TERMS OF USE
Last Updated: February 28, 2025
Please Read Carefully
These TERMS OF USE (the “Terms of Use”) define the conditions under which Miller Construction Services, Inc. dba Scott Lawn Yard (hereinafter either “Miller”), makes its website (the “Website”) available to users, according to and under the following terms and conditions.
These Terms of Use constitute a legally binding agreement made by and between Miller and you, personally and, if applicable, on behalf of the entity for whom you are using the Website (hereinafter “User”). These Terms of Use govern your use of the Website, please read carefully.
BY ACCESSING OR USING ANY PART OF THE WEBSITE (INCLUDING LINKING TO THE WEBSITE AND ACCESSING OR DOWNLOADING ANY SOFTWARE OR APPLICATION), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING ANY RELATED PRIVACY POLICY. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY AT ANY TIME. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY FROM TIME TO TIME FOR POSSIBLE CHANGES. YOUR CONTINUED USE OF ANY MILLER WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS OF USE AND PRIVACY POLICY THAT MAY BE POSTED. WE WILL POST THE AMENDED TERMS OF USE ON THE WEBSITE AND INDICATE AT THE TOP OF THE PAGE THE DATE LAST REVISED, INCLUDING ANY REVISED PRIVACY POLICY.
1. DEFINITIONS.
The Website may contain two types of content. For purposes of these Terms of Use, (a) the “Website’s Own Content” means information entered into the Website by employees and authorized representatives of Miller and (b) “Other Content” means any other information entered into the Website by Users or other persons. All other defined or capitalized terms shall have the meanings ascribed to them elsewhere in these Terms of Use.
2. ACCESS TO THE WEBSITE.
You must comply with all of the terms and conditions of these Terms of Use, the policies referred to below, and all applicable laws, regulations, and rules when you use the Website. The Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. Persons using the Website to purchase products or services or utilizing resources on behalf of an employer must do so only with the authorization of their employer. Your access to the Website, sending us feedback, submitting comments or other posts, or other use of the Website will be deemed to be a representation that you are eight (18) years of age or older or otherwise are an entity that can form legally binding contracts under applicable law.
We use reasonable means to provide access to the Website. Miller will not be liable for any failure or deficiency in the performance of the Website, and any software provided through use of the Website, by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an internet outage, interruption of service, communication outage, failure by a service provider to Miller, fire, terrorism, natural disaster or war.
Miller grants Users who accept these Terms of Use the right to connect to its Website by means of the User’s computer, mobile, or other electronic device. The communication protocols used are those provided by the internet service provider. The rights of access to and use of the Website are nonexclusive and non-transferable.
MILLER MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY SPECIFIC LOCATION, INCLUDING LOCATIONS IN THE EUROPEAN UNION AND UNITED STATES. THOSE WHO ACCESS OR USE THE WEBSITE FROM JURISDICTIONS OUTSIDE OF THE UNITED STATES DO SO AT THEIR OWN RISK AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Except as expressly permitted in these Terms of Use, the Website may not be reproduced, transmitted, or distributed without Miller’s prior written permission. The User may not commingle any portion of the Website with any other information and shall not edit, modify, or alter any portion of the Website. All information entered into the Website by employees and authorized representatives of Miller (the “Website’s Own Content”) is either the property of Miller and its affiliates or is licensed to Miller. Miller and its licensors retain all proprietary rights to the Website’s Own Content. The User shall honor all reasonable requests by Miller or its affiliates to protect Miller’s and its licensors’ proprietary interests in the Website.
