Welcome to the MilesCity.com (referred to as "MilesCity.com",
"we", "us", or "our" herein) Web site (the "Site"). By accessing this
Site, you agree to be bound by the terms and conditions below (the
"Terms"). If you do not agree to all of the Terms, please do not use the
Site. MilesCity.com may from time to time modify or revise the Terms
by updating this Web page. Your use of our Site following any such
change constitutes your agreement to follow and be bound by the Terms as
changed. If any change is unacceptable to you, your only recourse is to
terminate your use of the Site.
1. OWNERSHIP RIGHTS: This web
site is owned and operated by MilesCity.com. (All Materials herein
are protected under United States and international copyright laws and
are the property of MilesCity.com or its third party licensors. All
rights reserved.) As used in these Terms, "Materials" includes, but is
not limited to, software, images, text, audio and all other information,
displayed, contained within, or accessible on the Site. No Materials may
be copied, reproduced, modified, displayed, republished, uploaded,
posted, transmitted, sold or distributed in any way, except that you may
download one copy of the Materials on any single computer for your
personal, non-commercial use only, provided that you maintain in such
copy all copyright and other proprietary rights notices contained in the
original Materials. No right, title or interest in any downloaded
Materials is transferred to you as a result of any such downloading or
copying. You agree not to assist others in any unauthorized
reproduction, modification, display or distribution of the Materials.
Unless expressly agreed to by MilesCity.com in writing, you may not
create derivative works based on the Site or Materials contained
therein, in whole or in part. The use of any Materials on any other Web
site or networked computer environment is prohibited.
2. IMAGES: All logos, page headers, images and graphics
displayed on this Site are service marks, trademarks, and/or trade dress
(collectively, "Marks") of MilesCity.com or its third party
licensors. Except as expressly permitted herein, using, copying,
transmitting, displaying, modifying or distributing any Marks in any
form or by any means without the express written permission of MilesCity.com
is prohibited and may violate the copyright, trademark, privacy
or other laws of the United States and/or other countries.
3. DOWNLOADABLE SOFTWARE: The use of any
MilesCity.com Software, or
the Software of third parties, downloaded from the Site shall be subject
to the terms and conditions of the license provided with the Software.
"Software" includes any files, images incorporated in or generated by
the software, and data accompanying the software. You may not download
any Software from this Site until you have read, and agreed to the terms
and conditions of the license provided with the Software. Without
limiting the generality of the terms contained in any such license, you
agree that you will not: (a) modify the Software (b) decompile, reverse
engineer, or disassemble the Software, (c) remove any copyright or other
proprietary rights notices from the Software; or (d) use the Software
for any commercial purpose, or any public display, performance, sale or
rental, except as expressly permitted by MilesCity.com in writing.
MilesCity.com retains all right, title and interest in and to the
Software, including all intellectual property rights therein. You
download Software at your own risk and assume complete and exclusive
responsibility for any and all losses, damages and liabilities that may
result from the use of Software downloaded from the Site.
4. USER COMMENTS: We appreciate your comments, remarks,
feedback, suggestions, ideas and other submissions you disclose or
transmit to us (collectively, "Comments"). You grant MilesCity.com
and its affiliates a perpetual, irrevocable, worldwide, royalty-free
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works of, distribute, publicly perform and publicly
display (in whole or in part) your Comments, your name and any related
copyrights, moral rights or other intellectual property rights.
5. USER FORUMS:
MilesCity.com may provide access to
certain discussion groups through this Site as a service to you.
Discussion groups, by their nature, may contain offensive, harmful,
deceptive, misleading, inaccurate or otherwise inappropriate material,
and you acknowledge and agree that MilesCity.com shall not have any
responsibility for the content of any discussion group, or materials or
articles contained therein, that may be accessed on or through this
Site. You understand that MilesCity.com acts as a passive conduit
for, and does not control, or attempt to control, any information, data,
text, software, music, sound, photographs, graphics, video, messages or
other materials, that you, or any other user of the Site, uploads, posts
or transmits to or through the Site (the "User Content").
MilesCity.com may, but is not obligated to, monitor or review the User
Content and retains the right to delete any User Content at any time.
