Terms of Service for Miller Industrial Properties
Updated: August 19, 2003.
Welcome to MillerIndustrialProperties.com! We have developed
these Terms of Service to govern your use of MillerIndustrialProperties.com.
Your use of our site tells us you have read and agreed to
these Terms of Service, and our Privacy Policy. Please read
them carefully. This Terms of Service is a binding contract
regarding your use of MillerIndustrialProperties.com. If
you do not agree with any of these terms, please exit our
Web site immediately. Copyright
All information, content, services and software displayed
on, transmitted through, or used in connection with MillerIndustrialProperties.com,
including for example news articles, reviews, directories,
guides, text, photographs, images, illustrations, audio
clips, video, html, source and object code, trademarks,
logos, and the like (collectively, the "Content"),
as well as its selection and arrangement, is owned by Miller
Industrial Properties, and its affiliated companies, licensors
and suppliers. You may use the Content online only, and
solely for your personal, non-commercial use, and you may
download or print a single copy of any portion of the Content
solely for your personal, non-commercial use, provided you
do not remove any trademark, copyright or other notice from
such Content. If you operate a Web site and wish to link
to MillerIndustrialProperties.com, you may do so provided
you agree to cease such link upon request from MillerIndustrialProperties.com.
No other use is permitted without prior written permission
of MillerIndustrialProperties.com. The permitted use described
in this Paragraph is contingent on your compliance at all
times with these Terms of Service.
You may not, for example, republish any
portion of the Content on any Internet, Intranet or extranet
site or incorporate the Content in any database, compilation,
archive or cache. You may not distribute any Content to
others, whether or not for payment or other consideration,
and you may not modify, copy, frame, cache, reproduce, sell,
publish, transmit, display or otherwise use any portion
of the Content. You agree not to decompile, reverse engineer
or disassemble any software or other products or processes
accessible through MillerIndustrialProperties.com, not to
insert any code or product or manipulate the content of
MillerIndustrialProperties.com in any way that affects the
user's experience, and not to use any data mining, data
gathering or extraction method.
Requests to use Content for any purpose
other than as permitted in these Terms
of Service should be directed to tom@MillerIndustrialProperties.com.
In certain cases, you may be able to obtain a license to
use individual stories that appear on MillerIndustrialProperties.com
through online functionality we have specifically designated
(e.g., to e-mail a story to a friend or to purchase the
rights to reproduce a story for other use). In such cases,
we will tell you directly in the portion of the Content
you may license or you will see a link in the Content itself.
If you do not see such authorization or link, you should
assume no third party has the right to allow you to use
the Content.
Copyright Complaints
MillerIndustrialProperties.com respects the intellectual
property of others. If you believe your work has been copied
in a way that constitutes copyright infringement or are
aware of any infringing material on MillerIndustrialProperties.com,
please contact us.
Membership and Registration
If you become a Member or regular user of MillerIndustrialProperties.com,
you accept responsibility for all activities that occur
under your account or password, and agree not to sell, transfer
or assign your Membership or any Membership rights. You
are responsible for maintaining the confidentiality of your
password and for restricting access to your computer so
others may not access MillerIndustrialProperties.com using
your name in whole or in part. MillerIndustrialProperties.com
reserves the right to terminate Membership and deny access
to the site to any person who violates this Terms of Service.
User-Provided Information and Content
By providing information to, communicating with, and/or
placing material on, MillerIndustrialProperties.com, including
for example communication during registration, communication
on any MillerIndustrialProperties.com bulletin board, message
or chat area, posting any resume or other content, placing
any classified advertisement, entering any sweepstakes,
etc., you represent and warrant: (1) you own or otherwise
have all necessary rights to the content you provide and
the rights to use it as provided in this Terms of Service;
(2) all information you provide is true, accurate, current
and complete, and does not violate these Terms of Service;
and, (3) the content will not cause injury to any person
or entity. Using a name other than your own legal name is
prohibited (except in those specific areas of MillerIndustrialProperties.com
that specifically ask for unique, fictitious names, e.g.,
certain message boards and chat rooms).
For all such information and material, you
grant Miller Industrial Properties, its affiliates and related
entities, a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, copy, modify, display, archive,
store, distribute, reproduce and create derivative works
from such information, in any form, media, software or technology
of any kind now existing or developed in the future. Without
limiting the generality of the previous sentence, you authorize
Miller Industrial Properties to share the information across
all affiliated Web sites, to include the information in
a searchable format accessible by users of MillerIndustrialProperties.com
and other Miller Industrial Properties parent company Web
sites, and to use your name and any other information in
connection with its use of the material you provide. You
also grant Miller Industrial Properties the right to use
any material, information, ideas, concepts, know-how or
techniques contained in any communication you send to us
for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using such
information. All rights in this paragraph are granted without
the need for additional compensation of any sort to you.
