Terms of Use
1.0
ACCEPTANCE OF TERMS
1.1 The Military Uniform Exchange ("Service"), owned and operated by Military Uniform Exchange, is
provided to you ("you" or "Applicant") subject to the following Terms of
Use ("TOU"). By using the Service in any way, you are agreeing to comply
with the TOU. In addition, when using particular Military Uniform Exchange services, you
agree to abide by any applicable posted guidelines for all Military Uniform Exchange
services, which may change from time to time. Should you object to any
term or condition of the TOU, any guidelines, or any subsequent
modifications thereto or become dissatisfied with Military Uniform Exchange in any way, your
only recourse is to immediately discontinue use of Military Uniform Exchange.
2.0. MODIFICATIONS TO THIS AGREEMENT
2.1 We reserve the right, at our sole discretion, to change, modify or
otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting
thereof. You must review this agreement on a regular basis to keep
yourself apprised of any changes.
3.0. CONTENT
3.1 You understand that all postings, messages, text, files, images,
photos, videos, sounds, or other materials ("Content") posted on,
transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for each individual item
("Item") of Content that you post, email or otherwise make available via
the Service. You understand that Military Uniform Exchange does not control, and is not
responsible for Content made available through the Service, and that by
using the Service, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the Military Uniform Exchange site and Content available through the Service
may contain links to other websites, which are completely independent of Military Uniform Exchange. Military Uniform Exchange makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in any such
site. Your linking to any other websites is at your own risk.
3.2 You agree that you must evaluate, and bear all risks associated
with, the use of any Content, that you may not rely on said Content, and
that under no circumstances will Military Uniform Exchange be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed or otherwise made available via
the Service. You acknowledge that Military Uniform Exchange does not pre-screen or approve
Content, but that Military Uniform Exchange shall have the right (but not the obligation) in
its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the TOU
or for any other reason.
4.0. THIRD PARTY CONTENT, SITES, AND SERVICES
4.1 The Military Uniform Exchange site and Content available through the Service may contain
features and functionalities that may link you or provide you with
access to third party content which is completely independent of Military Uniform Exchange,
including web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products or
services, and the Internet as a whole.
4.2 Your interactions with organizations and/or individuals found on or
through the Service, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation
you feel necessary or appropriate before proceeding with any online or
offline transaction with any of these third parties.
4.3 You agree that Military Uniform Exchange shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings. If
there is a dispute between participants on this site, or between users
and any third party, you understand and agree that Military Uniform Exchange is under no
obligation to become involved. In the event that you have a dispute with
one or more other users, you hereby release Military Uniform Exchange, its officers,
employees, agents and successors in rights from claims, demands and
damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and / or our service.
5.0 PRIVACY AND INFORMATION DISCLOSURE 5.1 Your use of the Military Uniform Exchange website or the Service signifies
acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that Military Uniform Exchange may, in its sole discretion, preserve
or disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information, if
required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal
process; enforce the TOU; respond to claims that any Content violates
the rights of third-parties; respond to claims that contact information
(e.g. phone number, street address) of a third-party has been posted or
transmitted without their consent or as a form of harassment; protect
the rights, property, or personal safety of Military Uniform Exchange, its users or the
general public.
6.0 CONDUCT 6.1 You agree not to post, email, or otherwise make available Content:
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that is unlawful, harmful, threatening, abusive, harassing,
defamatory, libelous, invasive of another's privacy, or is harmful
to minors in any way;
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that is pornographic or depicts a human being engaged in actual
sexual conduct;
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that harasses, degrades, intimidates or is hateful toward an
individual or group of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or disability;
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that violates the Fair Housing Act by stating, in any notice or ad
for the sale or rental of any dwelling, a discriminatory preference
based on race, color, national origin, religion, sex, familial
status or handicap (or violates any state or local law prohibiting
discrimination on the basis of these or other characteristics);
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that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color,
religion, sex, national origin, age, or disability.
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that impersonates any person or entity, including, but not limited
to, a Military Uniform Exchange employee, or falsely states or otherwise misrepresents
your affiliation with a person or entity (this provision does not
apply to Content that constitutes lawful non-deceptive parody of
public figures.);
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that includes personal or identifying information about another
person without that person's explicit consent;
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that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch" or not clear description which just
ask for reply for more information;
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that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party, or Content that you do not
have a right to make available under any law or under contractual or
fiduciary relationships;
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that constitutes or contains "Home Typist", "Earn X amount money
easy", "Home workers", Unlimited Income", "MLM", "Matrix",
"Affiliate marketing", "Link referral code", "Junk mail", "Spam",
"Chain letters", "Pyramid schemes", "Loan by phone or email
schemes", "Send more for more information", unsolicited commercial
advertisement or other schemes;
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that constitutes or contains any form of advertising or solicitation
if: posted in areas of the Military Uniform Exchange sites which are not designated for
such purposes; or emailed to Military Uniform Exchange users to contact them about other
services, products or commercial interests.
