Terms of Use

Effective Date: March 1, 2020

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY. YOUR USE OF THIS WEB SITE AS WELL AS ALL OTHER WEB SITES OWNED AND/OR OPERATED BY MILESTONES LABS, LLC (“SITE”) AND/OR THE SERVICES PROVIDED BY MILESTONES LABS, LLC THROUGH OR IN CONNECTION WITH THE SITE (“SERVICES”) IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS OF USE WITHOUT MODIFICATION.  IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE SITE AND/OR THE SERVICES.

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO JURY TRIAL CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH MILESTONES. PLEASE READ IT CAREFULLY.

The Site and the Services are provided by Milestones Labs, LLC (“Milestones”).

The Terms of Use apply to your access to, and use of, the Site and/or the Services, so please read them carefully.

We reserve the right to change or modify any of the Terms of Use, the Site, and/or the Services at any time. If we decide to change our Terms of Use, we will notify you by revising the date at the top of the Terms of Use. Your use of the Site and/or the Services following the posting of changes or modifications to the Terms of Use will constitute your acceptance of the revised Terms of Use. Therefore, you should review the Terms of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site and/or Services. If you do not agree to the amended terms, you must immediately stop using the Site and/or Services.

The Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us for services, products, or otherwise. Your access to, and use of, the Site may also be subject to any legal notices or additional terms and conditions applicable to the Site and/or Services, in addition to these Terms of Use, (“Additional Terms”). Where Additional Terms apply to the Services, the Additional Terms will be accessible for you to read through your use of the Services and/or provided separately. These Terms of Use, together with the Additional Terms, form a legally binding agreement between you and Milestones in relation to your use of the Site and/or Services. It is important that you take the time to read them carefully. If there is any contradiction between what the Additional Terms say and what these Terms of Use say with respect to the Services, then the Additional Terms shall take precedence in relation to that Service.

To use the Site and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Site and/or Services by the laws of the jurisdiction from which you access the Site and/or Services.

NO PROFESSIONAL ADVICE

All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. Milestones expressly disclaims, and you expressly release Milestones from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site and/or Services. You should consult with an appropriately trained and licensed specialist for all concerns that require medical, legal, financial, or other professional advice.

PRIVACY AND CONSENT TO COMMUNICATIONS

Your privacy is important to us, and we provide a Privacy Policy that sets out how we collect and use your personal information collected from the Site and in connection with your use of our Services. Please review our Privacy Policy to which you should refer to fully understand how we collect and use personal information.

USE OF SITE; LIMITED LICENSE

You are granted a limited, revocable, non-exclusive, nontransferable, non-sublicensable license to access and use the Site and all content, data, information, and materials included in the Site (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in these Terms of Use. You will not use the Site or any of the Site Materials other than for their intended purpose or in any way that is unlawful or harms Milestones. Any use of the Site or the Site Materials other than as specifically authorized herein is strictly prohibited and, without limiting other available remedies, will automatically and immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Milestones at any time.

NO UNAUTHORIZED ACCESS OF AND/OR USE OF THE SITE AND/OR SERVICES

The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Site and/or Services, and you agree not to do any of the following:

Using the Site for commercial purposes;

Conducting or promoting any illegal activities while using the Site or Services;

Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Site, our computer and/or telecommunication systems or data;

Interfering in any way with the proper functioning of the Site (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site;

Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service any of the Site’s content;

Engaging in the practices of “screen scraping,” “database scraping,” “data mining,” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Site or use web “bots” or similar data gathering or extraction methods for such purposes;

Attempting to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

Attempting to gain access to secured portions of the Site;

Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for Milestones to protect its computer and/or telecommunications systems;

Using the Site and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);

Using the Site and/or Services to stalk, harass, or harm another individual;

Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;

Uploading, distributing or printing anything that may be harmful to minors;

Mirroring or framing the Site, placing pop-up windows over its pages, or otherwise affecting the display of its pages; or

Engaging in any other action in any way that is unlawful or harms Milestones.

