Welcome to Millennial Living! We hope that you will find useful the information, resources, and services we provide on home remodeling, home ownership, moving, money management, travel and e-government products and services. Our articles are based on our experiences and other content on the site is based on the people who comment, post to our forums and blog. Use common sense and remember "your results may vary" depending on your unique situation.
This Agreement describes your responsibilities and limits our liability, among other things. Please read it carefully before commenting on articles, posting in our forums, blogging or rating any store, contractor, service or product or otherwise using the MillennialLiving.com Web site.
1. ACCEPTANCE OF TERMS
Millennial Living, Inc. ("Millennial Living") makes available to you on this Web site (the "Site", also referred to as “MillennialLiving.com”), information, documents, images, software and products (collectively, the "Materials") and various services operated by Millennial Living (collectively, the "Services"), subject to the terms and conditions set forth in this document (the "Terms of Use"). By accessing or using this Site or the Materials, which includes your access to or use of any of the Services, you agree to the Terms of Use. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THE SITE, USE THE MATERIALS, OR REQUEST OR USE THE SERVICES.
Millennial Living reserves the right to change the Terms of Use from time to time, at its sole discretion, and without notice. Millennial Living will endeavor to notify you of any changes, however, you agree that Millennial Living’s failure to notify you shall not be deemed a waiver of any or all of these Terms of Use. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use.
In addition, when using particular Services or Materials on this Site, or entering any sections of the Site designated as for Members, such as, but not limited to, the weblog, forums or comments. you shall be subject to any posted guidelines or rules applicable to such Services or Materials. The guidelines and rules for such sections of the Site may contain terms and conditions in addition to those in the Terms of Use, and you agree to be bound by those.
All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any materials downloaded, printed, or otherwise obtained from this Site.
This Agreement is void where prohibited by law, and the right to access the Site and Materials is revoked in such jurisdictions.
2. USE OF THE SITE
A. Intellectual Property Rights. The Materials and Services on this Site, including, but not limited to, the compilation of all content, surveys, weblogs, message boards, discussion boards, chat software, other software, graphics, writings, and the like, are the copyrighted works of Millennial Living and/or its licensers or suppliers, and are protected by copyright and/or other intellectual property laws. Any unauthorized copying, distributing, storing, transmitting, or other use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, Millennial Living and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services. “Millennial Living”, the Millennial Living logo, and other product and service names used on the Site are trademarks and/or registered trademarks of Millennial Living Inc. (the "Millennial Living Marks"). You agree not to display or use the Millennial Living Marks in any manner without Millennial Living’s prior permission.
B. Acceptable Use Policy. You are solely responsible for the content of any comments, information, questions, data, feedback, ideas, descriptions of processes, or other information you submit or allow others to submit to Millennial Living through the Site. You may only submit to the Site content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. In addition, you agree to not use the Site, or allow others to use the Site, to:
1. upload, post, link to, or otherwise transmit any data or content that is abusive, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, an official, Forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. upload, post or otherwise transmit any content that violates any law or violates the personal, proprietary, or intellectual property rights or other rights of any third party;
6. upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
7. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
9. “stalk” or otherwise harass another;
10. collect or store personal data about other users;
11. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals - this may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “crush” sites;
12. use any file storage space, personal web space, directory, or the like as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site; or
13. intentionally violate any other applicable law or regulation.
You also agree to not use the Site to engage in commercial activities without enrolling in approved affiliate programs. This includes, but is not limited to, the following activities:
1. offering for sale any products or services;
2. conducting raffles or contests that require any type of entry fee;
3. displaying a sponsorship banner of any kind; and
4. displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web sites.
Millennial Living reserves the right, in its sole discretion and without notice, to delete or otherwise remove any information uploaded, posted, or otherwise transmitted by you which violates the above provisions.
C. Unsolicited Information. Millennial Living does not want to receive unsolicited information from you through the Site for the purpose of communicating to Millennial Living (the corporation) any ideas or other information, including, but not limited to product or service suggestions or enhancements, product or service names, advertising campaigns or marketing plans, technology or material, business methods, or any similar information. Millennial Living maintains this policy to prevent misunderstandings or disputes in the event it develops products or services that may seem similar to an unsolicited proposal. Any non personal unsolicited information or material sent to Millennial Living will be deemed NOT confidential, and by sending such unsolicited information you hereby grant Millennial Living an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Millennial Living is free to use any ideas, concepts, know how, or techniques that you send to us for any purpose. Personal information, such as names, address, telephone numbers, etc., will remain subject to Millennial Living’s Privacy Policy.
