERALLY (INCLUDING THE HC2 SOFTWARE) OR SYSTEMS THAT MAKE THE HC2 SERVICES AVAILABLE; OR (E) ANY OTHER INTERACTIONS WITH HC2 OR ANY OTHER USER OF THE HC2 SERVICES, EVEN IF HC2 OR A HC2 AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND, TO THE EXTENT PERMITTED BY LAW, WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL HC2’S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS OR SUPPLIERS) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE HC2 SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE HC2 SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER. THIS SECTION 18.2 IS NOT INTENDED TO EXCLUDE LIABILITY THAT HC2 MAY NOT EXCLUDE UNDER APPLICABLE LAW.

  1. You Acknowledge the Benefit Of The Bargain With HC2.

YOU ACKNOWLEDGE AND AGREE THAT HC2 HAS OFFERED THE HC2 SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HC2 AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HC2. HC2 WOULD NOT BE ABLE TO PROVIDE THE HC2 SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

  1. You Release HC2 And Assume The Risk.

To the fullest extent permitted by applicable law, You, for yourself and your heirs, executors, administrators, legal representatives, successors and assigns,  hereby release and forever discharge HC2 (and Our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, emotional distress, identity theft, death, and property loss and damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, (1) your use or inability to use any of the HC2 Services, (2) any interactions with, or act or omission of, or User Content provided by, other HC2 Services Users or (3) any third-party site, products, services, and links included on or accessed through the HC2 Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You assume full responsibility for any risk of bodily injury, death, or property damage arising out of or related to (1) your use or inability to use any of the HC2 Services, (2) any interactions with, or act or omission of, or User Content provided by, other HC2 Services Users or (3) any third-party site, products, services, and links included on or accessed through the HC2 Service, whether cause by the negligence of HC2 (and Our officers, employees, agents, successors, and assigns) or otherwise.

  1. Disputes.

If You have any dispute with HC2, You agree that before taking any formal action, You will contact Us at info@highcalibercommunity.com, provide a brief, written description of the dispute and Your contact information (including Your email address associated with Your User Account, if Your dispute relates to an account) and allow sixty (60) days to pass, during which We will attempt to reach an amicable resolution of any issue with You.

If we cannot reach an amicable resolution, You will resolve any claim, cause of action or dispute (claim) you have with us exclusively in the U.S. District Court for the Western District of Texas or a state court located in Bexar County, Texas and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Texas will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

  1. Miscellaneous Provisions.

Severability, Waiver of Agreement Provisions.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You and We agree that if any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Notices. HC2 may provide You with notices, including those regarding changes to this Agreement, by email or postings on the HC2 Services. You hereby consent to the use of electronic communications.

You May Not Assign, But HC2 May. This Agreement, and any rights and licenses granted hereunder may not be transferred or assigned by You and all of your rights to your account and its Content terminate upon your death. However, HC2 may at any time and for any reason transfer or assign without restriction this Agreement and the obligations contained in the Agreement to a third party. You hereby acknowledge and agree that if another company acquires Our company, business, or Our assets, that transaction may include a sale or transfer of Your User Content, and You agree to such transfer without further action or confirmation.

Survival of Provisions. The following Sections will survive any termination of this Agreement or any termination of Your use of or subscription to the HC2 Services: 1-3, 4.3, 4.4, 5-7, 9.6, 9.7, 10, 12-14, 15 (excluding 15.2), 16-23, and 25.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement.

Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. The word “including” means “including without limitation.” This Agreement, the Privacy Policy, the Safety Tips and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and HC2 regarding the use of the Service and shall not be modified except in writing, agreed to by both parties.

Our Disclosures; Your Inquiries. The services hereunder are offered by High Caliber Community, LLC, Address. General Inquiries: info@highcalibercommunity.com.

 

High Caliber Community, LLC

(also referred to as HC2, HiCal, or HiCal Comm)

Safety Tips

Date of Last Revision: November 14, 2017

Using Social Media Safely

HC2 brings people together. We are committed to creating a community of Veterans, retirees, and current service members to connect with one another on a secure platform.

With so many people on HC2, user safety is a priority. We understand that meeting someone for the first time whether online, through an acquaintance or on an outing is intriguing and exciting. However, your safety is very important, and because you are in control of your HC2 experience, there are certain safety steps that you should follow while meeting new acquaintances – both online and offline.

We ask you to read the tips and information below and strongly urge you to follow these guidelines in the interest of your personal safety and well-being. However, you are always the best judge of your own safety, and these guidelines are not intended to be a substitute for your own judgment.

