TERMS OF USE FOR
Missilesilo™ Website
The use of the website (the "Website") is subject to the terms and conditions stated herein. Use of the Website constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular Missilesilo™ services, you will be subject to any guidelines or rules applicable to such services that may be posted from time to time. Emergence™, SiteScribe™, Inc.Stamp™, WholeSearch™, WholeSearch™ InSITE™, and RateSearch™ are among the products owned by Missilesilo™. You are responsible for regularly reviewing this Agreement.
Ownership of Intellectual Property and Usage Restrictions
The works of authorship and intellectual property contained in this Website, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by Missilesilo™ or its licensors. United States and worldwide copyright laws and treaty provisions protect the contents of this Website. In accordance with these terms, except as stated above,
You and other Website users may not:
Copy, reproduce, modify, use, republish, upload, post, publish, license, create derivative works from, transmit or distribute in any way material from the Website without Missilesilo™'s express written authorization.
Copy, modify or display trademarks, names or logos appearing on this Website in any way without Missilesilo™'s express written authorization.
Redeliver, transfer, or sell any information, software, lists of users, databases or other lists, products, or services provided through or obtained from the Missilesilo™ Websites. This includes among other activities, using "framing", "scraping", "screen scraping," "database scraping", or any other activity with the purpose of obtaining lists of users or other information and includes any of the pages, text, images or other content of this Website technology without Missilesilo™ express written authorization.
Soliciting any of the individuals or companies listed on this Website for purposes of selling products or services is prohibited.
You agree that you will not use Missilesilo™ Website in any manner that could damage, disable, overburden, or impair the Missilesilo™ Websites or interfere with any other party's use and enjoyment of the Missilesilo™ Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or publicly provided for through the Missilesilo™ Websites.
Except with the written authorization of Missilesilo™, you agree that you will not create links from any Website or web page to any page within the Missilesilo™ Websites with the exception of www.missilesilo.com, the Missilesilo™ Websites homepages, including, but not limited to pages currently located at www.missilesilo.com. The origin of any such link to the Missilesilo™ Websites homepage must be accompanied by a clear and prominent attribution indicating that the link is connected to the Missilesilo™ Websites homepage. You agree that if you create any link to the Missilesilo™ Websites that you will not employ any technology that results in the placement of content from the Missilesilo™ Websites in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the Missilesilo™ Websites from how they would appear if a user typed in their URL to a typical browser line. You agree that Missilesilo™ may in its sole discretion and at any time terminate your access to and use of the Missilesilo™ Websites, or any part thereof, with or without prior notice.
Website Security
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. Missilesilo™ will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
LIMITED WARRANTY
THE MISSILESILO™ WEBSITES ARE PROVIDED "AS-IS" AND "WITH ALL FAULTS" AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE WEBSITES, INCLUDING WITHOUT LIMITATION ITS FITNESS FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, OR THE RESULTS OBTAINED BY USING THE WEBSITES. THE COMPANY DOES NOT WARRANT THAT THE WEBSITES ARE FREE FROM BUGS, VIRUSES, ERRORS OR OTHER PROGRAM LIMITATIONS.
LIMITATION OF LIABILITY
MISSILESILO™ SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MISSILESILO™ WEBSITES. USE OF MISSILESILO™ WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MISSILESILO™ WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MISSILESILO™ WEBSITES.
Indemnity
You will indemnify, defend and hold harmless Missilesilo™ and its subsidiaries, affiliates, officers, directors, employees and agents (each, an "Indemnified Party") from and against any and all claims, demands, losses, costs, expenses, liabilities and damages of any kind or nature whatsoever (collectively, "Damages") incurred by any Indemnified Party arising out of, in connection with or resulting from (i) your use of the Missilesilo™ Websites or (ii) your breach of this Agreement.
Governing Law/Arbitration
This Agreement shall be construed and governed by the State of Wisconsin, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Wisconsin in all disputes arising out of or relating to the use of the Missilesilo™ Websites. Use of the Missilesilo™ Websites is unauthorized in any jurisdiction that does not give the effect to all provisions of these terms and conditions, including without limitation this paragraph.