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ARMY.CA TERMS AND CONDITIONS OF USE
JUNE 11, 2014
YOU MUST ACCEPT THESE TERMS TO CONTINUE
1. Acceptance of Terms
The following are terms of a legal agreement between You, Your employee's,
agents, affiliates and representatives (collectively "You" or "Your") and
Army.ca on behalf of all related sites (Milnet.ca, Navy.ca, Air-Force.ca, Miltech.ca, etc.),
their owner, agents and affiliates (collectively "Army.ca"). By accessing,
browsing and/or using the Services [as set out in section 5 of these Terms and
Conditions of Use] of this site, You acknowledge that You have read, understood
and agree to abide by and comply with all terms, conditions and notices
contained in or referenced by these Terms and Conditions of Use. For greater
clarity, even if You do not use the Services You acknowledge that You have read,
understood and agree with all terms, conditions and notices contained in or
referenced by these Terms and Conditions of Use while accessing or browsing the
site. You further agree to be governed by any additional terms and conditions
that may apply to You arising out Your accessing, browsing and/or using of this
site, whether contained on this site or in a separate agreement with Army.ca. In
the event of any conflict between these Terms and Conditions of Use and such
additional terms and conditions, these Terms and Conditions of Use shall govern.
Army.ca reserves the right, in its discretion, to update or revise these Terms
and Conditions of Use and to post such updated or revised Terms and Conditions
of Use on this site without notice to You. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS OF USE, PLEASE DO NOT VISIT, ACCESS, BROWSE OR OTHERWISE USE THIS
SITE. YOU ACKNOWLEDGE THAT IS YOUR OBLIGATION UNDER THESE TERMS AND CONDITIONS
OF USE TO CHECK THE TERMS AND CONDITIONS OF USE PERIODICALLY FOR CHANGES. YOU
FURTHER ACKNOWLEDGE THAT YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING
OF ANY CHANGES TO THE TERMS AND CONDITIONS OF USE CONSTITUTES ACCEPTANCE OF
From time to time, You may be requested to provide Army.ca with personal
3. Third Party Information and Links
This site may contain links to third party Web sites ("Linked Sites"), and may
incorporate information obtained from third parties ("Third Party Information").
The Linked Sites and Third Party Information are not under the control of
Army.ca, and Army.ca is not responsible for the contents of any Linked Site or
Third Party Information, including without limitation the accuracy, copyright
compliance, legality, decency, links or any other aspect of the Linked Sites or
the Third Part Information. Army.ca is not responsible for any form of
transmission received from any Linked Site nor is Army.ca responsible if the
Linked Site is not working appropriately. Army.ca provides such links and
information to You only as a convenience, and the inclusion of any link or Third
Party Information does not imply endorsement by Army.ca of the site or any
association with its operators. You are responsible for viewing and abiding by
Any dealings with third parties conducted through the site or Linked
Sites, including the delivery of and the payment for goods and Services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between You and the third party. Army.ca shall not be
responsible or liable for any part of any such dealings.
4. Your Use Obligations
In consideration of Your use of any Services provided on the site, You agree to:
(a) provide true, accurate, current and complete information about Yourself
where prompted by the site (such information being the "Personal Data") and (b)
maintain and promptly update the Personal Data to keep it true, accurate,
current and complete. If You provide any information that is untrue, inaccurate,
not current or incomplete, or Army.ca has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Army.ca has
the right to suspend or terminate any Services provided to You by Army.ca and
refuse any and all current or future use of Army.ca Services (or any portion
You are responsible for all activities undertaken by You
using any service provided by Army.ca , including, without limitation, access to
materials on the Internet (whether at a password protected site or not) and use
of email. All such activities are at Your own risk. You shall not use, nor
permit others to use, this site or any Army.ca Services provided through this
site in a manner or for a purpose contrary to these Terms and Conditions of Use.
