The ArturMiller Website, www.ArturMiller.com, is an online information service with downloadable software, provided by ArturMiller, and subject to the terms and conditions set forth below.
BEFORE ACCESSING OR USING THE SERVICES OFFERED ON www.ArturMiller .com, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS WEBSITE TERMS OF SERVICE AGREEMENT. THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SITE AND ANY PROGRAMS, SERVICES, TOOLS, SOFTWARE, MATERIALS, OR OTHER INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (collectively, “the Site”). ArturMiller IS WILLING TO LICENSE AND ALLOW THE USE OF THIS SITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. BY USING THE SITE, YOU THEREFORE AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY. ArturMiller RESERVES THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE TO THE USER, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. Revised versions of the Terms and Conditions shall be indicated by the date posted at the top of the Website Terms of Service page (i.e., “Updated [Date]”).
1. PROPRIETARY RIGHTS. All intellectual property of or relating to the Site, including but not limited to content, information, patents, trademarks, copyrights, modules, techniques, know-how, computer code (including html code), algorithms, methods of doing business, user interfaces, graphic design, look and feel, and software; and all developments, derivatives, and improvements thereto, whether registered or not (collectively, “Intellectual Property”), unless otherwise indicated, are owned, controlled and licensed in their entirety by ArturMiller , its affiliates, its successors and assigns, and/or by third parties who have granted ArturMiller license to use such Intellectual Property. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service-marks of ArturMiller or their respective owners and are protected by law. Except as expressly provided herein, ArturMiller does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Any downloadable or printable software, programs, information or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by ArturMiller or third party licensors. The website name, ArturMiller , its logo, and all other names, logos and icons identifying the ArturMiller website and its services are proprietary trademarks of ArturMiller , and any use of such marks, such as domain names, without the express written permission of ArturMiller is strictly prohibited.
3. LICENSE RESTRICTIONS. The foregoing license is limited. YOU MAY NOT MODIFY, COPY, STORE, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, LICENSE, SUBLICENSE, DISPLAY, RENT, LEASE, SELL, COMMERCIALLY EXPLOIT, OR DISTRIBUTE, IN ANY MANNER, ANY DATA, INTELLECTUAL PROPERTY OR MATERIAL PROVIDED BY ArturMiller THROUGH THE SITE, IN ANY MANNER NOT EXPRESSLY PERMITTED BY THESE TERMS OF SERVICE. THE ABOVE RESTRICTION INCLUDES, BUT IS NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE. In addition, you may not modify, translate, decompile, create any derivative work(s) of, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, grant a security interest in, or otherwise use the Site in any manner not expressly permitted herein. Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, OR (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other Authorized User(s), any other systems or networks connected to the Site or its servers, to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate or prohibited means, OR (iii) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, OR (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the ArturMiller Site, OR (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, the system, networks, or any systems or networks connected thereto, OR (vi) use any device, software, or routine to interfere with the proper working of the Site or transaction conducted on the Site, or with any other person’s use of the Site, OR (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ArturMiller on or through the Site, OR (viii) use the Site to collect e-mail addresses or other contact or personal information, OR (ix) market, co-brand, private label, appropriate, use the ArturMiller name, or a name similar thereto on a different domain, separately distribute, resell, or otherwise permit third parties to access and use the Site, in whole or in part, without the express, separate and prior written permission of ArturMiller , OR (x) use the Site in any other unlawful manner or in a manner that could be perceived to damage, disparage, or otherwise negatively impact ArturMiller . Moreover, this license is only valid where ArturMiller is permitted to operate. Access to and use of this site in contravention of any laws or regulations, or where prohibited by law, is unauthorized and not permitted by ArturMiller .
