INTENDED
AUDIENCE/USE:
Miller Consulting provides this Web site to you, subject to
these Terms of Use. The Terms of Use may be updated by Miller Consulting
from time to time without notice to you. This Web site and
other Web sites that are linked to this site or affiliated
with this site (collectively "the Site") and all
the information, communications, software, scripting, photos,
text, video, graphics, music, sounds, images and other materials
and services found on the Site (collectively "Content"),
is intended for the lawful use of Miller Consulting's customers, employees
and members of the general public who are over the age of
13, and citizens of the United States or Canada. The Site
is controlled and operated in whole or in part by Miller Consulting from
its offices within the United States. Miller Consulting makes no representation
that these materials are appropriate or available for use
in other locations. Those who access the Site from other locations
do so at their own risk and are responsible for compliance
with applicable local laws. You acknowledge that Miller Consulting reserves
the right in its sole discretion to refuse or terminate access
to the Site by you at any time.
ACCEPTANCE
OF TERMS:
You acknowledge you have read, and agree to be bound by these
Terms of Use and to comply with all applicable laws and regulations,
including without limitation U.S. export and re-export control
laws and regulations regarding the transmission of technical
data exported from the United States or the country in which
you reside. You further agree to comply with all local laws,
regulations and rules regarding online conduct and acceptable
Content. You represent you have the legal authority to accept
these Terms of Use on behalf of yourself or any party you
represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT
USE THE SITE.
RESTRICTIONS
ON USE OF CONTENT:
© Copyright 2003 Miller Consulting, Inc. All Rights Reserved. THE
UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT
FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge
having been advised by Miller Consulting that the Content is protected
in the U.S. and internationally by a variety of laws, including
but not limited to, copyright laws and treaty provisions,
trademark laws, patent laws, and other proprietary rights
laws (collectively "Rights"). In addition to Miller Consulting's
Rights in individual elements of the Content, Miller Consulting or its
licensors own a copyright in the selection, coordination and
arrangement of the Content. You are hereby granted permission
to access the Content from the Site in whole or in part, solely
for your personal, non-commercial use of viewing and browsing
through the Site or ordering products or services from the
Site. This permission terminates automatically if you breach
any of the Web Site Terms of Use. If pursuant to an authorization
from Miller Consulting, you download software from the Site, the software,
including all code, files, images, contained in or generated
by the software, and accompanying data, are deemed to be licensed
to you by Miller Consulting. Neither title nor intellectual property
rights are transferred to you, but remain with Miller Consulting, who
owns full and complete title. You may not resell, decompile,
reverse engineer, disassemble, or otherwise convert the Software
to a perceivable form. Miller Consulting does not grant you any permission
to use the Content other than the permission expressly stated
in these Terms of Use. All other use of Content from the Site,
including, but not limited to uploading, downloading, modification,
publication, transmission, participation in the transfer or
sale of, copying, reproduction, republishing, creation of
derivative works from, distribution, performance, display,
incorporation into another web site, reproducing the Site
(whether by linking, framing or any other method), or in any
other way exploiting any of the Content, in whole or in part,
or downloading and using software repeatedly for uses other
than those expressly permitted may not be made without Miller Consulting's
prior express written consent.
TRADEMARKS
AND SERVICE MARKS:
There are a number of proprietary logos, service marks, trademarks,
slogans and product designations found on this Site. By making
them available on this Site, Miller Consulting is not granting you a
license to use them in any fashion. Access to this Site does
not confer upon you any license under any of Miller Consulting's or any
third party's intellectual property rights.
SUBMISSION
OF INFORMATION:
Miller Consulting does not guarantee the security of any information
transmitted to or from the Site. You understand and agree
to assume the security risk for any information you provide
using the Site.
Do not send any confidential or proprietary information to
Miller Consulting through the Site. For any Non-Confidential Information
you do send, you hereby grant Miller Consulting an unrestricted, royalty-free,
irrevocable license to use, reproduce, display, perform, modify,
transmit and distribute the Non-Confidential Information,
and agree that Miller Consulting is free to use any ideas, concepts,
know-how or techniques that you send Miller Consulting for any purpose
whatsoever without compensation to you or any other person
sending the Non-Confidential Information.
You are prohibited from posting or transmitting to or from
the Site any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic, or profane
material, or any other material that could give rise to any
civil or criminal liability under the law.
Miller Consulting
PRIVACY POLICY:
Miller Consulting's collection and use of personally identifiable information
about you is subject to our Privacy Policy. For more information,
see our full privacy policy for this site by clicking the
link at the bottom of the page. This site is intended for
use by persons over the age of 13. Miller Consulting does not seek to
collect information about children under the age of 13. No
information should be submitted to or posted on this Web site
by users under 13 years of age. Miller Consulting encourages parents
to take an active role in their children's use of the Internet,
and to inform them of the potential dangers of providing information
about themselves over the Internet.
PARTICIPATION
IN PROMOTIONS AND OTHER SITE ACTIVITIES:
If you choose to participate in a promotion or other Miller Consulting-sponsored
activity ("Website Activity"), you agree to comply
with any rules or regulations governing such Website Activity.