In the event that You access other networks or computing resources, You agree to
abide by their respective usage policies. You are responsible for all activities
that occur under Your password or account, and will keep Your password(s)
confidential. You will immediately notify us of any unauthorized use of Your
password or account or any other breach of security. You will not disrupt the
functioning of the site, solicit another user's password, or otherwise act in a
way that interferes with other users' use of the site. Nor may You post or
distribute any computer program that damages, detrimentally interferes with,
surreptitiously intercepts, or expropriates any system, data, or personal
Services provided by Army.ca are not intended for use
by children. In the event that You, as a legal guardian, wish to allow Your
child to use this site and/or any Army.ca Services, You acknowledge that Your
child will have permission to access this entire site and any Army.ca Services,
including the Services set out in section 5. You further acknowledge that, as
the legal guardian, it is Your responsibility to determine whether use of the
Army.ca Services and/or content transmitted through the Army.ca Services is
appropriate for Your child.
Army.ca does not claim ownership of
the materials You provide to Army.ca in any way. However, by posting, uploading,
inputting, providing or submitting any such materials, You are granting Army.ca
and any necessary sublicensees permission to use Your submitted materials in
connection with the operation of its business, including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat Your submitted material; and to publish
Your name and any contact information You approve of in connection with Your
submitted material. No compensation will be paid with respect to the use by
Army.ca of Your submitted material, as provided herein. Army.ca is under no
obligation to post or use any material You may provide and Army.ca may remove
any such material at any time in its sole discretion and without notice to You.
By posting, uploading, inputting, providing or submitting Your material You
warrant and represent that You own or otherwise control all of the rights to
Your material as described in this section including, without limitation, all
the rights necessary for You to provide, post, upload, input or submit the
material. Notwithstanding the foregoing, any suggestions, improvements or
modifications to Army.ca products and Services ("Enhancements") made by You or
anyone acting on Your behalf, including Your employees, will be the property of
Army.ca without any further consideration to You, whether or not such
Enhancements are incorporated into Army.ca products Services.
5. Services and Prohibited Uses of Services
You may not use this site and/or Army.ca Services in any manner which could
damage, disable, overburden, or impair this site and/or any Army.ca Services (or
the network(s) connected to such site or Services) or interfere with any other
party's use and enjoyment of this site and/or Army.ca Services. You may not
attempt to gain unauthorized access to this site and/or any Army.ca Service,
other accounts, computer systems or networks connected to this site, through
hacking, password mining or any other means. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available to You through this site.
This site contains Services and/or other personal message or communication
facilities designed to enable You to communicate information to others
("Services"). You agree to use the Services only to post, send and receive
messages, to post thread comments and web content material that are proper and,
when applicable, related to the particular Service. By way of example, and not
as a limitation, You agree that when using a service, You will not:
- Use the Service in connection with Third party surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
- Falsely hold Yourself out as a current or former serving member of the
Canadian Armed Forces or the armed forces organized by the government of
- Upload, post, email, transmit or otherwise make available any material that
You do not have a right to make available under any law or under contractual or
fiduciary relationships (such as software protected by intellectual property
laws, inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
- Upload, post, email, transmit or otherwise make available
any material 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, including without
limitation, Trojan horses, worms, time bombs, cancelbots or corrupted files.
- Post, publish, modify, transmit, reproduce, or distribute in any way,
information, software or other materials or tools designed for compromising the
security of the Services, our network or telecommunication services.
- Advertise or offer to sell or buy any goods or services for any purpose
except as provided in the forums of the website or under a contract of
advertising with Army.ca.
- Download any file posted by another user of
a Service that You know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any email headers,
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of email, software or other material in order
to disguise the origin of such email, software or material.
or inhibit any other user from using and enjoying the Services, or create an
unusually large burden on the Services, such as by generating levels of traffic
sufficient to impede others' ability to send or retrieve information.
- Violate any code of conduct or other guidelines which may be applicable for
any particular Service as set out in the Directing Staff Regulations (the
"Directing Staff Regulations") of Army.ca.
- Harvest or otherwise
collect information about others, including e-mail addresses, without prior
written authorization from such owners of such information.
- Resell any
of the Services or use the Services other than for Your own personal purposes.