4. THIRD PARTY INFORMATION/ PRODUCTS/ SERVICES/ LINKS TO OTHER SITES. The Site may contain information, data, links, promotional offers, or other content in any form, including financial information related to third parties. Such information is provided only for Your convenience and as a bonus service, and will not be considered financial advisement. In no case whatsoever shall ArturMiller be liable for such content or any damages or losses that result from reliance thereon. You understand that, except for information, products or services clearly identified as being supplied by ArturMiller , ArturMiller is not affiliated with, is not responsible for, and does not operate, control or endorse any information, products or services offered by third parties that are provided on the Site in any way. ArturMiller makes no representations whatsoever, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness or reliability of such third-party materials, programs, products displayed on this Site or which You may access through a link on this Site. Your correspondence or any other dealings with such third parties found on this Site are solely between you and such third party. Accordingly, ArturMiller EXPRESSLY DISCLAIMS RESPONSIBILITY FOR THE CONTENT, MATERIALS, ACCURACY, AND/OR QUALITY OF THE INFORMATION, PRODUCTS AND/OR SERVICES AVAILABLE THROUGH OR ADVERTISED ON THESE THIRD-PARTY WEBSITES.
5. DISCLAIMER – NO WARRANTIES. You understand and accept that ArturMiller cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints on your personal computer to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. YOU UNDERSTAND AND AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ArturMiller PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER. ArturMiller SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITH REGARD TO THE SITE OR ANY INFORMATION OR THIRD-PARTY INFORMATION OR LINKS PROVIDED THEREON, ArturMiller SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE. ArturMiller DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. ArturMiller HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
6. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE ArturMiller FROM ANY CLAIM OF HARM RESULTING FOR A CAUSE BEYOND ArturMiller ’ CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES FOR ANY REASON, SUCH AS MAINTENANCE, DENIAL OF SERVICE ATTACKS, TELEPHONE OR OTHER COMMUNICATION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, FORCE MAJEURE EVENT SUCH AS SEVERE WEATHER, EARTHQUAKES, NATURAL DISASTERS, STRIKES, LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTION OR ACTION. MOREOVER, IN NO EVENT WILL ArturMiller BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE’S SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF ArturMiller HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF ArturMiller FOR ANY REASON RELATED TO USE OF THE SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ArturMiller IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
7. INDEMNIFICATION. You agree to indemnify, defend and hold harmless ArturMiller its affiliates, and all of their respective officers, directors, employees, agents, licensors, attorneys, successors, and assigns from and against all claims, proceedings, injuries, liabilities, losses, damages, costs, and expenses, including reasonable attorneys’ fees and litigation expenses, relating to or arising from any breach or violation of this Agreement by You (including negligent or reckless conduct). Each of the above referenced individuals or entities reserves the right to assert and enforce these provisions directly against you, on their own behalf.
8. USER OBLIGATIONS. If you provide any false, inaccurate, untrue, or incomplete information, ArturMiller reserves the right to terminate immediately Your access to and use of the Site and any downloadable software. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site and its related services. In addition, You acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While ArturMiller has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any such communications cannot be guaranteed. Accordingly, ArturMiller is not responsible for the security, or any breach thereof, of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to Your use of the Site, including but not limited to obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site and its downloadable software, and maintaining or backing up any data.
9. USER NAME AND PASSWORD POLICY. Registration as an authorized user for access to certain areas of the Site may require both a user name and password. Only one authorized user can use one user name and password and account. Multiple accounts registered by the same individual or entity is not permitted and may result in one, some or all accounts being closed by ArturMiller . By using the Site, you agree to keep your user name and password as confidential information. You also agree not to use another authorized user’s account. Should you become aware of any loss or theft of your password or any unauthorized use of your name and password, you will immediately notify ArturMiller . ArturMiller cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. ArturMiller also reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
10. FEEDBACK AND SUBMISSIONS. You grant to ArturMiller team the right to use your name in connection with any materials freely submitted by You and any other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ArturMiller for any alleged or actual infringement or misappropriation of any proprietary right in your communications with the Site.
