Terms Of Use
ACCEPTANCE OF TERMS
The services that CJMiller Engineering provides to you are subject to
the
following Terms of Use ("TOU"). CJMiller Engineering reserves the
right to
update the TOU at any time without notice to you. The most current
version of the TOU can be reviewed by clicking on the "Terms of Use"
hypertext link located at the bottom of CJMiller Engineering's Web
pages.
DESCRIPTION OF SERVICES
Through its networks, CJMiller Engineering provides you with access to
a
variety of resources, including the CJMiller Engineering client and
server
services, CJMiller Engineering desktop software, download areas, and
product
information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new Web
properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and
non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information, software, products or services
obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and
use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS
WEB SITE.
Any software that is made available to download from the Services
("Software") is the copyrighted work of CJMiller Engineering and/or
its
suppliers. Use of the Software is governed by the terms of the End User
License Agreement ("EULA"), if any, which accompanies or is included
with the Software ("License Agreement"). An end user will be unable to
install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, CJMILLER ENGINEERING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NOTICES REGARDING DOCUMENTS, SOFTWARE, AND
SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL CJMILLER ENGINEERING AND/OR ITS RESPECTIVE SUPPLIERS
BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE,
DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION
AVAILABLE FROM THE SERVICES.
PAYMENT
You must have a valid major credit card (VISA®, MasterCard®, or
American Express®) to sign up for the CJMiller Engineering services.
You agree
to pay all charges to your account (including applicable state taxes
for California residents), in accordance with billing terms in effect
at the time the charge becomes payable. CJMiller Engineering reserves
the right
to change the charges for the CJMiller Engineering services upon prior
notice
to you. If payment cannot be charged to your credit card or your charge
is returned to CJMiller Engineering for any reason, CJMiller
Engineering reserves the
right to pursue any and all legal remedies to collect the amount owed
by you, to suspend or terminate your access to the CJMiller
Engineering
services and your account, and to terminate all obligations of CJ
Miller Engineering under these Terms of Use ("TOU").
DISCLAIMER OF WARRANTY
CJMILLER ENGINEERING AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND
SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY,
PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. Some States, Territories and Countries do not allow
certain warranty exclusions, so to that extent the above exclusion may
not apply to you.
DISCLAIMER OF LIABILITY
CJMILLER ENGINEERING AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND
SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND
OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND
OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT,
WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR
ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE
INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN
ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF CJMILLER
ENGINEERING
OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some States, Territories and Countries do not allow certain liability
exclusions or damages limitations, so to that extent the above may not
apply to you.
DISCLAIMER OF ENDORSEMENT
Reference to any products, services, processes, hypertext links to
third parties or other Data by trade name, trademark, manufacturer,
supplier or otherwise does not necessarily constitute or imply its
endorsement, sponsorship or recommendation by CJMiller Engineering or
its
licensors. Product and service information are the sole responsibility
of each individual vendor.
EXPORT CONTROL
You agree not to export from anywhere any part of CJMiller
Engineering's
products provided to you or any direct product thereof except in
compliance with, and with all licenses and approvals required under,
applicable export laws, rules and regulations.
INDEMNITY
You agree to indemnify, defend and hold CJMiller Engineering and its
licensors
(including their respective licensors, suppliers, assignees,
subsidiaries, affiliated companies, and the respective officers,
directors, employees, shareholders, agents and representatives of each
of them) free and harmless from and against any liability, loss, injury
(including injuries resulting in death), demand, action, cost, expense,
or claim of any kind or character, including but not limited to
attorney’s fees, arising out of or in connection with any use or
possession by you of any data and/or CJMiller Engineering's products.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between CJ
Miller Engineering (and its licensors, including their licensors and
suppliers)
and you pertaining to the subject matter hereof, and supersedes in
their entirety any and all written or oral agreements previously
existing between us with respect to such subject matter.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the
Services for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the Services in any manner
that could damage, disable, overburden, or impair any CJMiller
Engineering's
server, or the network(s) connected to any CJMiller Engineering
server, or
interfere with any other party's use and enjoyment of any Services. You
may not attempt to gain unauthorized access to any Services, other
accounts, computer systems or networks connected to any CJMiller
Engineering
server or to any of the Services, through hacking, password mining or
any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through the Services.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE CJMILLER ENGINEERING'S SITE.
THE
LINKED SITES ARE NOT UNDER THE CONTROL OF CJMILLER ENGINEERING AND CJ
MILLER ENGINEERING
IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK
CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CJ
MILLER ENGINEERING IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM
OF
TRANSMISSION RECEIVED FROM ANY LINKED SITE. CJMILLER ENGINEERING IS
PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY CJMILLER ENGINEERING OF THE SITE.