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that includes links to acquire traffic or visitors to affiliate web
sites, commercial services or web sites, except as allowed in
"services";
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that includes links to affiliate to third party websites and links
to parked domains filled with affiliated links or url links
containing any types of affiliated arguments;
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that relates to tangible products outside of US. (IP address
of the original ad author would be verified for all ads);
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any scam attempts. If you post a scam ad, we will detect it
and notify your local law enforcement agency!
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that advertises any illegal service or the sale of any items the
sale of which is prohibited or restricted by any applicable law,
including without limitation items the sale of which is prohibited
or regulated by US law.
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that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
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that disrupts the normal flow of dialogue with an excessive amount
of Content (flooding attack) to the Service, or that otherwise
negatively affects other users' ability to use the Service; or
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that employs misleading email addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin of
Content transmitted through the Service.
6.2
Additionally, you agree not to:
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contact anyone who has asked not to be contacted;
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"stalk" or otherwise harass anyone;
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collect personal data about other users for commercial or unlawful
purposes;
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use automated means, including spiders, robots, crawlers, data
mining tools, or the like to download data from the Service - unless
expressly permitted by Military Uniform Exchange;
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post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
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post the same item or service in more than one classified category;
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post size codes in advertisement to disproportionate the display
size of the website.
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attempt to gain unauthorized access to Military Uniform Exchange's computer systems or
engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of,
the Service or the Military Uniform Exchange website; or
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use any form of automated device or computer program that enables
the submission of postings on Military Uniform Exchange without each posting being
manually entered by the author thereof (an "automated posting
device"), including without limitation, the use of any such
automated posting device to submit postings in bulk, or for
automatic submission of postings at regular intervals.
7.0 POSTING AGENTS 7.1 A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
moderate demands on Military Uniform Exchange's resources, you may not use a Posting Agent
to post Content to the Service without express permission or license
from Military Uniform Exchange. Correspondingly, Posting Agents are not permitted to post
Content on behalf of others, to cause Content to be so posted, or
otherwise access the Service to facilitate posting Content on behalf of
others, except with express permission or license from Military Uniform Exchange.
8.0 NO SPAM POLICY 8.1 You understand and agree that sending unsolicited email
advertisements to Military Uniform Exchange email addresses or through Military Uniform Exchange computer
systems, which is expressly prohibited by these TOU. Any unauthorized
use of Military Uniform Exchange computer systems is a violation of the TOU and certain
federal and state laws, including without limitation to the Computer
Misuse Act. Such violations
may subject the sender and his or her agents to civil and criminal
penalties.
9.0. PAID POSTINGS 9.1 We may charge a fee to post Content in some areas of the Service.
The fee is an access fee permitting Content to be posted in a designated
area. Each party posting Content to the Service is responsible for said
Content and compliance with the TOU. All fees paid will be
non-refundable in the event that Content is removed from the Service for
violating the TOU.
10.0. LIMITATIONS ON SERVICE
10.1 You acknowledge that Military Uniform Exchange may establish limits concerning use of
the Service, including the maximum number of days that Content will be
retained by the Service, the maximum number and size of postings, email
messages, or other Content that may be transmitted or stored by the
Service, and the frequency with which you may access the Service. You
agree that Military Uniform Exchange has no responsibility or liability for the deletion or
failure to store any Content maintained or transmitted by the Service.
You acknowledge that Military Uniform Exchange reserves the right at any time to modify or
discontinue the Service (or any part thereof) with or without notice,
and that Military Uniform Exchange shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
11.0 ACCESS TO THE SERVICE
11.1 Military Uniform Exchange grants you a limited, revocable, nonexclusive license to
access the Service for your own personal use. This license does not
include:
a) access to the Service by Posting Agents; or b) any collection,
aggregation, copying, duplication, display or derivative use of the
Service nor any use of data mining, robots, spiders, or similar data
gathering and extraction tools for any purpose unless expressly
permitted by Military Uniform Exchange. A limited exception to (b) is provided to general
purpose internet search engines and non-commercial public archives that
use such tools to gather information for the sole purpose of displaying
hyperlinks to the Service, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent and
comply with our robots.txt file. "General purpose internet search
engine" does not include a website or search engine or other service
that specializes in classified listings or in any subset of classifieds
listings.
