Terms of Use

Effective date: October 2008

1. Overview and Legal Compliance

1.1 Mark Milos ("Mark Milos", "Me", "My", or "I") created this Terms and Conditions of Use Agreement (the "Terms of Use") to clarify how visitors to My home page located at www.MarkMilos.com (the "Web Site") may use this site.
1.2 The following agreement describes the terms on which I permit use of the Web Site. These Terms of Use govern all use of the Web Site and apply to all Internet traffic visiting the Web Site (called "Users" or "You"). Before using the Web Site, please read all of these Terms of Use carefully as Your use of the Web Site constitutes Your acceptance of these Terms of Use. If You do not agree to these terms, You may not use the Web Site.
1.3 I may amend these Terms of Use at any time. Except as stated below, all amended terms are effective automatically when they are posted on the Web Site. You should check the Web Site frequently for changes to these Terms of Use. These Terms of Use may not be amended in any other way except in writing signed by You and Us.
1.4 This policy does not extend to any information that is inherent in the operation of the Internet, and therefore beyond My control. You agree not to use the Web Site in any manner contrary to applicable law or government regulation.
1.5 You agree not to transmit or post on the Web Site anything
- i. under a false name;
- ii. unlawful, libelous, defamatory, threatening, abusive, harassing, or otherwise objectionable information including without limitation, anything constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise under any applicable law;
- iii. that discloses another person's private or personal matters or which would violate a person's rights of privacy or publicity;
- iv. that contains a virus, worm, Trojan horse or any other contaminating or destructive features; or
- v. that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets, confidential or proprietary information, or use trademarks or service marks in an infringing fashion.

2. Unauthorized Use of the Site

2.1 Illegal and/or unauthorized use of the Web Site, including but not limited to, unauthorized framing of or linking to the Web Site, or any part of the Web Site, or unauthorized use of any devise or program on the Web Site, will be investigated and I will take appropriate legal action, including but not limited to, civil, criminal, and/or injunctive redress.

3. Permitted Use of the Site

3.1 You agree that You are only authorized to visit, view and to retain a copy of pages of this Site for Your own personal use, and that You shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than Your personal use, unless otherwise specifically authorized by Me to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Me to do so. The content and software on this Site is the property of Mark Milos and is protected by state, federal, and international copyright laws. I post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove these notices and credits, or any additional information contained along with notices and credits.

4. Copyright Information

4.1 All content appearing on this Web Site is the copyrighted property of Mark Milos unless otherwise noted. Reproduction or storage of materials retrieved from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. You may not use, distribute, reproduce, publish, transmit, transfer, sell, create derivative works from, or in any way exploit the content, except for personal, noncommercial use, provided that You maintain all copyright and other notices contained in the content.

5. Disclaimer

5.1 THE WEB SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE WEB SITE OR REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. MARK MILOS MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. MARK MILOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MECHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, MARK MILOS'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

6. Liability Limit

6.1 UNDER NO CIRCUMSTANCES WILL MARK MILOS BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT MARK MILOS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE WEB SITE OR THE SERVICES PROVIDED THEREBY. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, MARK MILOS'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Entire Agreement

7.1 These Terms of Use constitute the sole agreement between Mark Milos and You regarding the subject matter contained herein and fully supercede any and all other understandings or agreements, whether oral or written. You acknowledge and agree that You have read and understand these Terms of Use and agree to be bound by them.

8. Legal Actions

8.1 These Terms of Use will be governed by and construed in accordance with the laws of the State of Wisconsin, County of Kenosha, without regard to its conflicts of laws provisions. The application of the United States Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms of Use and your use of the Web Site and/or the services provided thereby shall be the state and federal courts located within the State of Wisconsin, County of Kenosha, and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.

9. Severability

9.1 If any provision of these Terms of Use as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.