You acknowledge and agree that you are solely responsible for any User
Content that you upload, post or transmit to or through the Site,
including, but not limited to, its legality, reliability, accuracy,
integrity, appropriateness and originality. In no event shall MilesCity.com
have any liability related to the User Content, whether arising
under the laws of copyright, libel, privacy, obscenity, or otherwise.
You represent and warrant to MilesCity.com that you will not upload,
post or otherwise transmit any User Content to or through the Site that
infringes, misappropriates or otherwise violates any copyright,
trademark or other intellectual property right, right of privacy, right
of publicity or any other right of any entity or person; or that is
unlawful, threatening, libelous, defamatory, obscene, scandalous,
inflammatory pornographic, or profane, or that could constitute or
encourage conduct that would be considered a criminal offense, give rise
to civil liability, or otherwise violate any law or MilesCity.com
rule or policy.
You grant MilesCity.com
and its affiliates a perpetual, irrevocable, worldwide, royalty-free,
non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, publicly perform and publicly display the User
Content you upload, post or transmit to the Site (in whole or in part)
and/or to incorporate it in other works in any form, media, or
technology now known or later developed. You also grant each user of
this Site the right to access, display, view, and reproduce such User
Content for personal use. You represent and warrant to MilesCity.com
that you have the right to grant the licenses stated above.
You acknowledge and agree that you may not upload, post, reproduce,
or distribute any User Content on or through this Site that is protected
by copyright or other proprietary right of a third party, without
obtaining permission of the owner of such right. Any copyrighted or
other proprietary content distributed with the consent of the owner must
contain the appropriate copyright or other proprietary rights notice.
The unauthorized submission or distribution of copyrighted or other
proprietary content is illegal and could subject you to personal
liability or criminal prosecution.
6. LINKS TO OTHER SITES: This Site may contain links to other
web sites ("Linked Sites") as a convenience to you. MilesCity.com
does not operate or control any information, products or services on the
Linked Sites, and neither endorses or approves any products, services or
information offered at Linked Sites. You acknowledge and agree that your
access or use of any Linked Site is at your own risk.
individuals who visit the Site or provide Comments to us. Our privacy
accepting these Terms, you expressly consent to the use and disclosure
8. INDEMNITY: You agree to defend, indemnify and hold
MilesCity.com, its affiliates and their officers, directors, agents and
employees harmless from and against any and all claims, losses, damages,
liabilities, costs and expenses, including attorneys' fees, arising from
or related to your (a) User Content, (b) use of the Site, or (c)
violation of any of these Terms.
9. WARRANTY DISCLAIMER: THE SITE AND ALL ELEMENTS THEREOF ARE
PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND. MILESCITY.COM EXPRESSLY DISCLAIMS ALL SUCH
REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. MILESCITY.COM DOES NOT
WARRANT (A) THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE,
UNINTERRUPTED, SECURE OR ERROR FREE, (B) THAT THE SITE WILL MEET YOUR
REQUIREMENTS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR (D) THAT
THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ALL INFORMATION ACCESSED ON OR THROUGH THIS
SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
10. LIMITATION OF LIABILITY: IN NO EVENT SHALL
MILESCITY.COM, ITS LICENSORS, OR ANYONE ELSE WHO HELPED CREATE, PRODUCE OR
DELIVER THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS OR LOST DATA) ARISING OUT OF OR RELATED TO THE USE OF OR
INABILITY TO USE THIS SITE, WHETHER IN AN ACTION UNDER CONTRACT, TORT OR
ANY OTHER LEGAL THEORY, EVEN IF MILESCITY.COM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. MILESCITY.COM'S TOTAL LIABILITY FOR
ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR USE OF THIS SITE
SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
11. JURISDICTION AND APPLICABLE LAWS: This site is
administered by MilesCity.com from its home offices in Billings, Montana,
USA. Unless otherwise specified, the Materials are presented
solely for the purpose of promoting MilesCity.com and its products
within the United States, its territories, possessions and
protectorates. MilesCity.com makes no representation or warranty
that the Software or the Materials are appropriate or available for use
in territories outside of the United States. Access, downloading or use
of such Software and Materials in territories where such Software or
Materials are illegal is prohibited. You agree to comply with all laws,
rules and regulations applicable to your downloading or use of the
Software and Materials available on or through this Site, including, but
not limited to, all United States export control laws, rules and
regulations. Without limiting the generality of the foregoing, no
Software or Materials may be downloaded or exported into (or to a
national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or
any other country to which the United States has embargoed goods; or
anyone on the United States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. MilesCity.com does not authorize the transfer, by any means,
of any Software, Materials or technical data from this Site to any
jurisdiction prohibited by the United States export laws. You may not
use, export or re-export the Software or Materials, or any copy or
adaptation thereof, in violation of any applicable laws or regulations,
including without limitation United States export laws and regulations.