Please note that MillerIndustrialProperties.com
does not accept unsolicited materials or ideas for use or
publication, and is not responsible for the similarity of
any of its content or programming in any media to materials
or ideas transmitted to MillerIndustrialProperties.com.
Should you send any unsolicited materials or ideas, you
do so with the understanding that no additional consideration
of any sort will be provided to you, and that you are waiving
any claim against MillerIndustrialProperties.com and its
affiliates regarding the use of such materials and ideas,
even if material or an idea is used that is substantially
similar to the idea you sent.
Other Specifics About Interactive Areas
(Message Boards, Chat Areas, etc.)
MillerIndustrialProperties.com bulletin boards, chat rooms
and other such interactive areas are provided to give users
an interesting and stimulating forum to express their opinions
and share ideas and information. Given the nature of MillerIndustrialProperties.com
and the volume of messages and postings, MillerIndustrialProperties.com
cannot and does not monitor all of the material posted or
transmitted by users and third party information providers.
To protect your safety, please use your best judgment when
using these forums. We particularly discourage divulging
personal phone numbers and addresses or other information
that can be used to identify or locate you. If you make
such disclosures either through postings on the bulletin
boards, chat rooms and other interactive areas, or to third
parties in any communication, you do so fully understanding
the consequences of such disclosures and with a knowing
consent that such information could be used to identify
you. MillerIndustrialProperties.com reserves the right to
delete, move or edit any communications at any time, for
any reason or in its discretion, but has no obligation to
review or remove any such content.
Posting Rules
Interactive areas, discussion boards, chat rooms, etc.,
are intended to encourage public debate. We expect people
to differ - judgment and opinion are subjective things -
and we encourage freedom of speech and a marketplace of
ideas. But by using these areas of MillerIndustrialProperties.com,
you are participating in a community that is intended for
all our users. Therefore, we reserve the right to remove
any content posted on our site at any time for any reason.
Decisions as to whether content violates any Posting Rule
will be made by MillerIndustrialProperties.com in its discretion
after we have actual notice of such posting. Without limiting
our right to remove content, we have attempted to provide
guidelines to those posting content on our site. When using
MillerIndustrialProperties.com, please do not post material
that:
- contains vulgar, profane, abusive, racist
or hateful language or expressions, epithets or slurs,
text, photographs or illustrations in poor taste, inflammatory
attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging,
grossly inflammatory, false, misleading, fraudulent, inaccurate,
unfair, contains gross exaggeration or unsubstantiated
claims, violates the privacy rights of any third party,
is unreasonably harmful or offensive to any individual
or community.
- violates any right of MillerIndustrialProperties.com
or any third party.
- discriminates on the grounds of race,
religion, national origin, gender, age, marital status,
sexual orientation or disability, or refers to such matters
in any manner prohibited by law.
- violates or inappropriately encourages
the violation of any municipal, state, federal or international
law, rule, regulation or ordinance.
- unfairly interferes with any third party's
uninterrupted use of MillerIndustrialProperties.com.
- advertises, promotes or offers to trade
any goods or services, except in areas specifically designated
for such purpose.
- uploads copyrighted or other proprietary
material of any kind on MillerIndustrialProperties.com
without the express permission of the owner of that material.
- uses or attempt to use another's account,
password, service or system except as expressly permitted
by the Terms of Service.
- uploads or transmits viruses or other
harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise
harms or violates the security of MillerIndustrialProperties.com,
or any services, system resources, accounts, passwords,
servers or networks connected to or accessible through
MillerIndustrialProperties.com or affiliated or linked
sites.
- "flames" any individual or
entity (e.g., sends repeated messages related to another
user and/or makes derogatory or offensive comments about
another individual), or repeats prior posting of the same
message under multiple threads or subjects.
WARNING: A VIOLATION OF THE
FOREGOING GUIDELINES/PROHIBITIONS MAY BE REFERRED TO LAW
ENFORCEMENT AUTHORITIES.
Communications with Third Parties Through
MillerIndustrialProperties.com.
Your dealings or communications through MillerIndustrialProperties.com
with any party other than MillerIndustrialProperties.com
are solely between you and that third party. Under no circumstances
will MillerIndustrialProperties.com be liable for any goods,
services, resources or content available through such third
party dealings or communications, or for any harm related
thereto. Please review carefully that third party's policies
and practices and make sure you are comfortable with them
before you engage in any transaction. Complaints, concerns
or questions relating to materials provided by third parties
should be forwarded directly to the third party.