3. PROHIBITED CONDUCT; NONDISCLOSURE.
In using the Website, you agree that you will not: (i) use the Website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (ii) infringe any patent, trademark, trade secret, copyright, right of publicity, or other right of any party; (iii) defame, abuse, harass, or stalk any individual, or disrupt or interfere with the security or use of the Website or any websites linked to them; (iv) interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (v) attempt to use another User’s account, impersonate another person or entity, or misrepresent your affiliation with a person or entity, including without limitation, Miller or create or use a false identity; (vi) take or attempt any action that, in the sole discretion of Miller, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or its infrastructure; (vii) attempt to obtain unauthorized access to data, materials, information, computer systems, or networks connected to any server associated with the Website, through hacking, password mining, or any other means to the Website or portions thereof that are restricted from general access; (viii) engage, directly or indirectly, in transmission of “spam,” mass e-mailings, chain letters, junk mail, or any other type of unsolicited solicitation, whether electronic or otherwise; (ix) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content; (xi) use any meta tags or any other “hidden text” utilizing the Miller name, trademarks, or intellectual property; (xii) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Miller; (xiii) use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process, methodology, or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website, or any other information from the Website without prior express written consent of Miller; (xiv) interfere with, attempt to interfere with or otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to the Website, including accessing any data, content, or other information prior to the time that it is intended to be available to the public on the Website; (xv) disobey any requirements, procedures, policies, or regulations of networks connected to the Website; (xvi) engage in any activity that interferes with any third party’s ability to use or enjoy the Website; or (xvii) assist any third party in engaging in any activity prohibited by these Terms of Use.
You agree not to disclose or otherwise make Miller’s Proprietary Information (as defined below in Section 4) available to any person other than your employees, if applicable, required to have such knowledge in the normal course of your business, and who are authorized to access the Website, software downloaded or accessed through use of the Website, if applicable, and Proprietary Information hereunder. You expressly agree not to, directly or indirectly: (i) disclose, publish, transfer, distribute or disseminate, or cause or permit to be disclosed, published, transferred, distributed or disseminated, Proprietary Information to any third party; (ii) use Proprietary Information in any manner, as a basis for providing any product or service (a “Competitive Product or Service”) or otherwise, which competes with any products or services of Miller or its affiliates, or otherwise use Proprietary Information to compete with Miller or its affiliates; or (iii) use Proprietary Information to provide data or competitive information to any provider of any Competitive Product or Service or affiliate thereof.
4. INTELLECTUAL PROPERTY RIGHTS.
Except as provided herein, the Website and the contents of the website (including, but not limited to, data, information, design, text, graphics, illustrations, audio clips, video clips, other files, and the selection, arrangement, and organization thereof) (the “Website Information”) are owned by Miller, its licensors, or other entities and are protected by copyright and other intellectual property rights. All right, title, and interest in and to all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights in and to the Website Information (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the Website) and the structure, organization and code relating to the information or data accessed by you through your use of the Website or otherwise made available through your use of the Website and all other information or data supplied by Miller and/or its suppliers, products, free listings or website users and/or customers, including, without limitation, any and all information and data in machine readable form (collectively, “Data Information” and together with the Website Information, the “Proprietary Information”), are proprietary, confidential, and valuable trade secret information of Miller and/or its suppliers. Unauthorized use of the Proprietary Information is strictly prohibited.
The elements presented on the Website, including, without limitation, the Proprietary Information, are subject to modification without notice and are made available without any kind of guarantee, whether express or tacit, and cannot give rise to any rights to compensation. The information and images contained on the Website, including, without limitation, the Proprietary Information, are protected by copyright.
You may not post any third-party intellectual property on the Website without the express written permission of the applicable third party, except as otherwise permitted by law. Miller will retain ownership of its intellectual property rights, including rights in and to Proprietary Information, and you do not obtain any rights therein by virtue of these Terms of Use or otherwise, except as expressly set forth in these Terms of Use.
Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases posted by Miller on the Website are owned by or licensed by Miller, or to Miller by its licensors or other entities, unless otherwise expressly excluded. All page headers, custom graphics, button icons and scripts are trademarks, trade dress or copyrights of Miller. All other trademarks, trade names, copyrights and the like that appear on the Website are the property of their respective owners. You may not use any of these trademarks, trade dress, copyrights or trade names without express permission from the appropriate party.
