- General Use and Limitations on the General Use of the Website
- Website Content
The Website contains content and information created and owned exclusively by Milestone (the “Website Content”). The Website Content presented and made available to you is an accommodation to you. Milestone does not guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of any Website Content. You are responsible for confirming the sufficiency and reliability of any such information. The Website may contain links to other websites. Such other websites are not under the control of Milestone and Milestone is not responsible for such content.
- Content Ownership and Trademarks
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, logos, video and graphics. Milestone owns the copyright and all other intellectual property rights associated with such content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the trademarks, copyrighted material or any other Website Content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation or any other use of the Website Content is permitted without the express permission of Milestone. You acknowledge that you do not acquire any ownership rights, license rights, or any other rights to any Website Content.
- Information you give to Milestone
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER MILESTONE, ITS PRESENT OR FUTURE PARENT(S), SUBSIDIARIES, OR RELATED ENTITIES (COLLECTIVELY, THE “MILESTONE PARTIES”), NOR ANY OF THEIR RESPECTIVE OWNERS, OFFICERS, BOARD MEMBERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE.
(B) THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(C) MILESTONE IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN THE WEBSITE.
(D) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE MILESTONE PARTIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE (WHETHER DUE TO TECHNICAL FAILURES, INTENTIONAL DOWNTIME OR OTHERWISE), OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE MILESTONE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE MILESTONE PARTIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR ANY OTHER THIRD PARTIES. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(E) MILESTONE DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONAL INFORMATION. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO MILESTONE’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
- General Terms
This Agreement is governed by the laws of the State of Delaware, without respect to the conflicts of law provisions thereof. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Fairfax County, Virginia in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Milestone as a result of this Agreement, or the use of the Website. Failure of Milestone to exercise or enforce any right or provision herein is not a waiver of such right or provision. 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. This Agreement constitutes the entire agreement between you and Milestone with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Milestone with respect to the Website.
You agree to indemnify, defend and hold harmless the Milestone Parties from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your use of the Website or violation of this Agreement. Any rights not expressly granted herein are reserved by Milestone.