Without limiting the foregoing, You agree that You will not use the Services to
provide Internet access or any other feature of the Services to any third
- Violate any applicable laws or regulations.
- Impersonate any person or entity, or falsely state or otherwise misrepresent
Your affiliation with a person or entity, or create a false identity to mislead
- Violate the applicable laws and principles relating to
Operational Security, Communications Security and Personal Security as set out
in the National Defence Act, the Security of Information Act and any other
statute which, without limitation, deals with similar matters of information
Army.ca has no obligation to monitor the Services.
However, Army.ca reserves the right to review materials posted to or sent
through a Service and to remove any materials in its sole discretion. Army.ca
further reserves the right to terminate Your access to any or all of the
Services and this site at any time, without notice, for any reason
Army.ca reserves the right at all times to disclose any
information as Army.ca deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in Army.ca's sole
Always use caution when giving out any personally identifying information about
Yourself or Your children in any Service. Army.ca does not control or endorse
the content, messages or information found in any Service and, therefore,
Army.ca specifically disclaims any liability with regard to the Services and any
actions resulting from Your participation in any Service.
Materials uploaded to a Service may be subject to posted limitations on usage,
reproduction, dissemination or other requirements. You are responsible for
adhering to such limitations if You download the materials.
All information, data, text, software, music, sound, photographs, graphics,
video, messages, or other materials ("Content") posted to the Army.ca website by
any users are the sole responsibility of those users. Army.ca does not guarantee
the accuracy, copyright compliance, legality, integrity, quality, or decency of
such Content. You acknowledge that posting Your name, contact information, and
any personal information in any thread on the website places that information
into a public forum and You agree to save Army.ca from all harm and liability as
expressly set out these Terms and Conditions of Use.
6. Personal and Non-Commercial Use
Unless otherwise specified, the Services provided on this site are for Your
personal and non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services obtained from
7. International Use
As this web site may be accessed globally, if You choose to access this site
from locations other than Canada You do so on Your own initiative and You are
responsible for compliance with all applicable local use controls, laws and
regulations, including those relating to the transmission of technical data
exported from or imported to Canada or the country in which You reside.
Notwithstanding the foregoing, Army.ca makes no representation that materials on
this site are appropriate or available for use in locations outside of Canada
and accessing them from territories where their contents are illegal is
8. Use of Email and Personal Message Services
You agree that Army.ca may establish limits concerning use of any Services
(including personal message services) offered on this site, including without
limitation, the maximum number of days that personal messages will be retained
by the Service, the maximum number of personal messages that may be sent from or
received by an account on the Service, the maximum size of a personal message
that may be sent from or received by an account on the Service, the maximum disk
space that will be allotted on Army.ca servers on Your behalf, and the maximum
number of times and duration You may access the Service in a given period of
You agree that Army.ca has no responsibility or liability for the deletion,
corruption or failure to store any messages or other content maintained or
transmitted by the Service. You acknowledge that Army.ca reserves the right to
delete accounts without notice to You that are inactive for an extended period
ARMY.CA MAKES NO WARRANTY THAT ANY SERVICE WILL BE AVAILABLE, UNINTERRUPTED,
TIMELY, SECURE OR ERROR-FREE.
In addition to the terms and conditions set out herein, You agree that You: (a)
will not continue to send email of any nature to a recipient if recipient has
requested that You discontinue such communication; (b) will not forward or
propagate chain letters of any type (including charity requests or petitions for
signatures), whether or not the recipient wishes to receive such mailings; (c)
will not intentionally flood a user, server, account or site with large or
numerous email messages; and (d) will not forge header information.
Army.ca prohibits the use of accounts or network connections, to collect replies
of messages sent from any another provider that violates these terms and
conditions of use or those of the originating provider.
By making any purchase from Army.ca through this site, You agree to abide and be
bound by the terms and conditions of Army.ca Terms and Conditions of Purchase,
as applicable, along with any other terms and conditions that You agree to in
the course of making Your purchase. You further agree that You will not make any
purchase from this site without complying with all applicable laws and
regulations, and You warrant that You will not make any purchases through this
site where such purchase is prohibited by local laws. You acknowledge that all
purchases made by You through this site are for Your internal or personal use
only, and are not for resale or export.