5. THE USER’S CONTENT.
The Website may offer opportunities for you to post content in the form of text, pictures, drawings, plans or designs (“Posting”) that may be made available to the public. When you make a Posting to the Website or use any other services on the Website (“Website Features”), you will be subject to any additional guidelines or rules applicable to such Website Features. Any such additional guidelines or rules are hereby incorporated in these Terms of Use by reference. Miller reserves the right to change, suspend or discontinue any Website Features at any time, or to limit or restrict your access to certain Website Features at any time, without notice to you and in its sole discretion. If you submit any Posting or Other Content, you are acknowledging that any such Posting or Other Content (i) is not confidential or proprietary to you or any other person or entity, and does not create any confidential, fiduciary, contractually implied or other relationship between you and Miller or its agents and representatives other than as expressly set forth in these Terms of Use and (ii) may be used by Miller for any purpose, including for promotional or advertising purposes, in accordance with our Privacy Policy.
BY SUBMITTING A POSTING OR SUBMITTING OTHER CONSENT, YOU REPRESENT THAT YOU EITHER OWN THE RIGHTS TO THE POSTING, OR HAVE A LICENSE FROM THE OWNER THAT PERMITS YOU TO GRANT MILLER A PERPETUAL, WORLDWIDE, ROYALTY-FREE, NON-EXCLUSIVE, SUB-LICENSABLE AND IRREVOCABLE RIGHT AND LICENSE TO USE, COPY, REPRODUCE, PREPARE DERIVATIVE WORKS BASED UPON, DISTRIBUTE, PERFORM AND DISPLAY SUCH INFORMATION IN WHOLE OR IN PART, IN ANY FORM, MEDIA OR TECHNOLOGY KNOWN OR HEREAFTER DEVELOPED AS LONG AS SUCH USE IS CONSISTENT WITH OUR PRIVACY POLICY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT MILLER MAY DISCLOSE YOUR POSTINGS IN RESPONSE TO COURT ORDERS OR TO LAW ENFORCEMENT ENTITIES. MILLER SEPARATELY RESERVES THE RIGHT TO EDIT OR DELETE ANY POSTING OR OTHER CONTENT IN ITS SOLE DISCRETION YOU HEREBY IRREVOCABLY WAIVE ANY CLAIMS BASED ON MORAL RIGHTS OR SIMILAR THEORIES, IF ANY.
Users entering material into the Website are responsible for the content of that material. Miller has no responsibility for the Posting or Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Website. However, Miller retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete any Posting or Other Content which Miller deems to be illegal, offensive, in violation of these Terms of Use or otherwise inappropriate.
You are prohibited from submitting, inputting, distributing, uploading, posting, emailing, transmitting or otherwise making available any Posting or Other Content that: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, under any law or contractual or fiduciary relationships, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (viii) 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; (ix) is harmful to minors; or (x) constitutes or contains false or misleading statements of fact.
You understand that when using the Website, you will be exposed to Postings from a variety of sources, and that Miller is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Postings. You further understand and acknowledge that you may be exposed to Postings that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Miller with respect thereto. Miller is not responsible for any Postings to our Website. Miller may monitor and/or review any Posting, however Miller is not obligated to do so and Miller assumes no liability or obligation with respect to any Posting.
You acknowledge that any Posting may be used by any third party, and Miller assumes no liability for such use or disclosures. Without limiting the generality of the foregoing, in the event that you use Website Features to exchange information with third parties, you acknowledge that Miller does not control or guarantee the legality, authenticity, accuracy or quality of any information posted by a third party on our Website or the use by such third party of any such information. You are solely responsible for your interactions with other Users and any content that you post. Miller will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. Miller recommends that you use caution when exchanging information with any person that you interact with on the Website. Miller is not responsible for monitoring any exchange of information between you and any third party and you release Miller from claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with any exchange of information between you and any third party or any dispute you may have with any third party. MILLER RECOMMENDS THAT YOU DO NOT INCLUDE ANY PERSONALLY IDENTIFIABLE INFORMATION AS PART OF ANY POSTING.
