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TERMS
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Welcome to MileMarkerDiscounts.
We sincerely hope that you
will enjoy your experience with MileMarkerDiscounts.
The following Terms & Conditions are necessary to
allow MileMarkerDiscounts to provide our valued users
with the best possible experience and are intended to:
- Outline the Code of
Conduct for all members of the service
- Protect users from
those few individuals who act in an inappropriate
or fraudulent manner
- Maintain the
integrity of the data collected and accuracy of
results
- Clarify the terms
regarding payment and billing
You
expressly understand and agree that MileMarkerDiscounts
and our affiliates shall not be liable for any direct,
indirect, incidental, special, consequential, exemplary
or punitive damages, or any other damages whatsoever,
including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses
(even if we have been advised of the possibility of such
damages), arising out of, or resulting from, (a) the use
or the inability to use this website (including, without
limitation, the fee-based products); (b) the use of any
content or other material (including, without
limitation, the fee-based products) on this website or
any website or websites linked to this website, (c) the
cost of procurement of substitute goods and services
resulting from any goods, data, information or services
purchased or obtained or messages received or
transactions entered into through or from this website
(including, without limitation, the fee-based products);
(d) unauthorized access to or alteration of your
transmissions or data; (e) statements or conduct of any
third party on our website (including, without
limitation, the fee-based products); or (f) any other
matter relating to this website. In no event shall our
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
the amount paid by you, if any, for accessing this
website. If you are dissatisfied with any portion of our
website, or with any of provision of this agreement,
your sole and exclusive remedy is the discontinuation of
your use of this website.
Indemnity.
You agree to indemnify and hold MileMarkerDiscounts, its
subsidiaries, affiliates, officers, agents, and other
partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable
attorney's fees, made by any third party due to or
arising out of your use of the Service in violation of
this Agreement and/or arising from a breach of these
Terms & Conditions and/or any breach of your
representations and warranties set forth above.
All
questions relating to this website's validity,
interpretations, performance and enforcement, including
the Terms & Conditions, shall be governed by and
construed in accordance with the laws of the State of
Florida. Any action relating to this website's validity,
interpretations, performance and enforcement, including
the Terms & Conditions, must be brought in the
federal or state courts located in Palm Beach County,
FL, and you irrevocably consent to the jurisdiction of
such courts. Our failure to enforce your strict
performance of any provision of these Terms &
Conditions will not constitute a waiver of our right to
subsequently enforce such provision or any other
provision of this policy. Any waiver, amendment or other
modification of any provision of these Terms &
Conditions will be effective only if in writing and
signed by an authorized representative of
MileMarkerDiscounts.
MileMarkerDiscounts
will not be responsible or liable to you for any delay
or failure to perform under these Terms & Conditions
if such delay or failure results from fire, explosion,
labor dispute, earthquake, casualty or accident, lack or
failure of transportation facilities and/or services,
lack or failure of telecommunications facilities and/or
services including Internet services, epidemic, flood,
drought, or by reason of war, civil commotion, blockade
or embargo, act of God, any inability to obtain any
requisite license, permit or authorization, or by reason
of any law, proclamation, regulation, ordinance, demand
or requirement of any government or by reason of any
other cause whatsoever, whether similar or dissimilar to
those enumerated, beyond the reasonable control of
MileMarkerDiscounts.
Content
And information Posted on the Site
You
understand and agree that MileMarkerDiscounts may review
and delete any content, messages, photos or profiles
(collectively, "Content") that in the sole
judgment of MileMarkerDiscounts violate this Agreement
or which might be offensive, inappropriate, illegal, or
that might violate the rights, harm, or threaten the
safety of other Members.
By posting
Content to any public area of the Site, you
automatically grant, and you represent and warrant that
you have the right to grant, to MileMarkerDiscounts an
irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and
distribute such information and content and to prepare
derivative works of, or incorporate into other works,
such information and content, and to grant and authorize
sublicenses of the foregoing.
The
following is a partial list of the kind of Content that
is illegal or prohibited on the Site.
MileMarkerDiscounts reserves the right to investigate
and take appropriate legal action in its sole discretion
against anyone who violates this provision, including
without limitation, removing the offending communication
from the Service and terminating the membership of such
violators. It includes Content that:
-
is
patently offensive to the online community, such as
Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or
individual;
-
harasses
or advocates harassment of another person;
-
involves
the transmission of "junk mail",
"chain letters," or unsolicited mass
mailing or "spamming";
-
promotes
information that you know is false, misleading or
promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or
libelous;
-
promotes
an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated computer
programs or links to them, providing information to
circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to
pirated music files;
-
seeks to
impersonate any person or entity, or falsely state
or otherwise misrepresent your affiliation with a
person or entity;
-
contains
restricted or password only access pages, or hidden
pages or images (those not linked to or from another
accessible page) ;
-
displays
pornographic or sexually explicit material of any
kind;
-
provides
material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal
information from anyone under 18;
-
provides
instructional information about illegal activities
such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer
viruses;
-
solicits
passwords or personal identifying information for
commercial or unlawful purposes from other users;
and
-
engages
in commercial activities and/or sales without our
prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
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You must
use the Service in a manner consistent with any and
all applicable laws and regulations.