11. Disclaimer of Warranties
ALL MATERIALS, INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT CONTAINED IN
THIS SITE, OR OBTAINED FROM A LINKED SITE IS PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
ARMY.CA HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON
THIS SITE; HOWEVER, ARMY.CA ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS
OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO
CIRCUMSTANCES WILL ARMY.CA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR
RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY INFORMATION PROVIDED,
AND USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU.
12. Limitation of Liability
YOU SPECIFICALLY AGREE THAT ARMY.CA SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT
OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
THIS SITE. YOU SPECIFICALLY AGREE THAT ARMY.CA IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ARMY.CA IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING THE SERVICES AND/OR INCLUDED IN THIS SITE BY ANY THIRD
IN NO EVENT SHALL ARMY.CA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, (INCLUDING WITHOUT
LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2)
COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA OR PROFITS, (4) DELAYS OR
BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY) ARISING OUT OF OR IN
CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SITE, WHETHER OR NOT
ARMY.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
You agree to defend, indemnify, and hold harmless Army.ca from all claims and
threatened claims, liabilities, damages of any kind including direct, indirect,
special, consequential, compensatory, aggravated and punitive damages,costs
and legal expenses (including attorney's fees), that arise from Your use or
misuse of this site, including without limitation content sent or posted by
You through the Services, Your connection to this site and/or Army.ca
Services, Your non-compliance with these terms and conditions of use, or
Your violation of any third-party rights. Army.ca reserves the right to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by You, in which event You will cooperate with Army.ca
in asserting any available defenses.
14. Content Submitted to Army.ca by You
By posting, uploading, inputting, providing or submitting any information or
material to this site to be used as web content, You consent to Army.ca
collection of such information, and You grant Army.ca permission to use such
submitted information in connection with the operation of this site, including,
without limitation, the worldwide, royalty-free rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat Your submitted information; and subject to Your written approval to
publish Your name and any contact information You in connection with Your
submitted information. Unless You expressly state otherwise, You warrant and
represent that You own or otherwise control all of the rights to any information
or material submitted by You to Army.ca through this site or otherwise,
including, without limitation, all the rights necessary for You to provide,
post, upload, input or submit Your submitted information. You expressly agree
not to remove the copyright statement from the work of any Third Party for any
information or material that You upload, input, provide or submit to the Army.ca
website. You further agree not to submit any copyright works in any material
form to Army.ca without the consent of the owner or as otherwise permitted under
the statutory and regulatory provisions of the Copyright Act, R.S.C. 1985 as
amended. No compensation will be paid with respect to the use of Your submitted
information. Army.ca is under no obligation to post or use any information You
may provide and Army.ca may remove any such information at any time in its sole
discretion without notice to You. For greater certainty, Army.ca does not claim
ownership to any information that You may provide to Army.ca, unless otherwise
expressed in a written agreement between You and Army.ca. Notwithstanding the
foregoing, any Enhancements made by You or anyone acting on Your behalf,
including Your employees, will be the property of Army.ca without any further
consideration to You, whether or not such Enhancements are incorporated into
Army.ca products and Services.
In the event that You submit personal information to Army.ca in confidence
through this site, You consent to the collection, processing, transmission and
disclosure of such information by Army.ca for the purposes of Army.ca internal
use and specifically the purposes set out on the web page requesting such
reasonable efforts to keep such personal information confidential, and shall not
disclose such personal information to any third party except: (a) in confidence
and to facilitate the provision of products and Services to You, (b) to the
extent required by law, or (c) in accordance with Army.ca's
15. Intellectual Property Rights
You agree that You do not acquire any intellectual property or other proprietary
rights, including patents, designs, trademarks, copyright or trade-secrets,
relating to the contents of this site, including without limitation, software
and information, except as otherwise expressly specified in an appropriate
license or other mutually agreed upon, written agreement that You may have with
Army.ca. Any grants not expressly granted herein are reserved.
