TERMS OF USE:
1. Definitions.
"MiltonRich.com" is our website. "Visitor" means each person who establishes
or accesses a connection for access to and use of MiltonRich.com
2. General.
(A) This Agreement, which incorporates by reference other provisions
applicable to use of MiltonRich.com, including, but not limited to,
supplemental terms and conditions set forth in paragraph 14 hereof
("Supplemental Terms") governing the use of certain specific material
contained in MiltonRich.com, sets forth the terms and conditions that apply
to use of MiltonRich.com by Visitor. By using MiltonRich.com (other than to
read this Agreement for the first time), Visitor agrees to comply with all
of the terms and conditions hereof. The right to use MiltonRich.com is
personal to Visitor and is not transferable to any other person or entity.
(B) MiltonRich.com shall have the right at any time to change or discontinue
any aspect or feature of MiltonRich.com, including, but not limited to,
content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
MiltonRich.com shall have the right at any time to change or modify the
terms and conditions applicable to Visitor's use of MiltonRich.com, or any
part thereof, or to impose new conditions, including, but not limited to,
adding fees and charges for use. Such changes, modifications, additions or
deletions shall be effective immediately upon notice thereof, which may be
given by means including, but not limited to, posting on MiltonRich.com, or
by electronic or conventional mail, or by any other means by which Visitor
obtains notice thereof. Any use of MiltonRich.com by Visitor after such
notice shall be deemed to constitute acceptance by Visitor of such changes,
modifications or additions.
4. Equipment.
Visitor shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
MiltonRich.com and all charges related thereto.
5. Visitor Conduct.
(A) Visitor shall use MiltonRich.com for lawful purposes only. Visitor shall
not post or transmit through MiltonRich.com any material which violates or
infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any law, or which, without MiltonRich.comıs
express prior approval, contains advertising or any solicitation with
respect to products or services. Any conduct by a Visitor that in
MiltonRich.comıs discretion restricts or inhibits any other Visitor from
using or enjoying MiltonRich.com will not be permitted. Visitor shall not
use MiltonRich.com to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become Visitors
of other services.
(B) MiltonRich.com contains copyrighted material, trademarks and other
proprietary information, which include, but not limited to, text, software,
photos, video, graphics, music and sound, and the entire contents of
MiltonRich.com are copyrighted as a collective work under the United States
copyright laws. MiltonRich.com owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well as in the
content original to it. Visitor may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Visitor may download
copyrighted material for Visitor's personal use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of MiltonRich.com
and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, Visitor must include
author attribution, trademark legend and copyright notice. Visitor
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
(C) Visitor shall not upload, post or otherwise make available on
MiltonRich.com any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
Visitor. Visitor shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting
from such a submission. By submitting material to any public area of
MiltonRich.com, Visitor automatically grants, or warrants that the owner of
such material has expressly granted MiltonRich.com the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or
in part) worldwide and/or to incorporate it in other works in any form,
media or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. Visitor also permits any
other Visitor to access, view, store or reproduce the material for that
Visitor's personal use. Visitor hereby grants MiltonRich.com the right to
edit, copy, publish and distribute any material made available on
MiltonRich.com by Visitor.
(D) The foregoing provisions of Section 5 are for the benefit of
MiltonRich.com, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) VISITOR EXPRESSLY AGREES THAT USE OF MILTONRICH.COM IS AT VISITOR'S SOLE
RISK. NEITHER MILTONRICH.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
MILTONRICH.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MILTONRICH.COM,
OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE,
OR MERCHANDISE PROVIDED THROUGH MILTONRICH.COM.
(B) MILTONRICH.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY
ACKNOWLEDGES THAT MILTONRICH.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD-PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
(D) IN NO EVENT WILL MILTONRICH.COM, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING MILTONRICH.COM OR MILTONRICH.COM
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE MILTONRICH.COM. VISITOR HEREBY
ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT
ON MILTONRICH.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MILTONRICH.COM, NOR
ITS AFFILIATES, SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY
ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR
UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MILTONRICH.COM, OR FOR
ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR
ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF
ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. NEITHER, MILTONRICH.COM, NOR ITS AFFILIATES, WARRANT
OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
7. Monitoring.
MiltonRich.com shall have the right, but not the obligation, to monitor the
content of MiltonRich.com (including submissions), to determine compliance
with this Agreement and any operating rules established by MiltonRich.com
and to satisfy any law, regulation or authorized government request.
MiltonRich.com shall have the right in its sole discretion to edit, refuse
to post or remove any material submitted to or posted on MiltonRich.com.
Without limiting the foregoing, MitonRich.com shall have the right to remove
any material that MiltonRich.com, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise objectionable.
8. Indemnification.
Visitor agrees to defend, indemnify and hold harmless MiltonRich.com, its
affiliates and their respective directors, officers, employees and agents
from and against all claims and expenses, including attorneys' fees, arising
out of the use of MiltonRich.com by the Visitor.
9. Termination.
Either MiltonRich.com or Visitor may terminate this Agreement at any time.
Without limiting the foregoing, MiltonRich.com shall have the right to
refuse to publish or provide content for any Visitor request. The provisions
of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive
termination of this Agreement.
10. Trademarks.
MiltonRich.com , The Book of Mormon on Trial, and any artwork, logo, or
logotypes used are copyright of MiltonRich.com. All rights reserved. All
other trademarks appearing on MiltonRich.com are the property of their
respective owners.
11. Miscellaneous.
This Agreement and any operating rules for MiltonRich.com established by
MiltonRich.com constitute the entire agreement of the parties with respect
to the subject matter hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject matter. No
waiver by either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any
legal import.
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