INTELLECTUAL PROPERTY OWNERSHIP

All trademarks, service marks, and trade names are proprietary to Milestones. All rights, title, and interests in and to the Site, including content, materials, trademarks, and other intellectual property contained in the Site, vest solely in Milestones. The Milestones name and any Milestones products and services, slogans, or logos referenced herein on the Site are either trademarks or registered trademarks of Milestones. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

ACCOUNT SECURITY

On certain portions of the Site, you will be provided with a password and user identification to use the Site. You must agree to abide by these Site Terms and are responsible for all activity under such user identification. You are responsible for maintaining the confidentiality and security of any password connected with your account.

HYPERLINKS TO EXTERNAL WEB SITES

The Site may provide links to external Web sites (“External Web Sites”). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, Milestones is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Site. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of External Web Sites.

When you leave the Site, you should be aware that our Terms of Use and our Privacy Policy do not apply to your use of External Web Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Web Sites to which you navigate from the Site. Your use of and dealings with the owners or operators of these External Web Sites are at your own risk, and you agree not to make any claim against Milestones arising out of your use of these External Web Sites.

THIRD PARTY PRODUCTS AND SERVICES

We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site (“Third Party Products and Services”).

We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.

Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party.

You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third Party Products and Services that you find on or through the Site.

PUBLIC AREAS AND SUBMISSIONS

If you use a “Public Area,” such as a forum, message board, or other community area that allows user posts, additional terms and conditions apply to you.

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding Milestones, the Site, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral submissions to Milestones, or postings on the Site (“Submissions”), are non-confidential. You grant us a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, disseminate, distribute, display, reproduce, post, and publish your Submission and any name, username, or likeness provided in connection with your Submission in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share your Submission on or through our Site or Services, you understand that your Submission and any associated information may be visible to others.

If you are an author of a Submission, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance, or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.

DISCLAIMER

THE SITE AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE MATERIALS IS AT YOUR SOLE RISK. MILESTONES AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES, AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITE AND/OR SERVICES. IN ADDITION, MILESTONES IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES). NO ORAL OR WRITTEN INFORMATION FROM MILESTONES OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. MILESTONES EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE MATERIALS ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, MILESTONES DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL MILESTONES BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MILESTONES OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITE AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITE AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MILESTONES OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE COMPLETE SITE EXCEED USD $50.00.   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

To the fullest extent permitted by applicable law You agree to indemnify and hold Milestones and the Associated Parties harmless from any claim or demand, including attorneys’ fees, arising out of your use of the Site and/or the Services or your violation of our Terms of Use, or the infringement by you of any intellectual property or other right of any person or entity.

TERMINATION

We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease.

CHANGES TO THE SITE AND/OR SERVICES

We reserve the right to change, modify, suspend, or cease providing the Site and/or Services (and therefore, your access to and use of) at any time without notice.

GOVERNING LAW AND FORUM SELECTION

Any dispute arising from the Site and your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of Texas. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts Texas and the United States, respectively, sitting in Travis County, Texas.

CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION, CLASS WAIVER, AND JURY TRIAL WAIVER

Please read the following important section carefully.

You waive your rights to a jury trial and to have any dispute arising out of or related to the Site or Services resolved in court. Instead, disputes relating in any way to the Site or Services must be submitted to binding arbitration administered by American Arbitration Association.

You and we agree that any dispute arising out of or related to the Site or our Services is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

You and we agree that for any arbitration you initiate, you will pay the filing fee. For any arbitration initiated by us, we will pay all fees and costs.

If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

GENERAL TERMS

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in effect. You may not assign the Terms of Use, or assign, transfer, or sublicense your rights, if any, in the Site. Except as expressly stated herein, the Terms of Use constitute the entire agreement between you and Milestones with respect to the Site.

See it in action

Get a demo, then test drive Milestones for your business

See it in action

Get a demo, then test drive Milestones for your business

See it in action

Get a demo, then test drive Milestones for your business