How You May Use Our Materials
You may download, use and copy the materials found on the T.R. Miller Web Site for your personal, non-commercial use only, provided that all copies that you make of the material must bear any copyright, trademark or other proprietary notice located on the site which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by T.R. Miller, its subsidiaries and/or any third party owner of such rights. You may NOT create framed links to the T.R. Miller Web Site without express written permission from T.R. Miller. For specific questions regarding the website or its contents, please contact firstname.lastname@example.org.
You are NOT authorized to use any T.R. Miller name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of T.R. Miller. Requests for authorization should be made to T.R. Miller, ATTN: Legal Department.
1. Copyrights and Trademarks.
Unless otherwise noted, you should assume that all designs, graphics, software, content, photographs, video clips, text and images, displayed on or downloaded from the Site (collectively, the "Materials") are either the copyrighted property of the Company, or are the copyrighted property of third parties and are used with permission. The Site as a whole is protected by copyright and trade dress of which all worldwide rights, titles and interests and in and to are owned by the Company.
This Site contains many of the valuable trademarks, names, titles, logos, images, designs, copyrights and other proprietary materials owned and registered by T.R. Miller and used by the Company and its subsidiaries throughout the world (the "Trademarks"). The Trademarks displayed on the Site are registered and unregistered Trademarks of T.R. Miller.
2. No License.
3. Non-Commercial Use Only.
This Site is for your personal shopping use only. You may download one single hard copy of Materials displayed on the Site for non-commercial, personal use only, provided however, you do not delete or change the copyright, trademark and other proprietary notices contained on the Materials. No right, title or interest in any downloaded Materials is transferred to you as a result of such downloading. You may not modify, alter, or change any Materials on the Site or distribute, publish, transmit, reuse, re-post, or use any Materials on the Site for any public or commercial purposes, including without limitation, any advertising or advertising revenue generation activity on your own site.
4. Unauthorized Use of Materials.
Unauthorized use of the Materials (including without limitation, the Trademarks) is strictly prohibited and is a violation of the rights of the Company and/or other third parties, including without limitation, under copyright laws, trademark laws, the laws of privacy and publicity. The Company neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with T.R. Miller. Notwithstanding and without limiting the foregoing, certain third party software that may be downloaded from the Site may be subject to the terms of any end-user license agreement that may accompany the download.
5. Product Information Relating to U.S. Only.
Materials and product information on the Site are subject to change without notice. Information regarding the Company products and services is applicable only in the United States (excluding its territories and possessions) unless otherwise noted. Some products and services mentioned may not be available in certain areas. The Company makes no representations that the Materials in this Site are appropriate or available for use in other countries aside from the United States. Those who do access this Site from other countries are solely responsible for compliance with local laws of that country.
6. Limitations of Liabilities.
Use of and browsing in the Site is done at user's own risk. Neither the Company nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access the Site, or downloading of any Materials, from the Site, including without limitation damage to, or viruses that may infect, your computer equipment or telecommunications equipment other property as a result thereof.
While the Company uses reasonable efforts to include accurate and up to date information and Materials in the Site, the Company makes no warranties or representations as to the accuracy, currency, correctness, completeness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including without limitation typographical errors and technical errors) in the content of the Site. You bear all risks of the completeness, accuracy or usefulness of any Materials found on the Site.
Without limiting the foregoing, all Materials on the Site 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. THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR THE ACCURATENESS, COMPLETENESS, RELIABILITY OR USEFULNESS OF MATERIALS DISCLOSED OR ACCESSED ON THE SITE. THE COMPANY DOES NOT WARRANT THAT THE MATERIALS ON THE SITE AND THE FUNCTIONS OF THE SITE ITSELF WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. 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.
8. User Comments and Feedback.
From time to time, the Company may ask that you transmit to the Site by electronic mail your feedback on its products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by the Company, (b) become the property of the Company, and the Company shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used for any purpose without restriction by the Company and its subsidiaries, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, the Company shall be under no obligation to respond to any such communication.
Notwithstanding the foregoing, the Company maintains a longstanding policy of not accepting or considering any creative ideas, suggestions or materials from the public ("Submissions"), and therefore, you should not make any Submissions to the Company in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of the Company and the Company shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, the Company shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. The Company shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission to any future operations, programs and/or services.
10. Third Party Sites.
From time to time, this Site may link to other sites not controlled, operated maintained by or related to the Company. Such hyperlinks are provided as a service to users and are not sponsored by, endorsed or otherwise affiliated with this Site or with the products and services of the Company. The Company may have not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or links to any other sites. Viewing all other sites is at your own risk. Those sites may collect data or solicit personal information from you. The Company is not responsible for the privacy policies of those sites, or the use of any information those sites may collect.
11. Chats, Discussions and Bulletin Boards.
In the event that the Company may, from time to time, allow for discussions, chats, postings, transmissions, bulletin board, and the like on the Site, the Company is under no obligation to monitor or review such transmitted information 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 of any such information. 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. The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials.
All offers set forth on the Site are for a limited time only, void where prohibited, and are subject to the posting of any official rules pertaining to such offers. In some instances, you must follow certain registration procedures as set forth on the Site to avail yourself of a particular offer.
14. Purchase Terms.
With regard to products available for purchase, the Company has made every effort to display the products and their colors as accurately as possible. The colors of products that you see will depend upon your monitor, and may vary from actual color. In some instances, weights and measures may be approximated. The Company is not responsible for typographical errors regarding price or any product descriptions. Some products displayed may be out of stock or discontinued. All products and prices are subject to change without notice. The prices displayed are in U.S. Dollars. Payment is only accepted in U.S. Dollars. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Sales tax, where applicable, will be automatically added to the order upon checkout. International orders may be accepted on a case-by-case basis as determined by the Company. In such instances, the purchaser is responsible for customs and import duties of the delivery country. Duties will vary by country.
15. Export Controls.
Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) 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 (ii) 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 or using the software, 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 acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of your use of the Site.
17. Entire Agreement.