Contents of this site are © 1993-2019 Army.ca unless
expressly stated otherwise. All rights reserved.
16. Modifications to Services Provided
Army.ca reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, any Services (including email Services)
provided through this site (or any part thereof) with or without notice, or in
accordance with the terms of Your separate written agreement with Army.ca . You
agree that Army.ca shall not be liable to You or to any third party for any
modification, suspension or discontinuance of such Services.
17. Violation of Terms and Conditions of Use and Termination
Where feasible (in Army.ca's sole discretion), Army.ca will advise You of any
inappropriate behaviour on Your part and any necessary corrective action.
However, if this site or any Army.ca Services are used in a way in which
Army.ca, in its sole discretion, deems to violate these terms and conditions of
use, Army.ca or its agent [the "Directing Staff"] acting reasonably may take any
responsible actions they deem appropriate. Such action may include, but is not
limited to, the procedures and consequences set out in the Directing Staff
Regulations, temporary or permanent removal of content, filtering of Internet
transmissions and the immediate suspension or termination of all or any portion
of the Services. You expressly acknowledge and agree that Army.ca shall not be
liable in any way for any such responsive actions. The above-described actions
are not Army.ca's exclusive remedies and Army.ca may take any other legal,
equitable or technical action it deems appropriate.
Army.ca reserves the right to investigate suspected violations of these terms
and conditions of use. You hereby authorize Army.ca to cooperate with (1) law
enforcement authorities in the investigation of suspected criminal violations
and (2) system administrators at Internet service providers, networks or
computing facilities in order to enforce these terms and conditions of use. Such
cooperation may include Army.ca providing the username, IP address, or other
identifying information about You. Upon termination of any account You may have
with Army.ca, You authorize Army.ca to delete any files, programs, data and
email messages associated with such account.
Notwithstanding the foregoing, Army.ca reserves the right, in its sole
discretion, to terminate Your access to this site and Army.ca Services or any
portion thereof, for any reason without notice.
You agree to the following:
- All demands, notices, communications and reports required under these Terms and
Conditions of Use, including any notice of infringement of Your copyright, shall
be in writing and shall be personally delivered or sent by reputable overnight
courier Services (delivery charges prepaid) to Army.ca at the address specified
P.O. Box 144
Port Williams, NS
Attention: Mike Bobbitt
e-mail: Army [at] Army.ca
- By visiting, accessing, browsing or otherwise using this site either by
Yourself or through Your employee, agent, affiliate or representative, You
acknowledge and expressly agree that it is Your responsibility to notify Army.ca
within 30 days of Your intention to initiate or otherwise commence legal
proceedings of any kind or nature directly concerning or involving the Army.ca
website as a party in such proceedings. You further agree that You will contact
Army.ca promptly upon Your discovery of any of the issues that may cause You to
initiate any such legal proceedings.
- You agree that prior to initiating or commencing any legal proceedings You
will first contact Army.ca for the purpose of facilitating a reasonable
settlement and that You will act reasonably in furtherance of any settlement
- You agree that should You fail to comply with any of the notice or
settlement provisions set out in this section, You will not attempt to hold
Army.ca liable in any court or other legal proceedings for any costs and damage
awards arising from Your breach of the notice and settlement provisions,
including without limitation any attorney's fees and damage awards of any kind
- The parties expressly agree that the time for the notice provisions set out
in subsection (b) above will be stayed during any period of time that settlement
discussions are ongoing.
Notwithstanding the provisions set out in this section, You acknowledge that
Army.ca may take the whatever steps deemed necessary to obtain relief from Your
breach of these Terms and Conditions of Use, including injunctive and other
19. General Provisions
This agreement is governed by the laws of the Province of Ontario, Canada,
without regard to conflict of laws provisions, and You agree to submit to the
exclusive jurisdiction of the courts located in the Province of Ontario, Canada.
