Conditions of Use Agreement
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Updated 7/14/2017
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE WEBSITE. BY USING THE WEBSITE, YOU WILL BE ACKNOWLEDGING THAT YOU HAVE READ THIS AGREEMENT AND AGREED WITHOUT LIMITATION OR QUALIFICATION, TO BE LEGALLY BOUND BY THIS AGREEMENT.
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IF YOU DO NOT WISH TO BE BOUND BY THESE CONDITIONS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.
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1. Acceptance of Conditions of Use; Modifications.
This Conditions of Use Agreement (“Agreement”) governs access and use to this website and any other website or app linking to this Agreement (the “Websites”). The Websites are owned and operated by Milestone Project Services LLC (“Milestone” or “we”). Milestone, together with its affiliated companies, maintains the Websites as a service to visitors. Milestone may, from time to time, make changes or additions to this Agreement, and your continued use of the Website after we make such changes or additions will signify that you agree to such changes or additions. You should therefore periodically visit this page to review the then current Conditions of Use.
2. Proprietary Rights.
Everything that appears on the Website is protected under the copyright laws of the United States and other countries and may not be used except as provided in this Agreement. You acknowledge that all text, hypertext, content, graphics, images, logos, audio and video clips, design, trade dress, organization, software, technology and other items related to our Website (individually and collectively “Material”) are the exclusive property of Milestone, its affiliates, or their suppliers. Milestone neither represents nor warrants that your use of materials displayed at the Website will not infringe rights of third parties.
3. Authorized Uses.
Milestone, authorizes you to use this Website and to privately display its content but solely for your own personal, noncommercial use. Any other use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any Material at the Website, use of the Website, or access to the Website.
4. Inaccuracies; Press Releases.
While Milestone uses reasonable efforts to include accurate and up to date information at the Website, Milestone makes no warranties or representations as to the Website’s accuracy. Milestone disclaims any and all liability for the accuracy, completeness, correctness, or currentness of such information. Furthermore, our website contains information and press releases about us. While our information was believed to be accurate as of the date released, we disclaim any duty or obligation to update our information or any press releases. Information about companies other than ours contained in a press release or otherwise should not be relied upon as being provided or endorsed by us.
5. Security.
While Milestone uses reasonable efforts to safeguard the security of the Website, there can be no guaranty that such safeguards will successfully prevent unauthorized alterations in the content or functionality of the Website. Milestone assumes no liability or responsibility for any unauthorized alterations in the content or functionality of the Website.
6. Disclaimer of Warranties.
Neither Milestone nor any other party involved in creating, producing, or delivering the Website makes any representations about the suitability of the content of this Website for any purpose, nor that your use of the Website will be uninterrupted or error-free. EVERYTHING ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
7. Children’s Online Privacy Protection.
Our Website is not intended for use by minors under 13 years of age and does not direct content to such minors. If you allow a minor to use our Website, you agree to monitor, and will be responsible for, all such use.
8. Limitation of Liabilities.
If you have a claim arising from or relating to your use of our Website, your sole remedy is to stop using the Website. Neither Milestone nor any other party involved in creating, producing, or delivering the Website assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from this Website. Your use of and browsing in the Website are at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE Website.. IN NO EVENT SHALL MILESTONE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
9. Content Submitted or Made Available for Inclusion at the Website.
Any communication or material that you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Any communication or material that you transmit or post may be used by Milestone or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting. Furthermore, Milestone will be free to use any ideas, concepts, know-how, or techniques contained in any unsolicited communication or material that you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Milestone assumes no liability for any interception of such transmissions; they are transmitted at the sole risk of the user. Users may not provide a false e-mail address or other personally identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content, their identity, or their education, background and job qualifications.
10. Images of People or Places.
Images of people or places displayed on the Website are either the property of, or used with permission by, Milestone. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
11. Trademark Information.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Website, are Trademarks of Milestone and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Milestone or such third party that may own the Trademarks displayed on the Website. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in this Agreement, is strictly prohibited. You are also advised that Milestone will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
12. Links.
Milestone has not reviewed all sites that may be linked to the Website and is not responsible for the content of any off-site pages or any other sites linked to the Website. Following links to any other off-site pages or other site is at your own risk.
13. Conduct of Website Visitors.
Although Milestone may from time to time monitor or review postings, transmissions, and the like on the Website, Milestone is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Milestone retains the right to remove any such posting and will fully cooperate with any law enforcement authorities or court order requesting or directing Milestone to disclose the identity of anyone posting any such information or materials.
14. Notices.
Milestone may give notice to its users by means of a general notice on this Website, electronic mail to a user’s e-mail address on its records, or by written communication sent by first class mail to a user’s address on its records.
15. International Use.
If you are accessing our website from outside of the United States, you do so on your own initiative, and you are responsible to ensure compliance with the laws of the United States (which include export control laws applicable to software) and the laws of your jurisdiction. None of the products or underlying information or technology available at this Website may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Milestone against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
16. Monitoring, Copying, Altering or Interfering With the Website.
You agree that you will not use any robot, spider, Web crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our Web Website without the prior expressed written permission of Milestone or the appropriate third party.
17. Dispute Resolution.
You agree that, in the event a dispute arises between Milestone and you, you will attempt, in good faith, to resolve such dispute in an amicable and equitable manner. However, if any dispute cannot be so resolved, then you agree that the matter will be decided as follows:
i. Arbitration of Privacy Issues. For any claims based on or arising from an alleged violation of privacy, the dispute shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Either of us may apply to the American Arbitration Association to institute the arbitration proceedings. The fees and expenses of the arbitrators will be shared equally by both parties. The arbitration will take place in New Orleans, Louisiana.
ii. Litigation in Courts of Non-Privacy Issues. For all other claims, the Parties to this Agreement consent to the personal jurisdiction and venue of the state and Federal courts in New Orleans, Louisiana.
18. Applicable Law and Location of Dispute Resolution
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Our Website is created and controlled by Milestone in the state of Louisiana, United States. The laws of the state of Louisiana will govern these Conditions of Use, without giving effect to any principles of conflicts of laws. All claims and proceedings arising in connection with these Conditions of Use shall be resolved in accordance with the Dispute Resolution clause above, and take place in New Orleans, Louisiana.
19. Privacy Statement
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When you use our Website, certain information may be collected in accordance with our Privacy Statement. By using our website, you signify your acceptance of the provisions of the Privacy Statement. A copy of the Website’s Privacy Statement is available here: www.milestone-ps.com/privacy
20. Severability
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If any provision of these Conditions of Use is deemed unlawful, void, or unenforceable by a court or tribunal of competition jurisdiction, the remaining provisions shall remain in full force.
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21. Entire Agreement
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This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to our Website. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
22. Contact Us
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If you have any questions about our Privacy Statement, our Conditions of Use, or our Website, you can contact info@milestone-ps.com or write or fax to:
Milestone Project Services LLC
Attn: Milestone Webmaster
1100 W. Causeway Approach
Mandeville, LA 70471
(fax) 985-626-4785