You acknowledge that Miller does not pre-screen Postings, but that Miller and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit or disable, any Posting that is available via the Website. By way of example and without limiting the foregoing, Miller and its designees may edit or disable, or restrict access to or the availability of, any Posting or Other Content that (i) violates the terms of these Terms of Use; (ii) constitutes illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, offensive, objectionable, or otherwise inappropriate material; or (iii) is required to be reviewed, monitored, edited, or deleted by any court order, or in any governmental, administrative, or judicial proceeding. You must evaluate and bear all risks associated with the use of any Postings and Other Content, including any reliance on the accuracy, completeness, or usefulness of such Postings or Other Content and any costs associated with the same, such as data and messages rates of your provider that may apply. Miller assumes no liability for use of any Posting or Other Information by any third party. Subject to the terms of these Terms of Use, you may access Postings and Other Content solely (i) for your information and personal use and (ii) as intended through the normal functionality of the Website.
Postings are made available to you “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these Terms of Use, or elsewhere applicable.
Miller may remove content that in its sole discretion appears to infringe the intellectual property rights of others. Miller may suspend or terminate accounts of repeat offenders. If Miller removes or disables access to comply with the Digital Millennium Copyright Act (“DMCA”), we will make a good-faith attempt to contact the owner, author, or administrator of each affected account so that they may make a counter notification pursuant to section 512(g) the DMCA. If you believe that content residing on or accessible through our Website infringes a copyright you own or for which you are a designated agent, please send a written notice of infringement to Miller. Upon receiving a notification that complies with the DMCA, Miller will within a reasonable time remove or disable access to the content that is alleged to be infringing and will take reasonable steps to forward the written notification to the alleged infringer to notify the alleged infringer that Miller has removed or disabled access to the material. If you believe that your material has been removed improperly, you may notify Miller.
6. REGISTRATION.
You may create your own account on the Website by completing the online registration process. As part of the registration process, you must select a user name and password and provide Miller with accurate, complete, and updated information. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate termination of the User’s access. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into the Website’s account using an old e-mail address, you will not be able to receive messages from us. If you provide any information that is untrue, inaccurate, incomplete or not current, or Miller has grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Miller has the right to suspend or terminate any issued password and refuse any and all current or future use of the Website.
You must keep your password confidential and not disclose your password to any person other than your direct employees, as applicable, required to have such access to your password in the normal course of your business. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used or may have been used by any unauthorized person or entity.
7. MODIFICATION.
These Terms of Use, as the same may be modified by Miller, in its sole discretion, shall apply to any use of any of the Website. Miller may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without prior notice.
8. FEES & PAYMENTS.
From time to time, Miller makes available to its subscribers certain products, services and Website Features, or licenses certain software which is downloaded or accessed from the Website for which it charges a fee. Additional terms and conditions may apply, including without limitation, the terms and conditions of any other agreement between you and Miller, which terms and conditions are incorporated by reference into these Terms of Use. In addition, you may be required to register and meet certain eligibility requirements, including but not limited to providing certain information, including your name, email address and other required information, including bank or credit card information and authorizations, or other necessary items, subject to the approval of Miller. Miller, in its sole discretion, may charge fees for access to the Website. We may choose to temporarily change the fees for our services for promotional events (for example, free posting days) or new Website Features, and such changes are effective when we post the temporary promotional event or new Website Features on the Website or as we otherwise agree with you in writing. You are responsible for paying all fees and applicable taxes associated with the services in a timely manner with a valid payment method (“Payment Method”). If your Payment Method fails or is past due, we collect fees owed using other collection methods, including retaining collection agencies and legal counsel, and you agree to reimburse us for any fees and expenses associated with such collection methods, including without limitation, any legal fees and expenses.
REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION.