-
You may
not include in your Member profile any telephone
numbers, street addresses, last names, URLs or email
addresses.
-
You may
not engage in advertising to, or solicitation of,
other Members to buy or sell any products or
services through the Service. You may not transmit
any chain letters or junk email to other Members.
Although MileMarkerDiscounts cannot monitor the
conduct of its Members off the Site, it is also a
violation of these rules to use any information
obtained from the Service in order to harass, abuse,
or harm another person, or in order to contact,
advertise to, solicit, or sell to any Member without
their prior explicit consent. In order to protect
our Members from such advertising or solicitation,
MileMarkerDiscounts reserves the right to restrict
the number of emails which a Member may send to
other Members in any 24-hour period to a number
which MileMarkerDiscounts deems appropriate in its
sole discretion.
-
You are
solely responsible for your interactions with other
MileMarkerDiscounts Members. MileMarkerDiscounts
reserves the right, but has no obligation, to
monitor disputes between you and other Members.
Non
Commercial Use by Members
The Site is
for the personal use of individual Members only and may
not be used in connection with any commercial endeavors.
Organizations, companies, and/or businesses may not
become Members and should not use the Service or the
Site for any purpose. Illegal and/or unauthorized uses
of the Site, including collecting usernames and/or email
addresses of members by electronic or other means for
the purpose of sending unsolicited email and
unauthorized framing of or linking to the Site will be
investigated, and appropriate legal action will be
taken, including without limitation, civil, criminal,
and injunctive redress.
MileMarkerDiscounts
reserves the right to cancel or terminate an
individual's account if there is speculation of
misconduct or similar behaviors. Should you breach this
Agreement, MileMarkerDiscounts will revoke your
agreement to use the Service and suspend your right of access.
Should you
have any inquires, this should be
directed to our Customer Support Team via email to staff@MileMarkerDiscounts.com
These Terms
& Conditions were last modified on Mar 1. 2006. At
any time and without prior notice, MileMarkerDiscounts
shall have the right, in its sole discretion, to modify,
add or remove terms of these Terms & Conditions,
without notifying our customers of such modifications,
additions or removals, and all such changes shall be
effective immediately. Your continued participation and
use of this website and/or the MileMarkerDiscounts
services following our posting of any such change on our
site will constitute binding acceptance of such change.
You agree that MileMarkerDiscounts shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of the service.
As a part of
the service MileMarkerDiscounts provides to our Members,
we communicate via e-mail and other means to inform you
of enhancements or changes in offerings, services, or
other relevant information targeted to your interests.
Details of these communication efforts are noted within
the Privacy Policy. Users have the option to remove
themselves from various e-mail communications by
following the conditions listed within the message or by
following the procedures as noted in the Privacy Policy.
However, even though users may request removal from the
distribution of certain e-mails, MileMarkerDiscounts has
the right to send messages from time to time that we
believe would interest them. MileMarkerDiscounts
reserves the right at any time to modify or discontinue,
temporarily or permanently, the service (or any part
thereof) with or without notice.
This website
contains links to Internet websites maintained by third
parties. MileMarkerDiscounts does not operate or control
in any respect any information, products, or services on
such third-party sites. Third-party links do not
constitute any endorsement by MileMarkerDiscounts and/or
its affiliates. User assumes sole responsibility for use
of these third-party links. The disclaimers set forth
herein are equally applicable to such third-party sites.
The content
included on this website, including, but not limited to
the MileMarkerDiscounts tests, reports, text, graphics,
logos, icons, and images is the exclusive property of
MileMarkerDiscounts and other respective owners that
have granted MileMarkerDiscounts the right and license
to use such property and is protected by United States
and international copyright laws. All trademarks,
service marks, and trade names are proprietary to
MileMarkerDiscounts or other respective owners that have
granted MileMarkerDiscounts the right and license to use
such marks. The MileMarkerDiscounts website contains
copyrighted material, including, but not limited to:
trademarks and other proprietary information, content,
text, and graphics. Except as otherwise expressly
permitted under copyright law, users may not copy,
publish, redistribute, modify, transmit, display, sell,
create derivative works, or in any way exploit the
content or any portion of the MileMarkerDiscounts
website without the express permission of the
organization.