12. VOID WHERE PROHIBITED. Any offer for any product or service made on this Site is void where prohibited. Moreover, ArturMiller makes no representations regarding the legality of access to or use of the Site or its content in any country. Although the Site may be accessible worldwide, not all features, products or services provided or offered through or on the Site are appropriate or available for use in all countries. ArturMiller reserves the right to limit, in its discretion, the provision and quantity of any feature, product or service to any person or geographic area. If You access the Site from a jurisdiction where prohibited, You do so at your own risk and You are solely responsible for complying with all applicable local regulations.
13. NO ADVICE. You acknowledge that neither the Site or ArturMiller is providing, nor are they authorized to offer any legal, tax, accounting advice, or recommendation regarding suitability, profitability, investment strategy or other matter.
14. ENFORCING SITE SECURITY. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. ArturMiller reserves the right to view, monitor, and record activity on the Site without notice or permission from the User, including, without limitation, by archiving notices or communications sent by you through the Site. In addition, ArturMiller reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to the Site, or any portion thereof, in order to protect the Site or ArturMiller ’ business.
15. NOTICE OF SECURITY BREACH. In addition to the indemnification obligation stated in these Terms of Service, if you become aware of a breach or potential breach of security with respect to any personally identifiable information provided to or made available by ArturMiller , or any unauthorized hacking of the Site, you shall (i) immediately notify ArturMiller of such breach or potential breach, (ii) assist ArturMiller as reasonably necessary to prevent or rectify any such breach, and (iii) enable ArturMiller to comply with any applicable laws requiring the provision of notice of a security breach with respect to any impacted personally identifiable information.
16. TERM AND TERMINATION. These Terms of Service govern Your right to use the Site will take effect at the moment you access or use the Site and is effective until terminated, as set forth below. This Agreement may be terminated by ArturMiller without notice, at any time, and for any reason. In addition, ArturMiller reserves the right at any time and on reasonable grounds, such as any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these Terms, to deny your access to the Site, in whole or in part, in order to protect its name and goodwill, its business and/or other authorized users, or if you fail to comply with these Terms, subject to the survival rights of certain provisions identified below. Termination is effective without notice. You may also terminate this Agreement at any time by ceasing to use the Site, subject to the survival rights below. Upon termination, You must destroy all copies of any aspect of the Site that you have made and remove downloaded software from Your possession. The following provisions shall survive termination of the Website Terms of Service Agreement for any reason: Proprietary Rights (§1), Limited License Grant (§2), License Restrictions (§3), Third Party Information (§4), Disclaimer (§5), Limitation of Liability (§6), Indemnification (§7), Governing Law (§17), and Miscellaneous (§18).
17. GOVERNING LAW AND DISPUTE RESOLUTION. These Terms of Service and all disputes or claims arising out of or related thereto shall be governed by the laws of Cyprus, without applying conflict of law rules. Any cause of action or claim arising out of use of the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. Claimant and ArturMiller waive their rights to a jury trial and participation in class action litigation. All disputes arising out of or relating to these Terms of Service shall be resolved by binding arbitration, except that ArturMiller is not required to arbitrate any dispute regarding confidentiality, infringement, misappropriation, or misuse of any intellectual property right, or any other claim where interim relief from a court is sought to prevent serious and irreparable injury to ArturMiller or any other person or entity. You acknowledge that any breach, threatened or actual, could cause irreparable injury to ArturMiller that is not quantifiable in monetary damages. You agree that ArturMiller shall be entitled to seek and be awarded an injunction or other appropriate equitable relief to restrain any breach of Your obligations under these Terms. Accordingly, you waive any requirement that ArturMiller post any bond or other security in the event that any injunctive or equitable relief is sought by or awarded to ArturMiller to enforce any provision of these Terms.
19. SEVERABILITY. If any provision of these Terms of Service is ruled invalid or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein. Any invalid or unenforceable portion should be deemed amended in order to achieve as closely as possible the same effect as the Terms of Service as original drafted.