You represent, warrant and covenant to Miller that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) you are age 18 or over, able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of Miller or any third party in your use of the Website; and (v) you will comply with all applicable laws, rules and regulations in your use of the Website, including these Terms of Use.
YOU REPRESENT, WARRANT AND COVENANT TO MILLER THAT: (A) YOU ARE NOT, AND SHALL NOT BE DURING THE PERIOD OF YOUR USE OF THE WEBSITE, A SUPPLIER OF ANY COMPETITIVE PRODUCT OR SERVICE, NOR ARE YOU ACCESSING THE WEBSITE, SOFTWARE, AND/OR PROPRIETARY INFORMATION, DIRECTLY OR INDIRECTLY, FOR THE PURPOSE OF PROVIDING DATA OR COMPETITIVE INFORMATION TO A SUPPLIER OF ANY COMPETITIVE PRODUCT OR SERVICE OR ANY AFFILIATE THEREOF OR OTHERWISE COMPETING WITH MILLER OR ITS AFFILIATES; AND (B) YOU HAVE PROVIDED TRUE AND ACCURATE INFORMATION AS TO YOUR ACTUAL IDENTITY.
You agree to indemnify and hold Miller and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any and all damages, liabilities, losses, charges, costs or expenses (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) arising from, related to, or connected with your use of the Website, any software, and/or the Proprietary Information. If you are obligated to provide indemnification pursuant to this provision, Miller may, in its sole and absolute discretion, control the disposition of any third-party Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third-party Claim without the consent of Miller.
10. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, OTHER CONTENT, WEBSITE’S OWN CONTENT, AND ANY PROPRIETARY INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR PROPRIETARY INFORMATION TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. ANY CONTENT OR SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WITHOUT LIMITING THE FOREGOING PROVISIONS, MILLER MAKES NO WARRANTY THAT THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILLER DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, ALL WITH REGARD TO THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE, SOFTWARE DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. MILLER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY ADVERTISING AND MILLER WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Miller reserves the right to modify or correct the contents of its Website at any time, without notice. Miller shall not be liable in the event of contamination of your computer equipment as a result of virus propagation or other computer “infections.” You are responsible for taking all appropriate measures to protect your own data and software, including measures to protect your data and software from contamination by any viruses circulating via the Internet.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MILLER, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST TIME, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, USE INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, THE SOFTWARE, THE PROPRIETARY INFORMATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY MILLER, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, FORESEEN OR UNFORESEEN AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST MILLER OR ANY OF ITS THIRD-PARTY LICENSORS ARISING OUT OF RELATING TO THE USE OF THE WEBSITE SHALL NOT EXCEED $100.
11. JURISDICTION AND VENUE; LIMITATIONS ON ACTIONS.
THESE TERMS OF USE SHALL BE GOVERNED, CONSTRUED AND APPLIED IN ALL RESPECTS BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY PROVISION GOVERNING CONFLICTS OF LAW. ANY DISPUTES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE SHALL BE BROUGHT EXCLUSIVELY BEFORE THE FEDERAL OR STATE COURTS SERVING THE COUNTY OF ERIE, STATE OF NEW YORK. THE USE OF THE WEBSITE IMPLIES YOUR EXPRESS CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
12. WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS.
BY ENTERING INTO THESE TERMS OF USE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THESE TERMS OF USE OR YOUR USE OF THE WEBSITE MUST BE ASSERTED INDIVIDUALLY.
13. ENTIRE AGREEMENT; SEVERABILITY.
These Terms of Use, our Privacy Policy, and the provisions set forth in any contract, statement of work, order form, addenda or other underlying agreement which refers to or is attached to these Terms of Use, to the extent applicable, any member agreement, subscriber agreement additional terms and conditions related to Website Features, constitute the entire agreement between the parties with respect to the use of the Website, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such subject matter. If any provision of these Terms of Use is held to be unenforceable or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions shall be given full force and effect.
14. OTHER PROVISIONS.
Miller’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Miller may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