Online Behavior

Protect Your Finances & Never Send Money or Financial Information

Never respond to any request to send money, especially overseas or via wire transfer, and report it to us immediately – even if the person claims to be in an emergency. Wiring money is like sending cash: the sender has no protections against loss and it’s nearly impossible to reverse the transaction or trace the money. For more information, refer to the U.S. Federal Trade Commission’s advice to avoid online scams.

Protect Your Personal Information

Never give personal information, such as: your social security number, credit card number or bank information, or your work or home address to people you don’t know or haven’t met in person.

Note: HC2 will never send you an email asking for your username and password information. Any such communication should be reported immediately to info@highcalibercommunity.com.

Be Web Wise

Block and report suspicious users. You can block and report concerns about any suspicious user anonymously at any time on HC2.  Keep conversations on the platform. Bad actors will try to move the conversation to text, personal email or phone conversations.

Report All Suspicious Behavior

Additionally, please report anyone who violates our terms of use.

Examples of terms of use violations include:

  • Asks you for money or donations
  • Requesting photographs.
  • Minors or individuals who have not served in the United States Armed Forces using the platform
  • Users sending harassing or offensive messages
  • Users behaving inappropriately after meeting in person
  • Fraudulent registration or profiles.
  • Spam or solicitation, such as invitations to call 1-900 numbers or attempts to sell products or services.

Offline Behavior

First meetings are exciting, but always take precautions and follow these guidelines to help you stay safe:

Get to Know the Other Person

Keep your communications limited to the platform and really get to know users online/using the app before meeting them in person. Bad actors often push people to communicate off the platform immediately. It’s up to you to research and do your due diligence.

Always Meet and Stay in Public

Meet for the first time in a populated, public place – never in a private or remote location, and never at your home or apartment. If your new connection pressures you, end the meetup and leave at once.

Tell Your Friends and Family Members of Your Plans

Inform a friend or family member of your plans and when and where you’re going. Make sure you have your cell phone charged and with you at all times.

Transport Yourself to and from the Meeting

You need to be independent and in control of your own transportation, especially incase, things don’t work out.

Stay Sober

Consumption of alcohol and/or other drugs can impair your judgment and potentially put you in danger. It’s important to keep a clear mind and avoid anything that might place you at risk. Be aware that bad actors might try to take advantage of you by altering your beverage(s) with synthetic substances.

Health

HC2 welcomes everyone and empowers our community of users to create and cultivate relationships. An important aspect of any healthy relationship though – whether formed on HC2 or otherwise – is ensuring proper sexual, mental and emotional health and safety. As a member of the HC2 community, it is your responsibility to make sure you do the following if you choose to engage in sexual activity:

Protect Yourself.

You and your partner should use proper protection. Condoms and other mechanisms can significantly reduce the risk of contracting or passing on an STI, such as HIV. To be effective, however, protective measures must be used consistently. Please keep in mind; you can still get certain STIs, like herpes or HPV from contact with your partner’s skin even when using a condom.

Be Open and Honest

It is completely reasonable to have a conversation with your partner regarding sex and sexual contact before actually having it. All issues ranging from the number of partners each of you has had, to the last time each of you was tested for STIs are reasonable to discuss. Many STIs are curable or treatable. If either you or your partner has an STI that is curable, you both need to start treatment to avoid becoming re-infected. It is important to be completely honest in these conversations.

Vaccinate

The risk of contracting some STIs can be reduced through vaccination. Talk to your doctor or a professional at a sexual health clinic to learn more.

Know Your Status

Know your status. Some STIs don’t show symptoms. Regular testing is critical to stay on top of your health and help prevent the spread of STIs. After testing, always ask for a copy of your test results so you are sure of your status. There are many free, quick and confidential testing options – find the best locations near you.

For Further Help, Support or Advice

In the case that an emergency has happened, immediately call 911. Emergency situations include a recent threat of violence or sexual violence, recent act of violence or sexual violence or if your health or someone else’s health is in danger.

If something has happened and you’re in need of help, support or advice pertaining to physical or sexual assault, please call the below 24hr hotlines.

Rape, Abuse and Incest National Hotline

1-800-656-HOPE | www.rainn.org

Planned Parenthood

1-800-230-7526 | www.plannedparenthood.org

National Domestic Violence Hotline

1-800-799-SAFE (7233) or 1-800-787-3224 | www.thehotline.org