END USER LICENSE AGREEMENT AND TERMS & CONDITIONS

Application Terms of Use Agreement

Licensed to: United States Army (the "Licensee") Please read this Terms of Use agreement carefully before downloading and using applications by TRADOC Mobile. By downloading, accessing and/or using this mobile application owned by HQDA CIO/G6. You signify that you have read, understand and agree to be bound by all of the terms and conditions as set forth in this Terms of Use Agreement ("Agreement"), Privacy Policy. HQDA CIO/G6 may change the terms of the Agreement at any time and without notice, effective upon the posting of the revised Agreement. Your continued use of the Application shall be considered your acceptance of the revised Agreement. You must have the most current version of the Application to ensure that it is working properly. It is your responsibility to periodically check the Application at the corresponding application store (a.k.a. application marketplace), to determine if you have the most current version of the Application. The Application may contain links to third party websites that are not owned or controlled by HQDA CIO/G6 or the Licensee. HQDA CIO/G6 has no command or control over, and accepts no obligation & accountability for, the content, intellectual property, privacy policies, or practices of any third party websites. In addition, HQDA CIO/G6 will not and cannot censor or edit the content of any third-party site. By using the Application, you explicitly relieve HQDA CIO/G6 from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of all websites that you visit through this application. If you do not agree to this Agreement, please do not download or use the Application. 1. Confirmation of your age; Ability to Accept Terms of Use: You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. 2. Mobile Device Access: In order to download, install and use the Application, you will have to be logged in on your mobile device ("Device"). You may never use another user's device without permission. You are solely responsible for the activity that occurs on your device, and you must keep your device password secure. You must notify your security team (or Licensee) immediately of any breach of security or unauthorized use of your device. Although, HQDA CIO/G6 will not be liable for your losses caused by any unauthorized use of your device, you may be liable for the losses of HQDA CIO/G6 or the Licensee due to such unauthorized use. 3. No Warranties: The Application is provided subject to all of the terms set forth in the service level agreement (SLA) with the Licensee. HQDA CIO/G6 does not warrant that: (i) its Application will be constantly available, or available at all; (ii) that the information in this Application is complete, true, accurate, or (iii) your opt-out choices will be successfully executed in all cases. HQDA CIO/G6 does not warrant that the Application is free of defects or errors. 4. Use and Prohibited Use Restrictions: You may use the Application only for your own personal, non- commercial use. You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without HQDA CIO/G6's prior written consent. You agree not to use any automated data collection methods, data mining, robots, or scraping or any data gathering methods of any kind on this Application. During your use of the Application, you will comply with all applicable laws. HQDA CIO/G6 reserves the right to include or discontinue any feature and/or aspect of the Application at any time. 5. Limitations of Liability and Indemnification: The downloading and/or use of the application is entirely at your own risk and in no event shall pn automation be liable (whether under the law of contracts, torts or otherwise) for any direct, indirect, incidental, consequential, special, exemplary, punitive or any other monetary or other damages, fees, fines, penalties or liabilities (collectively "damages") whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our application, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our application, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our application by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the application, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Your sole and exclusive remedy for dissatisfaction with the application is to stop using the application. You agree to defend, indemnify and hold HQDA CIO/G6, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from your use of this application. The Application development life cycle is controlled and offered by HQDA CIO/G6 from its facilities in the United States of America. HQDA CIO/G6 makes no representations that the Application is appropriate or available for use in other locations. Those who access or use the Application from other jurisdictions do so at their own preference and are responsible for compliance with local law. 6. Unenforceable Provisions: If any provision of this Agreement is, or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement. 7. Ownership of Intellectual Property and Limited License: All intellectual property to this Application, including all Application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by HQDA CIO/G6, its suppliers or the Licensee to whom the Application has been licensed. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Application. All trademarks, service marks and trade names are owned, registered and/or licensed by HQDA CIO/G6. HQDA CIO/G6 grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Application to a mobile device; use this Application as herein set forth; copy and store this Application and the material on this Application on your mobile device's cache memory; and print pages from this Application for your own personal and non-commercial use. HQDA CIO/G6 does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by HQDA CIO/G6. 8. Enforcement of Copyright and Protection of Intellectual Property: If HQDA CIO/G6 discovers that you have used its copyrighted or other protected materials in contravention of the terms of the license above, HQDA CIO/G6 may bring legal proceedings against you seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of HQDA CIO/G6's copyright or protected materials that contravenes or may contravene the terms of the license above, immediately report this to HQDA CIO/G6 care of Legal Department. Our mailing address can be found on our web site https://www.army.mil/ciog6/ 9. Governing Law and Dispute Resolution: This Agreement shall be governed by and shall be construed in accordance with the laws of the State of HQDA CIO/G6, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located within the county of HQDA CIO/G6, in HQDA CIO/G6 State. The parties submit to personal jurisdiction within the State of HQDA CIO/G6. 10. Contact Information: HQDA CIO/G6 may be contacted by mail at our mailing address (Our mailing address can be found on our web site https://www.army.mil/ciog6. Our phone number is 1.866.335-ARMY.

Privacy Policy

YOU ARE ACCESSING A U.S. GOVERNMENT (USG) INFORMATION SYSTEM (IS) THAT IS PROVIDED FOR USG-AUTHORIZED USE ONLY. By using this IS (which includes any device attached to this IS), you consent to the following conditions: The USG routinely intercepts and monitors communications on this IS for purposes including, but not limited to, penetration testing, COMSEC monitoring, network operations and defense, personnel misconduct (PM), law enforcement (LE), and counterintelligence (CI) investigations. At any time, the USG may inspect and seize data stored on this IS. This IS includes security measures (e.g., authentication and access controls) to protect USG interests--not for your personal benefit or privacy. Notwithstanding the above, using this IS does not constitute consent to PM, LE or CI investigative searching or monitoring of the content of privileged communications, or work product, related to personal representation or services by attorneys, psychotherapists, or clergy, and their assistants. Such communications and work product are private and confidential. See User Agreement for details.

See also, Army Privacy Policy