11.2 Military Uniform Exchange permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such
use is for noncommercial and/or news reporting purposes only (e.g., for
use in personal web blogs or personal online media). You may also create
a hyperlink to the home page of Military Uniform Exchange sites so long as the link does not
portray Military Uniform Exchange, its employees, or its affiliates in a false, misleading,
derogatory, or otherwise offensive matter.
11.3 Military Uniform Exchange offers various parts of the Service in RSS format so that
users can embed individual feeds into a personal website or blog, or
view postings through third party software news aggregators. Military Uniform Exchange
permits you to display, excerpt from, and link to the RSS feeds on your
personal website or personal web blog, provided that (a) your use of the
RSS feed is for personal, non-commercial purposes only, (b) each title
is correctly linked back to the original post on the Service and
redirects the user to the post when the user clicks on it, (c) you
provide, adjacent to the RSS feed, proper attribution to 'Military Uniform Exchange' as the
source, (d) your use or display does not suggest that Military Uniform Exchange promotes or
endorses any third party causes, ideas, web sites, products or services,
(e) you do not redistribute the RSS feed, and (f) your use does not
overburden Military Uniform Exchange's systems. Military Uniform Exchange reserves all rights in the content of
the RSS feeds and may terminate any RSS feed at any time.
11.4 Use of the Service beyond the scope of authorized access granted to
you by Military Uniform Exchange immediately terminates said permission or license. In order
to collect, aggregate, copy, duplicate, display or make derivative use
of the the Service or any Content made available via the Service for
other purposes (including commercial purposes) not stated herein, you
must first obtain a license from Military Uniform Exchange.
12.0 TERMINATION OF SERVICE
12.1 You agree that Military Uniform Exchange, in its sole discretion, has the right (but
not the obligation) to delete or deactivate your account, block your
email or IP address, or otherwise terminate your access to or use of the
Service (or any part thereof), immediately and without notice, and
remove and discard any Content within the Service, for any reason,
including, without limitation, if Military Uniform Exchange believes that you have acted
inconsistently with the letter or spirit of the TOU. Further, you agree
that Military Uniform Exchange shall not be liable to you or any third-party for any
termination of your access to the Service. Further, you agree not to
attempt to use the Service after said termination. Sections 2, 4, 6 and
11 -17 shall survive termination of the TOU.
13.0 PROPRIETARY RIGHTS
13.1 The Service is protected to the maximum extent permitted by
copyright laws and international treaties. Content displayed on or
through the Service is protected by copyright as a collective work
and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative
works from or redistribution of the site or the collective work, and/or
copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is
prohibited without the express written consent of Military Uniform Exchange. You further
agree not to reproduce, duplicate or copy Content from the Service
without the express written consent of Military Uniform Exchange, and agree to abide by any
and all copyright notices displayed on the Service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to
discover any source code contained in the Service. Without limiting the
foregoing, you agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any aspect of the Service. Military Uniform Exchange is
a registered mark in the US Patent and Trademark Office.
13.2 Although Military Uniform Exchange does not claim ownership of content that its users
post, by posting Content to any public area of the Service, you
automatically grant, and you represent and warrant that you have the
right to grant, to Military Uniform Exchange an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, and distribute
said Content and to prepare derivative works of, or incorporate into
other works, said Content, and to grant and authorize sublicenses
(through multiple tiers) of the foregoing. Furthermore, by posting
Content to any public area of the Service, you automatically grant Military Uniform Exchange
all rights necessary to prohibit any subsequent aggregation, display,
copying, duplication, reproduction, or exploitation of the Content on
the Service by any party for any purpose.
