Last updated February 5, 2024
These Terms of Use constitute a legally binding agreement made between you, the United States Marine Corps (“Marine Corps”), itself and on behalf of its Marine Corps users (collectively the “Users” and singularly the “User”) and Aptima, Inc. (“Company”, “we”, “us”, or “our”), concerning the Marine Corps’ and the Users’ access to and use of the https://fitforce.usmc.mil website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). Each User agrees that by accessing the Site, that the User has read, understood, and agreed to be bound by all of these Terms of Use. IF A USER DOES NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN SUCH USER IS EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if the User’s interactions would be subjected to such laws, the User may not use this Site. The User may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Unless otherwise indicated, the Site is our proprietary property and all Aptima, Inc. source code, databases (but not including the data/information stored in such databases, which is and will be the proprietary property of the Marine Corps), functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the Aptima, Inc. trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for the Marine Corps’ and User’s information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that the Users are eligible to use the Site, the Users are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which the Users have properly gained access solely for personal, non-commercial use. We reserve all rights not expressly granted to the Users in and to the Site, the Content and the Marks.
By using the Site, each User represents and warrants that: (1) all registration information the User submits will be true, accurate, current, and complete; (2) each User will make reasonable efforts to maintain the accuracy of such information and promptly update such registration information as necessary; (3) each User has the legal capacity and each User agrees to comply with these Terms of Use; (4) each User confirms that the User is not a minor in the jurisdiction in which the User resides; (5) except for such means as provided by the Marine Corps, the Users will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) the Users will not use the Site for any illegal or unauthorized purpose; and (7) the Users’ use of the Site will not violate any applicable law or regulation.
If any User provides any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate that User’s account and refuse any and all current or future use of the Site (or any portion thereof); provided, however, the Marine Corps, upon notification from Aptima, Inc., shall be provided a reasonable opportunity to cure such inaccurate information prior to suspension or termination of any User account.
Each individual User may be required to register for use of the Site with the Marine Corps. Each User agrees to keep their password confidential and will be responsible for all use of each such User’s account and password.
The Marine Corps in coordination with Aptima, Inc. will control access or use the Site for the purposes for which the Site is made available to Users. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Marine Corps.
As a User of the Site, you agree not to:
Except for purposes associated with the Marine Corps’ operational use of the Site, systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
[Aptima, Inc., agrees not to circumvent, disable or otherwise interfere with Marine Corps required or implemented security-related features associated with access or use of the Site.]
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Use the Site to advertise or offer to sell goods and services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Except for purposes associated with the Marine Corps’ operational use of the Site, engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another User or person or use the Username of another User.
Sell or otherwise transfer your profile.
Except for purposes associated with the Marine Corps’ operational use of the Site, upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you, the User.
Except for purposes associated with the Marine Corps’ operational use of the Site, attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except for purposes associated with the Marine Corps’ operational use of the Site, or which may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Except for purposes associated with the Marine Corps’ operational use of the Site, make any unauthorized use of the Site, including collecting usernames and/or email addresses of users/Users by electronic or other means for the purpose of sending unsolicited email, or creating user/User accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
The Site may invite the User to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide the User with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other Users of the Site. Except as directed by the U. S. Government Contracting Officer, any Contributions the User transmits may be treated as non-confidential and non-proprietary (if not protected by U.S. Intellectual Property laws). When the User creates or makes available any Contributions, the User thereby represents and warrants, based on the User’s knowledge and belief and to the extent not prohibited by Federal Law, that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
The User is the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize the Marine Corps to use the User’s Contributions in any manner contemplated by the Marine Corps.
The User has the written consent, release, and/or permission of each and every identifiable individual person in the User’s Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User’s Contributions in any manner contemplated by the Marine Corps.
The User’s Contributions are not false, inaccurate, or misleading.
The User’s Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
The User’s Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by the Marine Corps).
The User’s Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
The User’s Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
The User’s Contributions do not violate any applicable law, regulation, or rule.
The User’s Contributions do not violate the privacy or publicity rights of any third party.