If you choose to access this Site from outside the United States, you do
so on your own initiative and are solely responsible for any liability
arising there from. These Terms will be governed by and construed in
accordance with the laws of the State of Montana, without giving effect
to any principles of conflicts of laws. You and MilesCity.com each
agree to submit to the personal and exclusive jurisdiction of the courts
located within Yellowstone County, Montana, USA.
12. GOVERNMENT RESTRICTED RIGHTS: The software which may be
downloaded, acquired or accessed from this Site is a "commercial item,"
as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of
"commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (SEPT 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7201-1 through
227.7201-4 (JUNE 1995), the software is provided to U.S. Government end
users with only those rights as are granted to all other end users
pursuant to the terms and conditions set forth in MilesCity.com's
standard end user license agreement accompanying the software. Further,
to the extent that any "technical data," as that term is used in 48 C.F.R. 12.211, is provided in connection with any Materials or software
downloaded, acquired or accessed through the Site, the government shall
acquire only the technical data and the rights in that data customarily
provided to the public with a commercial item or process.
13. TERMINATION: You agree that
MilesCity.com, in its sole
discretion, may suspend or terminate its operation of the Site or your
use of the Site (or any portions thereof), and may remove and discard
any User Content, Software or Materials within the Site, for any reason.
In the event you fail to comply with the Terms, your right to use the
Site will automatically terminate. Upon any termination of the Site, or
your use of the Site, you agree to immediately and completely destroy
all copies of any Software or Materials downloaded from the Site. You
agree that MilesCity.com shall not be liable to you or any
third-party for any termination of the Site, your access to the Site or
any removal of any User Content from the Site.
14. GENERAL: These Terms constitute the entire agreement
between you and MilesCity.com and supersede and replace any prior
agreements, whether written or oral, between you and MilesCity.com
related to the subject matter herein. The failure of MilesCity.com
to exercise or enforce any right or provision of these Terms shall not
constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and all other
provisions of the Terms shall remain in full force and effect. You agree
that regardless of any statute or law to the contrary, you must file any
claim or cause of action arising out of or related to use of the Site or
otherwise arising out of or related to these Terms within one (1) year
after such claim or cause of action arose. The section titles in these
Terms are for convenience only and have no legal or contractual effect.
15. CONTACT MILESCITY.COM: For further
information on the Terms, the Site, or any other Web site owned and
operated by MilesCity.com, please contact MilesCity.com by using Contact Info,
a link which is available at the bottom of every page on the Site.
This site and the contents of this site, including but not limited
to, text, photographs, graphics, illustrations, video, sound, software
and other material (all such contents collectively referred to as
"Content") are protected under United States and international copyright
laws and are the property of MilesCity.com or its third party
licensors. All rights reserved. Except as expressly permitted herein,
copying, distributing, transmitting, displaying, modifying, or otherwise
using any Content in any form or by any means without the express
written permission of MilesCity.com is prohibited and may violate
the copyright laws of the United States and/or other countries. You may
view, copy, print, and distribute this Web site subject to the following
conditions: (a) the site may be used for informational purposes only;
(b) the site may only be used for non-commercial, non-profit purposes
and (c) any copy of this Web site, or portion thereof, must include the
following copyright notice: Copyright © MilesCity.com. All rights
Note that MilesCity.com
retains all right, title and interest in
and to all software, products, processes and technologies described or
made available on this Web site, and all intellectual property Rights
related thereto, and nothing shall be deemed to grant you any ownership
or other rights therein.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the United States Government is
subject to the restrictions set forth in DFARS 252.227-7013 (C)(1)(ii)
and FAR 52.227-19.