14.0 DISCLAIMER OF WARRANTIES
14.1 YOU AGREE THAT USE OF THE Military Uniform Exchange SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE Military Uniform Exchange SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS"
OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Military Uniform Exchange
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
ACCURACY, AND PERFORMANCE OF THE Military Uniform Exchange SITE AND THE SERVICE. TO THE
FULLEST EXTENT PERMITTED BY LAW, Military Uniform Exchange DISCLAIMS ANY WARRANTIES FOR
OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Military Uniform Exchange SITE
OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Military Uniform Exchange
SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Military Uniform Exchange DISCLAIMS ANY
WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH
THE Military Uniform Exchange SITE OR THE SERVICE. Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, some of the
foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
15.0 LIMITATIONS OF LIABILITY
15.1 UNDER NO CIRCUMSTANCES SHALL Military Uniform Exchange BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Military Uniform Exchange
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE Military Uniform Exchange SITE OR THE SERVICE, WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF THE Military Uniform Exchange SITE OR THE SERVICE, FROM
INABILITY TO USE THE Military Uniform Exchange SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Military Uniform Exchange SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE Military Uniform Exchange SITE OR THE SERVICE OR ANY LINKS
ON THE Military Uniform Exchange SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE
RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Military Uniform Exchange SITE OR THE
SERVICE OR ANY LINKS ON THE Military Uniform Exchange SITE. THESE LIMITATIONS SHALL APPLY TO
THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations
of liability are not permitted. In such jurisdictions, some of the
foregoing limitation may not apply to you.
16.0 INDEMNITY
16.1 You agree to indemnify and hold Military Uniform Exchange, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third
party due to or arising out of Content you submit, post or make
available through the Service, your use of the Service, your violation
of the TOU, your breach of any of the representations and warranties
herein, or your violation of any rights of another.
17.0 GENERAL INFORMATION
17.1 The TOU constitute the entire agreement between you and Military Uniform Exchange and
govern your use of the Service, superseding any prior agreements between
you and Military Uniform Exchange. The TOU and the relationship between you and Military Uniform Exchange shall
be governed by the laws of the State of Singapore without regard to its
conflict of law provisions. You and Military Uniform Exchange agree to submit to the
personal and exclusive jurisdiction of the courts located within the
county of Singapore. The failure of Military Uniform Exchange to exercise or enforce any
right or provision of the TOU shall not constitute a waiver of such
right or provision. If any provision of the TOU is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOU
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the TOU must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
18.0 VIOLATION OF TERMS AND LIQUIDATED DAMAGES
18.1 Please report any violations of the TOU, by flagging the posting(s)
for review, or by contacting Customer Support.
18.2 Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar
breaches.
18.3 You understand and agree that, because damages are often difficult
to quantify, if it becomes necessary for Military Uniform Exchange to pursue legal action to
enforce the TOU, you will be liable to pay Military Uniform Exchange the following amounts
as liquidated damages, which you accept as reasonable estimates of Military Uniform Exchanges' damages for the specified breaches of the TOU:
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If you post a message that (1) impersonates any person or entity;
(2) falsely states or otherwise misrepresents your affiliation with
a person or entity; or (3) that includes personal or identifying
information about another person without that person's explicit
consent, you agree to pay Military Uniform Exchange five hundred dollars (US$500) for
each such message. This provision does not apply to messages that
are lawful non-deceptive parodies of public figures.
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If Military Uniform Exchange establishes limits on the frequency with which you may
access the Service, or terminates your access to or use of the
Service, you agree to pay Military Uniform Exchange fifty dollars (US$50) for each
message posted in excess of such limits or for each day on which you
access Military Uniform Exchange in excess of such limits, whichever is higher.
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If you send unsolicited email advertisements to Military Uniform Exchange email
addresses or through Military Uniform Exchange computer systems, you agree to pay Military Uniform Exchange
ten dollars (US$10) for each such email.
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If you post Content in violation of the TOU, other than as described
above, you agree to pay Military Uniform Exchange one hundred dollars (US$100) for each
Item of Content posted. In its sole discretion, Military Uniform Exchange may elect to
issue a warning before assessing damages.
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If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you
agree to pay Military Uniform Exchange one hundred dollars (US$100) for each and every
Item of Content posted in violation of the TOU. A Posting Agent will
also be deemed an agent of the party engaging the Posting Agent to
access the Service (the "Principal"), and the Principal (by engaging
the Posting Agent in violation of the TOU) agrees to pay Military Uniform Exchange an
additional one hundred dollars (US$100) for each Item of Content
posted by the Posting Agent on behalf of the principal in violation
of the TOU.
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If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of the TOU without Military Uniform Exchange's express written permission, you
agree to pay Military Uniform Exchange three thousand dollars (US$3,000) for each day on
which you engage in such conduct.
Otherwise, you agree to pay Military Uniform Exchange's actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other
provision of the TOU, Military Uniform Exchange retains the right to seek the remedy of
specific performance of any term contained in the TOU, or a preliminary
or permanent injunction against the breach of any such term or in aid of
the exercise of any power granted in the TOU, or any combination
thereof.
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