The User’s Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
The User’s Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
The User’s Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
The User’s Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, Marine Corps guidance/policy, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of an individual User’s rights to use the Site.
Users posting Contributions to any part of the Site, automatically grants, and each individual User represents and warrants that the User has the right to grant, to the Marine Corps an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, each User’s image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes the Marine Corps’ use of the User’s name, image, and Contributions, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images any User provides. Each User waives all moral rights in their Contributions, and each User warrants that moral rights will not and have not otherwise been asserted in any User’s Contributions.
The Marine Corps shall have the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. Aptima, Inc. has no obligation to monitor the Users’ Contributions.
If a User accesses the Site via a mobile application, then Aptima, Inc. grants the Users a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by the Users, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use and/or as required by the Marine Corps. The Users shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with a User’s access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) except for purposes associated with the Marine Corps’ operational use of the Site, make the application available over a network or other environment permitting access or use by multiple devices or Users at the same time; (7) unless otherwise authorized by the base contract or its associated amendments or task orders, use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any non-U.S. Government website or to send any unsolicited commercial, i.e., non-U.S. Government, e-mail; or (9) unless otherwise authorized by the base contract (47QFLA19D0012) or its associated amendments or task orders, use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when a User uses a mobile application authorized by the Marine Corps that is obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to a User for Aptima, Inc.’s mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth by the Marine Corps and in the applicable App Distributor’s terms of service; (2) Aptima, Inc. is responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, the User may, in coordination with and as authorized by the Marine Corps, notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) the User represents and warrants that (i) the User is 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) the User is not listed on any U.S. government list of prohibited or restricted parties; (5) the User must comply with applicable Marine Corps and third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then the User must not be in violation of their wireless data service agreement when using the mobile application; and (6) the User acknowledges and agrees that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against Users as a third-party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by the User to Aptima, Inc. or the Marine Corps are non-confidential and shall become the Marine Corps’ sole property. The Marine Corps shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to the User. The User hereby waives all moral rights to any such Submissions, and the User hereby warrants that any such Submissions are original with the User or that the User has the right to submit such Submissions. The User agrees there shall be no recourse against the Marine Corps or Aptima, Inc. for any alleged or actual infringement or misappropriation of any proprietary right in the User’s Submissions.
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
Aptima, Inc. and the Marine Corps respect the intellectual property rights of others. If a User believes that any material available on or through the Site infringes upon any copyright that the User owns or controls, please immediately notify the Marine Corps and Aptima. Inc. using the contact information provided below (a “Notification”). After review, a copy of your Notification may be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law the User may be held individually liable for damages if the User makes material misrepresentations in a Notification. Thus, if the User is not sure that material located on or linked to by the Site infringes the User’s copyright, the User should consider first contacting the Marine Corps to determine the allocation of intellectual property rights and whether any rights belong to the Marine Corps.
These Terms of Use shall remain in full force and effect while Users use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, THE MARINE CORPS RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. THE MARINE CORPS MAY TERMINATE A USER’S USE OR PARTICIPATION IN THE SITE OR DELETE A USER’S ACCOUNT AND ANY CONTENT OR INFORMATION THAT A USER POSTED AT ANY TIME, WITHOUT WARNING, IN ITS SOLE DISCRETION.
If the Marine Corps terminates or suspends an account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party without first obtaining written permission from the Marine Corps. In addition to terminating or suspending your account, the Marine Corps reserves the right to take appropriate legal action, including without limitation pursuing civil, UCMJ, criminal, and injunctive redress.
The Marine Corps reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at the Marine Corps sole discretion without notice. However, the Marine Corps will have no obligation to update any information on the Site. Aptima, Inc., in coordination with the USMC, also reserves the right to modify or discontinue all or part of the Site without notice at any time. The Marine Corps will not be liable to a User or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. Aptima, Inc. and the USMC reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to the Users. Each User agrees that neither Aptima, Inc. nor the Marine Corps will have any liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Aptima, Inc. or the Marine Corps to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the United States of America. In the absence of federal law, the laws of the Commonwealth of Massachusetts will apply.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either Users or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute in accordance with FAR 52.233-1.