D. Use of Materials and Services. Except as otherwise indicated elsewhere on this Site, you may view, download, and print the Materials available on this Site, and utilize the Services, subject to the following conditions:
1. The Terms of Use, any additional terms or end user license agreements that accompanies or is included with Materials and/or Services, or that are set out below, govern use of the Materials and /or Services.
2. The Materials may be used solely for personal, informational, and internal purposes.
3. Except as expressly permitted, the Materials may not be modified or altered in any way.
4. Except as expressly permitted, no portion of the Materials may be reproduced in any form or by any means without the prior written permission of Millennial Living.
5. Except as expressly permitted, the Materials may not be distributed, electronically or otherwise. Members may distribute Materials to Member’s employees, and only to Member’s employees, so long as all copyright, trademark, and other proprietary rights notices are included in those copies.
6. Except as expressly permitted, You may not store or aggregate any Materials.
7. You may not remove any copyright, trademark or other proprietary notices contained in Materials.
8. Millennial Living reserves the right to revoke the authorization to view, download, and print the Materials available on this Site at any time, and any such use shall be discontinued immediately upon written notice from Millennial Living.
9. The rights granted to you constitute a limited license and not a transfer of title.
10. You will not be able to download or install any software and accompanying documentation (together, the “Software”) that is accompanied by or includes an end user license agreement unless you agree to and consent to be bound by the terms of such end user license agreement. If you do not agree to and consent to be bound by such terms, you will not be able to use the Software.
11. You may not alter, reverse engineer, translate, disassemble, decompile, or otherwise attempt to derive source code to the Materials in whole or in part or otherwise reduce the software portion of Materials to any human perceivable form or to alter any files included with copies of the Materials delivered hereunder or to create any derivative work. Nothing contained in this Terms of Use shall be interpreted so as to exclude or prejudice the rights (if any) of any end user expressly permitted to decompile under applicable law if it is essential to do so in order to achieve operability of the Materials with another software program, and you have first requested Millennial Living to provide the information necessary to achieve such operability and Millennial Living has not made such information available. Millennial Living has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Millennial Living or obtained by you, as permitted hereunder, may not be disclosed to any third party or used to create any software or files that are substantially similar to the expression of the Materials. Requests for information should be directed to Millennial Living’s Customer Service department.
12. The rights specified above to view, download, and print the Materials available on this Site are not a right to copy the design, layout, or look and feel of the Site apart from the uses permitted herein. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. You agree not to use any means to circumvent any log in, password, or other protections Millennial Living puts in place to restrict access to certain parts of the Site.
13. You shall use the Site only for your own direct benefit or the direct benefit of your internal business operations, and you may not share, rent, or sublicense any of Your rights under these Terms of Use to any other party.
14. You hereby grant Millennial Living a royalty free, perpetual license to republish, modify, create derivative works from, and otherwise use in commerce any content posted by you in any weblog, forum or comments , surveys, or other interactive user environments associated with the Site. If you do not want us to republish your words, DO NOT post them on our site. To the extent practical, Millennial Living shall endeavor to credit you (under your user name or real name) as author for any such material used by Millennial Living.
3. RELIABILITY OF MATERIALS AND SERVICES
One of the principal objectives at Millennial Living is to assist you in home remodeling and repair, home ownership, reducing energy bills, moving, traveling and using e-government services and products to improve your life. Millennial Living relies on various sources of information, including our own experiences, which are believed to be accurate and reliable to assist with this objective. However, no claims or representations are made as to the accuracy, completeness, or truth of any Material contained on our Site or that the information provided will be suitable for your unique information. Materials and Services available on or through the Site are routinely updated, and Millennial Living shall endeavor to ensure that such information is reliable and that Services are available. You understand and acknowledge that Millennial Living does not control the posting or content of all the Materials, nor will Millennial Living verify the timeliness or content of Materials.
Millennial Living expressly disclaims any responsibility or liability for any third-party Materials or Services on the Site, or any third-party information or services available through a link from the Site. Further, you agree that Millennial Living will not be liable for any decision or action taken by you or others based upon reliance on news, information, or any other Material published by or Service provided by Millennial Living.
Millennial Living may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for Member Content. Millennial Living shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.
4. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Millennial Living is committed to respecting intellectual property rights of others, and we expect you to do the same. Millennial Living, in its sole discretion, may terminate the accounts or access rights of users who violate any such intellectual property rights.
