Terms & Conditions of Use
MyEdge® (“MyEdge” or the “Application”) is the proprietary application of Miller Edge Inc., (“MILLER EDGE”). MILLER EDGE requires that all customers or other persons using the Application (“Users”) adhere to the following terms and conditions of use. By accessing the MyEdge® application, the User acknowledges his, her or its acceptance of and agreement to these terms and conditions, and each amendment made to them from time to time by MILLER EDGE. No access to any proprietary drawings, specifications, programs or other resources developed by or for the benefit of MILLER EDGE will be granted without the User’s affirmative acceptance of these terms.
PERMISSION TO USE
All authorized Users are invited to display the information and content of the MyEdge® Application on their computers and tablets or other mobile devices solely for purposes of assisting in the sales of MILLER EDGE products and Permitted Additional Items. The application is proprietary to MILLER EDGE. Use of the Application is subject to the Licensing terms set forth below.
All authorized Users are hereby granted a limited special purpose revocable license to use the Application. Any use of the Application for any purpose other than the marketing, promotion and sale of MILLER EDGE products is strictly prohibited; provided that use by the Dealer for additional items and accessories shall be permitted provided that those additional items and accessories do not compete with the products sold by MILLER EDGE (“Permitted Additional Items”). Any such unauthorized usage shall operate to immediately terminate this license. In using the Application, the User acknowledges and agrees that there is no adequate financial remedy for the unauthorized use of the Application, so that any such unauthorized use also will be subject to injunctive relief.
Without the express written consent from MILLER EDGE, Users are not permitted to copy (other than for displaying on a single monitor of a computer accessing this Application over the Internet), download, modify, distribute, transmit, publish, create derivative works from, print or sell any Licensed Property for any reason or for any purpose. Users are further expressly prohibited from sharing any information regarding or derived from the Application with any competitor of Miller Edge. User acknowledges that any reliance upon the Licensed Property shall be at User’s risk, except as otherwise required by law. MILLER EDGE reserves the right, in its sole discretion, and without any obligation, to correct any error or omission in any Materials on this Application or to change any drawings, specifications, programs or other information without notice.
Although MILLER EDGE believes the information available on this Application is accurate, MILLER EDGE does not warrant or endorse the accuracy or reliability of Materials contained on, distributed through or linked to or downloaded or accessed from this Application. In particular, but without limitation, Users are solely responsible for their own multipliers and pricing of Products sold through or with the aid of the Application, as well as for any errors made in entry of orders through the Application, including but not limited to requested options or configuration of the Products ordered.
Any purchase by User or its customers of any products or services manufactured or supported by MILLER EDGE shall be subject to all of the standard terms and conditions set forth in MILLER EDGE’s contract documents in effect at the time of such purchase.
COPYRIGHT AND TRADEMARKS
All of the Materials on this Application are protected by applicable copyright laws. The terms set forth in the PERMISSION TO USE, LICENSE GRANT and RESTRICTIONS sections above, provide and define a limited license to such copyrights. The trademarks, logos and service marks displayed on this Application (collectively, the “Marks”) are the property of MILLER EDGE. Users are prohibited from using any Mark for any purpose not specifically allowed by the limited authority granted by these Terms, without the express written consent of MILLER EDGE.
The license granted by these terms will terminate immediately, and without notice from MILLER EDGE, if in MILLER EDGE’s sole discretion, a User fails to comply with any term or provision of these Terms. Upon termination, the User must immediately destroy all Materials, including any derivative works that are the product of the Materials, and must discontinue any further use of the Licensed Property or any derivative works obtained either directly or indirectly from access to the Licensed Property specifically, or through the User’s access to this Application generally. MILLER EDGE reserves the right to terminate any User immediately in its sole discretion for any reason.
LINKED INTERNET WEB APPLICATIONS
MILLER EDGE may provide Internet links to other Web sites for User’s convenience. MILLER EDGE does not endorse or accept responsibility for any such Web site. MILLER EDGE makes no representations about any Web Application a User may access through MILLER EDGE’s Application. Web sites which may be linked to this Application are owned and operated independently of MILLER EDGE. As a result, MILLER EDGE has no control over the products, materials, services or other information contained in or available through these third-party Web sites. The quality and reliability of these third party Web sites may vary as they are updated or altered. The User acknowledges that access to any other Web sites linked to this Application is at the User’s own risk.
EXCEPT FOR EXPRESS WRITTEN WARRANTIES FOR MILLER EDGE’S PRODUCTS DESCRIBED ON THIS APPLICATION, TOGETHER WITH THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS, PROGRAMS AND OTHER RESOURCES AVAILABLE FROM THIS APPLICATION, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND THIS LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. MILLER EDGE DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND MILLER EDGE DOES NOT WARRANT THAT THE DISSEMINATION OF THE MATERIALS, DRAWINGS, SPECIFICATIONS OR PROGRAMS WILL BE ERROR FREE OR UNINTERRRUPTED. MILLER EDGE DOES NOT WARRANT THAT THE MATERIALS, DRAWINGS, SPECIFICATIONS, PROGRAMS OR THE SERVER THAT MAKES THEM AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. MILLER EDGE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, DRAWINGS, SPECIFICATIONS OR PROGRAMS, AND THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MILLER EDGE BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM PERFORMANCE, INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS, DRAWINGS, SPECIFICATIONS OR PROGRAMS) ARISING OUT OF OR RELATED TO THESE TERMS OR ANY NEGLIGENCE BY MILLER EDGE WITH RESPECT TO THE APPLICATION OR THESE TERMS, EVEN IF MILLER EDGE OR ANY PROVIDER OF THE MATERIALS, DRAWINGS, SPECIFICATIONS OR PROGRAMS HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO THE USER. IN NO EVENT SHALL MILLER EDGE’S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS APPLICATION OR FOR PURCHASING MILLER EDGE’S PRODUCTS.
The User agrees to indemnify and hold MILLER EDGE and its affiliates harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited to, attorneys’ fees) arising from the User’s misuse of the Licensed Property or other violation or breach of these Terms, arising from the User’s violation of any third party’s rights including, but not limited to, copyrights, proprietary and privacy rights, or arising from User’s violation of any applicable federal, state or local law, regulation or ordinance. This indemnification and hold harmless obligation will survive the termination of any rights granted under these Terms.
APPLICABLE LAW; FORUM
The User’s access to and use of this Application and any Materials, Drawings, Specifications or Programs available on or through this Application are subject to and shall be governed by and construed in accordance with all applicable federal laws of the United States and applicable laws of the Commonwealth of Pennsylvania and local governmental entities. MILLER EDGE and User irrevocably consent to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania and the federal courts situated in the Eastern District of Pennsylvania, in connection with any action arising under or in connection with these Terms or relating to the User’s access of this Application, or any Materials, Drawings, Specifications and Programs available on or through this Application.