Disclaimers
of Warranties
The
products, offerings, content and materials (including,
without limitation, the Fee-Based products) on this
website are provided "as is" and without
warranties of any kind, either express or implied.
MileMarkerDiscounts disclaims all warranties, express or
implied, including but not limited to warranties of
title or implied warranties of merchantability, fitness
for a particular purpose, title, security, accuracy or
non-infringement.
Neither
MileMarkerDiscounts, any of our affiliates, nor any of
our or their respective licensors, licensees, service
providers or suppliers warrant that this website or any
function contained in this website will be uninterrupted
or error-free, that defects will be corrected, or that
this website or the servers that make this website
available are free of viruses or other harmful
components.
Neither
MileMarkerDiscounts, any of our affiliates, nor any of
our or their respective licensors, licensees, service
providers or suppliers warrant or make any
representations regarding the use or the results of the
use of the products, offerings, content and materials
(including, without limitation, the fee-based products)
in this website in terms of their correctness, accuracy,
reliability, or otherwise. Further, please note that no
advice or information, obtained by you from our
personnel or through this website shall create any
warranty not expressly provided for in this agreement. You
also agree that some businesses will go out of business
or not want to be in our Network any longer and that
Mile Marker Discounts Inc. will do the best to their
ability to remove such businesses from the site.
All
information presented by MileMarkerDiscounts is for
educational and entertainment purposes. The material is
not intended to be a substitute for professional
counseling. MileMarkerDiscounts and the creators,
producers, and distributors of the content disclaim any
liability in connection with the advice, recommendations
or products advertised on this site.
MileMarkerDiscounts
may assign our rights and obligations under this
Agreement. This Agreement will inure to the benefit of
our successors, assigns and licensees. The failure of
either party to insist upon or enforce the strict
performance of the other party with respect to any
provision of this Agreement, or to exercise any right
under this Agreement, will not be construed as a waiver
or relinquishment to any extent of such party's right to
assert or rely upon any such provision or right in that
or any other instance; rather, the same will be and
remain in full force and effect.
Privacy
and Use of Information
By using the
services you have also agreed to our Privacy
Statement. You acknowledge that
(a) we cannot ensure the security or privacy of
information you provide through the Internet and your
email messages, and you release us from any and all
liability in connection with the use of such information
by other parties;
(b) we are not responsible for, and cannot control, the
use by others of any information which you provide to
them and you should use caution in selecting the
personal information you provide to others through the
Service; and
(c) we cannot assume any responsibility for the content
of messages sent by other users of the Service, and you
release us from any and all liability in connection with
the contents of any communications you may receive from
other users. We cannot guarantee, and assume no
responsibility for verifying, the accuracy of the
information provided by other users of the Service.
You may not
use the Service for any unlawful purpose. We may refuse
to grant you an ID or nickname that impersonates someone
else, is protected by trade-mark or proprietary law, or
is vulgar or otherwise offensive, as determined by us in
our sole discretion.
Monitoring
of Information
We reserve
the right to monitor all advertisements, public
postings, messages, video and audio recordings to ensure
that they conform to the content guidelines which may be
applicable from time to time.
While we do
not and cannot review every message or other material
posted or sent by users of the Service, and are not
responsible for any content of these messages or
materials, we reserve the right, but are not obligated,
to delete, move, or edit messages or materials,
including without limitation profiles, public postings,
messages, video and audio recordings that we, in our
sole discretion, deem to violate the Code of Conduct set
out above or any applicable content guidelines, or to be
otherwise unacceptable. You shall remain solely
responsible for the content of profiles, public
postings, messages, video and audio recordings and other
materials you may upload to the Service or users of the
Service.
These Terms
& Conditions represent the complete and entire
agreement between MileMarkerDiscounts and you and
supersede all prior and contemporaneous agreements of
the parties relating to the subject mater hereof. If any
provision of this Agreement is held invalid, the
remainder of this Agreement shall continue in full force
and effect. You acknowledge that you have read these
Terms & Conditions and understand and agree to all
of them in their entirety. You have independently
evaluated the desirability of using MileMarkerDiscounts,
and are not relying on any representation, guarantee, or
statement other than as set forth in these Terms &
Conditions.
We sincerely
hope you enjoy your use of the MileMarkerDiscounts site.
Please understand that these rules help make it possible
to offer our valued users these Services.
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"You
agree with your purchase" - Because we deal with so many businesses in our
network, there might be times when some businesses
change owners, close down for repairs, or go out
of business. PLEASE
READ OUR TERMS. We are constantly updating our
network to give you great customer service and
product. Remember your card never expires, it continues to grow in
value, and your purchase helps our marine environment. If you are not
completely satisfied with your Mile Marker
Discount Card, please contact us for details for a
full refund. Click Here |
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