If you believe that your work has been copied in a way that constitutes copyright infringement on our website, please provide the following information to Millennial Living’s Copyright Agent:
1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material you claim is infringing is located on our website;
4. Your address, telephone number, and email address so that we can contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
5. DISCLAIMER OF WARRANTEES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND MILLENNIAL LIVING, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING.
MILLENNIAL LIVING MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT CANNOT BY LAW BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. MILLENNIAL LIVING MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES ON THIS SITE MAY BE OUT OF DATE, AND MILLENNIAL LIVING MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
MILLENNIAL LIVING ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND/OR SERVICES OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE, INCLUDING THOSE OF MILLENNIAL LIVING ASSOCIATES. REFERENCES TO OTHER COMPANIES, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES, NO ADVICE OR IN FORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MILLENNIAL LIVING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MILLENNIAL LIVING OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS AGREEMENT IS A MATERIAL CONSIDERATION FOR MILLENNIAL LIVING ENTERING INTO THIS AGREEMENT.
THIS SITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO MILLENNIAL LIVING PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT MILLENNIAL LIVING INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES, OR PROGRAMS IN YOUR COUNTRY.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MILLENNIAL LIVING SHALL NOT BE LIABLE FOR ANY DIRECT, 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 MILLENNIAL LIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) 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 THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL MILLENNIAL LIVING’S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED TEN U.S. DOLLARS.
7. TERM AND TERMINATION
This Agreement is effective as of the date you make use of the Site, or, in the case of Materials and Services accessible only to Members, the date you receive a Username or password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or, if you have not become a Member, immediately upon breach of any of the Terms of Use. Millennial Living may, at its sole discretion, suspend access to and use of the Site at any time without refunding any fees associated with such use. Millennial Living may also, at its sole discretion, terminate this Agreement at any time without refunding any fees associated with such use. Millennial Living may, at its sole discretion, elect to provide written or E-mailed notice to you if you materially breach any of the terms or conditions of the Terms or Use, and you hereby agree to cure such breach within ten (10) days after notice from Millennial Living. Millennial Living’s election of such a course of action shall not be deemed a waiver of its rights to terminate this Agreement at any later time. Millennial Living’s election of termination shall not be deemed a waiver of its rights to any and all other legal or equitable remedies available to Millennial Living. Upon termination of this Agreement for any reason, you shall cease to access or to use any information obtained through the Site.
The limitations and disclaimers of warranties, the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive Termination of this Agreement.
8. INDEMNIFICATION
At Millennial Living’s option and request, you shall, at your own expense, indemnify, defend, and hold Millennial Living and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between you and any third party, (b) based on or caused by unauthorized access to the Site through your account, (c) based on facts or alleged facts that would constitute a breach of any of your representations, warranties, or covenants under this Agreement, (d) arising out of a request for Millennial Living to remove or disable access to any Member Content in or on the Site, or (e) resulting from violations of any of the terms and conditions set forth in these Terms of Use. You shall not enter into a settlement of the foregoing without Millennial Living’s prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from Millennial Living.
10. ENTIRE AGREEMENT
This Terms of Use Agreement constitutes the entire agreement between you and Millennial Living with respect to the Site and supersedes all prior agreements or previous discussions (written or oral) between you and Millennial Living. This Agreement may be modified only by a signed agreement, or as follows: Millennial Living may modify this Agreement by posting the new terms and conditions on the Site. If you continue to use the Materials, Services, or Site, then you will be considered to have accepted any such modifications.
11. GENERAL PROVISIONS
A. Waiver. Millennial Living’s failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
B. Force Majeure. Millennial Living will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of Millennial Living including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.
C. Governing Law, Jurisdiction, and Venue. This Site (excluding linked sites) is controlled by Millennial Living from its offices within the Commonwealth of Virginia, in the United States of America. By accessing this Site, you and Millennial Living agree that the statutes and laws of the Commonwealth of Virginia, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site and any Materials or Services. You and Millennial Living specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. No choice of law rules of any jurisdiction apply. You and Millennial Living agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the County of Arlington or the Eastern District of Virginia. Millennial Living makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
12. LINKS TO OTHER INTERNET WEB SITES
This Site contains links to third-party Web sites that are not under the control of Millennial Living. Millennial Living makes no representations whatsoever about any other Web site to which you may have access through this Site, including the Web sites of Millennial Living’s Associates. When you access a non-Millennial Living Web site, you do so at your own risk and Millennial Living is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. Millennial Living provides these links merely as a convenience and the inclusion of such links does not imply that Millennial Living endorses or accepts any responsibility for the content or uses of such Web sites.
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