Effective Date: March 30, 2022
The Site and the Services are provided by Milestones Labs, LLC (“Milestones”).
To use the Site and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Site and/or Services by the laws of the jurisdiction from which you access the Site and/or Services.
NO PROFESSIONAL ADVICE
All information, materials, content and/or advice on the Site or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. Milestones expressly disclaims, and you expressly release Milestones from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site and/or Services. You should consult with an appropriately trained and licensed specialist for all concerns that require medical, legal, financial, or other professional advice.
PRIVACY AND CONSENT TO COMMUNICATIONS
USE OF SITE; LIMITED LICENSE
NO UNAUTHORIZED ACCESS OF AND/OR USE OF THE SITE AND/OR SERVICES
The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Site and/or Services, and you agree not to do any of the following:
Using the Site for commercial purposes;
Conducting or promoting any illegal activities while using the Site or Services;
Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Site, our computer and/or telecommunication systems or data;
Interfering in any way with the proper functioning of the Site (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Site, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Site;
Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service any of the Site’s content;
Engaging in the practices of “screen scraping,” “database scraping,” “data mining,” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Site or use web “bots” or similar data gathering or extraction methods for such purposes;
Attempting to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
Attempting to gain access to secured portions of the Site;
Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for Milestones to protect its computer and/or telecommunications systems;
Using the Site and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
Using the Site and/or Services to stalk, harass, or harm another individual;
Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity;
Uploading, distributing or printing anything that may be harmful to minors;
Mirroring or framing the Site, placing pop-up windows over its pages, or otherwise affecting the display of its pages; or
Engaging in any other action in any way that is unlawful or harms Milestones.
INTELLECTUAL PROPERTY OWNERSHIP
All trademarks, service marks, and trade names are proprietary to Milestones. All rights, title, and interests in and to the Site, including content, materials, trademarks, and other intellectual property contained in the Site, vest solely in Milestones. The Milestones name and any Milestones products and services, slogans, or logos referenced herein on the Site are either trademarks or registered trademarks of Milestones. The names of actual third party companies and products mentioned in the Site may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
On certain portions of the Site, you will be provided with a password and user identification to use the Site. You must agree to abide by these Site Terms and are responsible for all activity under such user identification. You are responsible for maintaining the confidentiality and security of any password connected with your account.
HYPERLINKS TO EXTERNAL WEB SITES
The Site may provide links to external Web sites (“External Web Sites”). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, Milestones is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Site. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of External Web Sites.
THIRD PARTY PRODUCTS AND SERVICES
We may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links or referrals to third-party products or services on the Site (“Third Party Products and Services”).
We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.
Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party.
You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third Party Products and Services that you find on or through the Site.
PUBLIC AREAS AND SUBMISSIONS
If you use a “Public Area,” such as a forum, message board, or other community area that allows user posts, additional terms and conditions apply to you.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding Milestones, the Site, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral submissions to Milestones, or postings on the Site (“Submissions”), are non-confidential. You grant us a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, disseminate, distribute, display, reproduce, post, and publish your Submission and any name, username, or likeness provided in connection with your Submission in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share your Submission on or through our Site or Services, you understand that your Submission and any associated information may be visible to others.
If you are an author of a Submission, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance, or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.
THE SITE, THE SITE MATERIALS, AND ALL LINKS, INFORMATION, CONTENT, DATA, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE SITE. INCLUDING ANY OF THE FOREGOING PROVIDED BY A THIRD PARTY (COLLECTIVELY “MATERIALS”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE MATERIALS IS AT YOUR SOLE RISK. MILESTONES AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, PERSONAL REPRESENTATIVES, AGENTS, EMPLOYEES AND THIRD PARTY PROVIDERS OF MATERIALS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE MATERIALS. IN ADDITION, MILESTONES IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES). NO ORAL OR WRITTEN INFORMATION FROM MILESTONES OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. MILESTONES EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, MILESTONES DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL MILESTONES BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MILESTONES OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE MATERIALS, OR OTHERWISE UNDER OR IN CONNECTION WITH THE MATERIALS, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MILESTONES OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE COMPLETE SITE OR THE MATERIALS EXCEED USD $50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Site will immediately cease.
CHANGES TO THE SITE AND/OR SERVICES
We reserve the right to change, modify, suspend, or cease providing the Site and/or Services (and therefore, your access to and use of) at any time without notice.
GOVERNING LAW AND FORUM SELECTION
Any dispute arising from the Site and your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of Texas. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts Texas and the United States, respectively, sitting in Travis County, Texas.
CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION, CLASS WAIVER, AND JURY TRIAL WAIVER
Please read the following important section carefully.
You waive your rights to a jury trial and to have any dispute arising out of or related to the Site or Services resolved in court. Instead, disputes relating in any way to the Site or Services must be submitted to binding arbitration administered by American Arbitration Association.
You and we agree that any dispute arising out of or related to the Site or our Services is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.
You and we agree that for any arbitration you initiate, you will pay the filing fee. For any arbitration initiated by us, we will pay all fees and costs.
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See it in action
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See it in action
Get a demo, then use Moxi Homeownership Portal to grow your brokerage.