The parties expressly agree that neither the United Nations Convention on
Contracts for the International Sale of Goods nor the Uniform Computer
Information Transactions Act shall apply to these terms and conditions of use or
to any contracts relating to goods or Services obtained through this site. No
joint venture, partnership, employment, or agency relationship exists between
You and Army.ca as a result of this agreement or use of this site and/or
Army.ca's Services. Performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
Army.ca's right to comply with governmental, court and law enforcement requests
or requirements relating to Your use of this site, Army.ca Services or
information provided to or gathered by Army.ca with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between You and Army.ca with respect
to this site and Army.ca Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between You
and Army.ca with respect to this site and Army.ca Services. A printed version of
this agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is
the express will of the parties that this agreement and all related documents
have been drawn up in English.
Sir George Prevost, commanding British forces in Canada, submits a progress report to the British government on the Lachine Canal project.
Texas - General Antonio Lopez de Santa Anna with several thousand Mexican troops starts siege of Alamo mission held by 145 Texans under Colonel Travis, Jim Bowie and Davy Crockett; siege ends March 6 with all the Texans killed.
Capetown South Africa - British troopship HMS Birkenhead sinks off South Africa, killing 420.
At Sultanpore in India, Lieutenant Innes of the Bengal Engineers rode ahead of the advancing British troops to drive the enemy away from an artillery piece. He then charged a second gun, which was being more resolutely manned and was well placed to maul the advancing troops. Innes killed a gunner and captured the gun, which he then defended until reinforcements arrived. He received the Victoria Cross, as did Major Gough, decorated for a series of actions over the previous months, culminating in a skirmish on 23 February when he saved the life of a fellow officer.
During the Boer War, a British colonel fell wounded in the open. Boer snipers kept his body under close watch, and drove back any attempts to reach him. The colonel himself sustained a further eight wounds. Private Curtis of the East Surrey Regiment nevertheless was determined to rescue him. After several aborted attempts, Curtis managed to reach the colonel, and proceeded to dress his wounds, all the time under constant fire. The colonel insisted that he be left, since the risks of carrying him were so high. Curtis ignored him, and managed to carry him back to the British lines, helped by another man who succeeded in coming to his aid. Curtis was awarded the Victoria Cross.
J. A. D. McCurdy flies the Bell designed Silver Dart at an altitude of about 10 metres for nearly one kilometre across Baddeck Bay; first airplane flight in Canada by a Canadian; first powered flight in British Empire.
As British forces once more advanced up the Tigris towards Kut in Mesopotamia, Major Wheeler led a small party of nine Gurkhas across the river and stormed an enemy position. The Turks reacted swiftly to this incursion, and dispatched a force well armed with grenades to retake the trench. The Gurkhas met them with a bayonet charge, during which Wheeler received a severe bayonet wound to the head. Nevertheless, he remained in command and consolidated his defences, having established through his initiative a valuable bridge-head on the enemy bank. He was awarded the Victoria Cross.
Japanese occupy China North of the Great Wall
Ellwood California - Japanese submarine fires on California oil refinery.
Captain Swales, South African Air Force, serving with 582 Squadron RAF, was appointed the Master Bomber to lead a raid on Pforzheim. As he circled the target, controlling the bombing runs, his Lancaster was twice attacked by German fighters. Swales chose not to take evasive action, since this would have interfered with his control of the raid. Two of the Lancaster's engines were knocked out, as well as the rear turret. Swales nevertheless continued to direct the bombing with great accuracy, and only turned for home once the raid was complete. On the way back, the badly damaged aircraft hit turbulent cloud over Belgium, and became uncontrollable. Swales ordered his crew to bail out, whilst he struggled to hold the aircraft steady. They all parachuted safely, but Swales had no opportunity to escape before the Lancaster crashed. He was awarded a posthumous Victoria Cross, Bomber Command's last such decoration.
Iwo Jima Japan - US Marines take Japanese island of Iwo Jima 1200 km south of Tokyo after severe fighting; a bronze statue in Arlington Cemetery showing troops raising the flag on the summit of the island is based on a famous photo.
Canadian troops with 27th British Commonwealth Infantry Brigade make first contact with enemy.
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