The following are terms of a legal agreement (“Agreement”) between you and MillBuzz.com (“The Site”). By accessing, browsing and/or using this web site (“Site”) you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that The Site may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
The Site makes no representations whatsoever about any other web site which you may access through this one. When you access a non-MillBuzz web site, please understand that it is independent from The Site, and that The Site has no control over the content on that web site, even if The Site provides information or services to the owner of that web site. In addition, a link to a non-MillBuzz web site does not mean that The Site endorses or accepts any responsibility for the content or the use of such web site. In fact, The Site disclaims all liability and responsibility for such content, and you shall hold The Site harmless for any all claims resulting from a third-party or non-MillBuzz web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
COPYRIGHTS AND USE OF SITE CONTENT
The copyright in all materials provided on this Site is held by The Site or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of The Site or the copyright owner. Permission is granted to download one copy of the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “mirror” any material contained on this Site without The Site’s express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of The Site or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
© 2018 MillBuzz
All rights reserved.
The trademarks, service marks, and logos (the “Trademarks”) used and displayed on
this Site are registered and unregistered Trademarks of The Site. Other trademarks,
service marks and trade names may be owned by others. Nothing on this Site should be
construed as granting, by implication, estoppel or otherwise, any license or right to use
any Trademark or any other The Site intellectual property displayed on this Site. The Site aggressively enforces its intellectual property rights to the fullest extent of the law. The name The Site and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from The Site. The Site also prohibits use of The Site and any other Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by The Site in writing.
You acknowledge and agree that The Site shall own and have the unrestricted right to
use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submissions”). You hereby . waive any and all claims against The Site for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual
property rights in connection with The Site’s use and publication of such Submissions.
This means that anything submitted by you to this Site will be owned by The Site and
may be used by The Site for any purpose, now or in the future, without any payment to,
or further authorization by, you. In the event The Site’s ownership of such Submissions
is successfully contested, you automatically grant The Site a perpetual, royalty-free,
non-exclusive, sublicensable, unrestricted, worldwide and irrevocable right and license
to use, reproduce, modify, publish, translate, prepare derivative works based upon,
distribute, perform or display such Submissions, in whole or in part, in any form, media
or technology known or hereafter developed for any purpose, including, but not limited
to, advertising and promotional purposes. The Site does not represent or endorse the
accuracy or reliability of any Submissions displayed, uploaded, posted on any message
board, or otherwise distributed through this Site by any user of this Site, information
provider or any other third party. The Site expressly disclaims any and all liability related
to Submissions, and you acknowledge that any reliance upon such Submissions shall
be at your sole option, liability and risk. You covenant that you shall not post or
otherwise publish on the Site any materials that: (i) are threatening, libelous,
defamatory, or obscene; (ii) would constitute, or that encourage conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii)
infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain
a computer virus or other destructive element; (v) contain advertising; or (vi) constitute
or contain false or misleading statements. The Site in its sole discretion reserves the
right to refuse to post and the right to remove any information or Submission from this
Site, in whole or in part, for any reason.
ACCESS TO THIS SITE
The Site may alter, suspend or discontinue this Site and your access to use this Site at
any time for any reason without notice or liability to you or any third-party. This Site may
become unavailable due to maintenance or malfunction of computer equipment or for
other reasons and may result in damages to the user’s systems or operations. The user
shall be solely responsible for ensuring that any information or content obtained from
this Site does not contain any virus or other computer software code or subroutine
designed to disable, erase, impair or otherwise damage the user’s systems, software or
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, THE SITE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD-PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD-PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD-PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD-PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH
RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE
WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT),
ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD-PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY. THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINER AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SITE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SITE’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless The Site and all of its predecessors,
successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors,
employees, agents, representatives and attorneys and their respective heirs,
successors and assigns (collectively, the “Indemnified Parties”) from and against any
and all liability and costs, including, without limitation, reasonable attorneys’ fees,
incurred by the Indemnified Parties in connection with any claim arising out of or relating
to any breach by you of this Agreement or the representations, warranties, and
covenants you have made by agreeing to the terms of this Agreement. You shall
cooperate as fully as reasonably required in the defense of any such claim. The Site
reserves the right, at its own expense, to assume the exclusive defense and control of
any matter subject to indemnification by you.
ENFORCEMENT OF TERMS AND CONDITIONS
This Agreement is governed and interpreted pursuant to the laws of the Commonwealth
of Virginia, United States of America, notwithstanding any principles of conflicts of law.
You expressly agree that exclusive jurisdiction resides in the courts of the Commonwealth of Virginia. You further agree and expressly consent to the exercise of personal jurisdiction in the Commonwealth of Virginia in connection with any dispute or claim involving The Site. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
INFRINGEMENT NOTICES AND TAKEDOWN
The Site prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify The Site of your copyright infringement claim in accordance with the following procedure. The Site will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s
Designated Agent who is:
© 2018 MillBuzz
All rights reserved.
To be effective, the notification must be in writing and contain the following information
(DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate the
4. Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
This Agreement constitutes the entire agreement between you and The Site with
respect to the subject matter of this Agreement and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding that subject
matter. Any waiver of any provision of this Agreement will be effective only if in writing
and signed by The Site.
By email: hello@MillBuzz.com