Pursuant to Section H.4 of the IDIQ RFP, Alternative Dispute Resolution (ADR) procedures increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy and are available pursuant to FAR 33.2. These procedures may be used at any time that the Contracting Officer has authority to resolve the issue in controversy. If the Contractor submits a claim, ADR procedures may be applied to all or part of the claim. The Contractor must certify its claim in accordance with FAR 33.207. When ADR procedures are used after the issuance of the Contracting Officer’s final decision, the time limitations or procedural requirements for filing an appeal of the CO’s final decision are not altered.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Aptima, Inc. and the Marine Corps reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. THE USER AGREES THAT THE USER’S USE OF THE SITE AND ITS SERVICES WILL BE AT THE USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, APTIMA, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE USER’S USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNLESS PROSCRIBED OR PROVIDED FOR BY THE BASE CONTRACT (47QFLA19D0012) OR ITS ASSOCIATED AMENDMENTS OR TASK ORDERS, APTIMA, INC., TO THE FULLEST EXTENT PERMITTED BY LAW APTIMA INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND APTIMA, INC. WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. APTIMA, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND APTIMA, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, THE USER SHOULD USE THE USER’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL APTIMA, INC. OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO THE MARINE CORPS/USERS, U OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM THE USERS USE OF THE SITE, EVEN IF APTIMA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO THE USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USERS TO APTIMA, INC. DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO USERS, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO USERS, AND THE USERS MAY HAVE ADDITIONAL RIGHTS.
As authorized by the Marine Corps, Aptima, Inc. and the Marine Corps will maintain certain data that the User transmits to the Site for the purpose of managing the performance of the Site, as well as data relating to the User’s use of the Site. Although Aptima, Inc. performs regular routine backups of data, the User is solely responsible for all data that the User transmits or that relates to any activity that the User has undertaken using the Site.
The User agrees that Aptima, Inc. shall have no liability to the Users for any loss or corruption of any such data, and the User hereby waives any right of action against Aptima, Inc. arising from any such loss or corruption of such data; provided, however, the underlying base contract and related contract amendments may supersede the above-written liability and waiver language.
Visiting the Site, sending Aptima, Inc. emails, and completing online forms constitute electronic communications. The User consents to receive electronic communications, and the User agrees that all agreements, notices, disclosures, and other communications Aptima, Inc. provides to the User electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. UNLESS SUPERSEDED BY THE BASE CONTRACT (47QFLA19D0012) AND ANY RELATED CONTRACT AMENDMENTS OR TASK ORDERS THE USER HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY APTIMA, INC. OR VIA THE SITE. Unless superseded by the base contract (47QFLA19D0012) or any related contract amendments or task orders, the User hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved by the Marine Corps or, if appropriate, Aptima, Inc., the User can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Unless superseded by the base contract (47QFLA19D0012) or any related contract amendments or task orders, these Terms of Use and any policies or operating rules posted by Aptima, Inc. or the Marine Corps on the Site or in respect to the Site constitute the entire agreement and understanding between an individual User and Aptima, Inc. and the Marine Corps. Aptima, Inc.’s or the Marine Corps’ failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. If approved by the Marine Corps, Aptima, Inc. may assign any or all of Aptima, Inc.’s rights and obligations to others at any time. Aptima, Inc. shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined not to comply with the base contract (47QFLA19D0012) or any related contract amendments or task orders, or to be otherwise unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between Users and Aptima, Inc. as a result of these Terms of Use or use of the Site. Users agree that these Terms of Use will not be construed against Aptima, Inc. by virtue of having drafted them. The User hereby waives any and all defenses that the User may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use; provided, however, Defense Federal Acquisition clause 552.232-39 Unenforceability of Unauthorized Obligations will apply to the base contract (47QFLA19D0012) or any related contract amendments or task orders and this Terms of Use.
To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Aptima, Inc.
8 Cabot Road
Suite 4000
Woburn, MA 01801
United States
781-935-3966
fitforce@aptima.com