General Disclaimer and Limitation of
Liability:
While MillerIndustrialProperties.com uses reasonable efforts
to include accurate and up-to-date information, we make
no warranties or representations as to the accuracy of the
Content and assume no liability or responsibility for any
error or omission in the Content. MillerIndustrialProperties.com
does not represent or warrant that use of any Content will
not infringe rights of third parties. MillerIndustrialProperties.com
has no responsibility for actions of third parties or for
content provided or posted by others.
USE OF MILLERINDUSTRIALPROPERTIES.COM IS
AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS"
AND "AS AVAILABLE." NEITHER XTREME DESKTOP SYSTEMS
INCORPORATED, MILLERINDUSTRIALPROPERTIES.COM, NOR ANY OF
THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES
ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING MILLERINDUSTRIALPROPERTIES.COM,
THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS
OR SERVICES AVAILABLE ON OR THROUGH MILLERINDUSTRIALPROPERTIES.COM,
AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF MILLERINDUSTRIALPROPERTIES.COM
OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST
INFRINGEMENT, AND WARRANTIES MILLERINDUSTRIALPROPERTIES.COM
WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. MILLERINDUSTRIALPROPERTIES.COM
AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT
POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR
FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY.
MILLERINDUSTRIALPROPERTIES.COM CONTAINS
FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF
THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. MILLERINDUSTRIALPROPERTIES.COM
DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS
OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER
INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE
MILLERINDUSTRIALPROPERTIES.COM. ANY RELIANCE UPON ANY SUCH
OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE
RISK.
IN NO EVENT SHALL MILLERINDUSTRIALPROPERTIES.COM
OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS
OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT
LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR
ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MILLERINDUSTRIALPROPERTIES.COM
OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS
OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES
IN EXCESS OF $100.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, MILLERINDUSTRIALPROPERTIES.COM
AND XTREME DESKTOP SYSTEMS INCORPORATED, EACH OF THEIR PARENT
AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS,
SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM
ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS
FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL
PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS'
FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION
REGARDING: (1) YOUR USE OF MILLERINDUSTRIALPROPERTIES.COM;
(2) MILLERINDUSTRIALPROPERTIES.COM'S USE OF ANY CONTENT
OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT
WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED
OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF
NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT
BY YOU.
International Users
MillerIndustrialProperties.com is controlled, operated and
administered by Miller Industrial Properties from its offices
within the United States. MillerIndustrialProperties.com
makes no representation that materials or Content available
through MillerIndustrialProperties.com are appropriate or
available for use outside the United States and access to
them from territories where their contents are illegal is
prohibited. You may not use MillerIndustrialProperties.com
or export the Content in violation of U.S. export laws and
regulations. If you access MillerIndustrialProperties.com
from a location outside the United States, you are responsible
for compliance with all applicable laws.
Miscellaneous:
MillerIndustrialProperties.com reserves the right to change
these Terms of Service at any time in its discretion and
to notify users of any such changes solely by changing this
Terms of Service. Your continued use of MillerIndustrialProperties.com
after the posting of any amended Terms of Service shall
constitute your agreement to be bound by any such changes.
Your use of this site prior to the time this Terms of Service
was posted will be governed according to the Terms of Service
that applied at the time of your use.
Miller Industrial Properties may modify,
suspend, discontinue or restrict the use of any portion
of MillerIndustrialProperties.com, including the availability
of any portion of the Content at any time, without notice
or liability. Miller Industrial Properties may deny access
to any person or user at any time for any reason. In addition,
Miller Industrial Properties (or MillerIndustrialProperties.com)
may at any time transfer its rights and obligations under
this Agreement to any Kingdom Ventures affiliate, subsidiary
or business unit, or any of their affiliated companies or
divisions, or any entity that acquires Miller Industrial
Properties, MillerIndustrialProperties.com or any of their
assets.
These Terms of Service will be governed
by and construed in accordance with the laws of the State
of Nevada, without regard to its conflicts of law provisions.
You hereby agree that any cause of action you may have with
respect to MillerIndustrialProperties.com must be filed
in a federal or state court located in Carson City, Nevada,
within two months of the time in which the events giving
rise to such claim began, or you agree to waive such claim.
If for any reason any provision of this Agreement is found
unenforceable, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties
as reflected in that provision, and the remainder of the
Agreement shall continue in full force and effect. Any failure
of MillerIndustrialProperties.com to enforce or exercise
any provision of this Agreement or related right shall not
constitute a waiver of that right or provision. The section
titles used in this Agreement are purely for convenience
and carry with them no legal or contractual effect. In the
event of termination of this Agreement for any reason, you
agree the following provisions will survive: the provisions
regarding limitations on your use of Content, the license(s)
you have granted to MillerIndustrialProperties.com, and
all other provisions for which survival is equitable or
appropriate.
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