Additionally, as a condition of your continued participation
in the Website Activity, you agree not to: 1) upload, post,
email, transmit or otherwise make available any content that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
2) harm minors in any way; 3) impersonate any person or entity
or falsely state or otherwise misrepresent your affiliation
with a person or entity; 4) forge headers or otherwise manipulate
identifiers in order to disguise the origin of any Content
transmitted through the Website Activity; 5) upload, post,
email, transmit or otherwise make available any content that
you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned
or disclosed as part of employment relationships or under
nondisclosure agreements); 6) upload, post, email, transmit
or otherwise make available any content that infringes any
patent, trademark, trade secret, copyright or other proprietary
rights of any party; 7) upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or
any other form of solicitation; 8) 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; 9) interfere
with or disrupt the service or servers or networks connected
to the service, or disobey any requirements, procedures, policies
or regulations of networks connected to the service; 10) "stalk"
or otherwise harass another person or entity; or 11) collect
or store personal data about other users. You agree that violation
of any of the foregoing will result in your immediate disqualification
from participant in the Website Activity, and may result in
additional legal actions being taken by Miller Consulting.
LINKS
TO THIRD PARTY WEB SITES:
This Site may provide links to other third-party World Wide
Web sites or resources. Miller Consulting makes no representations whatsoever
about any other Web site which you may access through this
Site. Because Miller Consulting has no control over such sites and resources,
you acknowledge and agree that Miller Consulting is not responsible for
the availability of such external sites or resources and is
not responsible or liable for any Content, advertising, products,
services or other materials on or available from such sites
or resources. It is up to you to take precautions to ensure
that whatever you select for your use is free of such items
as viruses, worms, trojan horses and other items of a destructive
nature. References on this Site to any names, marks, products
or services of any third parties or hypertext links to third
party sites or information are provided solely as a convenience
to you, and do not constitute or imply an endorsement, sponsorship
or recommendation of, or affiliation with the third party
or its products and services. Miller Consulting makes no representation
or warranty as to any third party Content, products or services,
and you agree that Miller Consulting shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on
any such third-party Content, products or services available
on or through any such site or resource.
NOTICES:
Notices to you may be made via either email or regular mail.
Miller Consulting may also provide notices of changes to the Terms of
Use or other matters by displaying notices or links to notices
to you generally on the Site.
DISCLAIMER
OF WARRANTY:
Miller Consulting DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY,
OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE
RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES
LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT
OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT
TO APPLICABLE LAW, Miller Consulting DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM Miller Consulting SHALL BE DEEMED TO ALTER THIS DISCLAIMER
OF WARRANTY, OR TO CREATE ANY WARRANTY.
LIMITATION
OF LIABILITY:
Miller Consulting WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS
SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES
CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS,
DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF Miller Consulting HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, Miller Consulting'S
TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES
OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT,
TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS
CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO
ACCESS THIS SITE.
REVISIONS:
Miller Consulting may modify, suspend, withdraw or discontinue, temporarily
or permanently, the Content, in whole or in part, at any time
without notice. You agree that Miller Consulting shall not be liable
to you or to any third party for any modification, suspension,
withdrawal or discontinuance of the Content. Miller Consulting may at
any time revise these Web Site Terms of Use by updating this
posting. By using the Site, you agree to be bound by any such
revisions and you agree to periodically visit this page to
determine the then current Web Site Terms of Use to which
you are bound.
TERMINATION:
You agree that Miller Consulting, in its sole discretion, may terminate
or restrict your use or access to this Site (or any part thereof)
for any reason, including, without limitation, that Miller Consulting
believes you have violated or acted inconsistently with the
letter or spirit of these Terms of Service, or the terms,
conditions, or rules of a sweepstakes, contest, or other promotion
contained within the Site.
GENERAL
INFORMATION:
The Terms of Use constitute the entire agreement between you
and Miller Consulting and govern your use of the Site, superceding any
prior agreements between you and Miller Consulting relating to your use
of this site. You may also be subject to additional terms
and conditions that may apply when you use purchase products
or services, participate in a sweepstakes, contest or other
promotion, participate in a Miller Consulting-sponsored Developer Program
or service, or use or download software. If any provision
of these Web Site Terms of Use is held to be invalid by any
law, rule, order or regulation of any government or by the
final determination of any state or federal court, such invalidity
shall not affect the enforceability of any other provision
of the Terms of Use. The failure of Miller Consulting to exercise or
enforce any right or provision of the Terms of Use shall not
constitute a waiver of such right or provision. By accessing
the Site you agree that the statutes and laws of the united
states and the state of Illinois, USA without regard to conflicts
of laws principles, will apply to all matters relating to
use of the site, and you agree that any litigation shall be
subject to the exclusive jurisdiction of the state or federal
courts in Illinois, USA. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Site, or the Terms
of Use must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The section
titles in the Terms of Service are for convenience only and
have no legal or contractual effect.