Million Mile Secrets, LLC ("Million Mile Secrets") provides this website (the “Services”) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Services, you accept and agree to be bound by the terms and provision of the TOS.
The Services are for entertainment purposes only. Million Mile Secrets provides users with access to the personal experiences and blogs of the authors contributing to this website. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the TOS. You understand and agree that the Services are provided "AS-IS" and that Million Mile Secrets assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or comments. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
You understand that all information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Million Mile Secrets, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Million Mile Secrets does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Million Mile Secrets be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
You acknowledge that Million Mile Secrets may or may not pre-screen Content, but that Million Mile Secrets and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Million Mile Secrets and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Million Mile Secrets or submitted to Million Mile Secrets, including without limitation information in Million Mile Secrets message boards and in all other parts of the Services.
You acknowledge, consent and agree that Million Mile Secrets may access, preserve and disclose your Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Million Mile Secrets, its users and the public.
Million Mile Secrets does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant Million Mile Secrets the following worldwide, royalty-free and non-exclusive license(s), as applicable:
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Million Mile Secrets through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Million Mile Secrets is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Million Mile Secrets shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Million Mile Secrets may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Million Mile Secrets without any obligation of Million Mile Secrets to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Million Mile Secrets under any circumstances.
You agree to indemnify and hold Million Mile Secrets and its members, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including Content, advertisements, Software and Contributions).
Million Mile Secrets reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Million Mile Secrets shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof).
You agree that Million Mile Secrets may, without prior notice, immediately terminate, limit your access to or suspend your access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Million Mile Secrets’ sole discretion and that Million Mile Secrets shall not be liable to you or any third party for any termination of access to the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Million Mile Secrets shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Million Mile Secrets is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Million Mile Secrets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Million Mile Secrets or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such Content or the Software, in whole or in part.
YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MILLION MILE SECRETS AND ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MILLION MILE SECRETS AND ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT:
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MILLION MILE SECRETS OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MILLION MILE SECRETS AND ITS MEMBERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MILLION MILE SECRETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (c) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Million Mile Secrets may provide you with notices, including those regarding changes to the TOS, including but not limited to email, posting on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
You agree that all of Million Mile Secrets’ trade names, service marks and other Million Mile Secrets logos and brand features, and product and service names are trademarks and the property of Million Mile Secrets, LLC (the "Marks"). Without Million Mile Secrets’ prior permission, you agree not to display or use in any manner the Marks.
.The TOS constitutes the entire agreement between you and Million Mile Secrets and governs your use of the Services, superseding any prior version of this TOS between you and Million Mile Secrets with respect to the Services.
. You and Million Mile Secrets each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Million Mile Secrets shall be brought exclusively in the courts located in Douglas County, Kansas or the U.S. District Court for the District of Kansas. You and Million Mile Secrets agree to submit to the personal jurisdiction of the courts located within Douglas County, Kansas or the District of Kansas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
. The failure of Million Mile Secrets to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.