Effective as of May 2019
1. IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "you" or "user" or with "your") AND ATLANTIC AUTOMOTIVE CORPORATION (referenced herein as "MileOne") THAT APPLIES EACH TIME YOU USE OR ACCESS A MILEONE WEBSITE (AND ANY SOCIAL MEDIA SITE AND MOBILE VERSIONS THEREOF) (referenced collectively herein as the "Site"). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT ("TOU") AS THEY GOVERN YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THIS TOU, YOU ARE NOT PERMITTED TO USE OR OTHERWISE ACCESS THE SITE.
2. LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any commercial or unauthorized purposes.
3. LICENSE GRANT RESTRICTIONS. This TOU provides only a license and not an assignment or sale. MileOne transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, MileOne reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, display, publish, remove, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by MileOne) of the Site.
4. USER OBLIGATIONS. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. By accessing or using the Site, you represent that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials to or through the Site, including, without limitation, when you provide information via registration or submission form or in connection with the Job Seeker functionality (described below). Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of (this TOU by) their parent or legal guardian and then solely under such parent or legal guardian's account. You also represent that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
5. ACCOUNT. You may be required to register to use the Site and establish an account for access to the Site generally, or to the available Job Seeker functionality (as such terms are defined below). Each registration is for a single individual person (or entity) only, unless otherwise expressly agreed upon by MileOne. Registration for access to and use of the Site may also require access credentials, such as a password or adherence to other particular access requirements as designated by MileOne in its sole discretion from time to time. You hereby agree to consider the information associated with your account and its respective access credentials as confidential information. You shall use no less than reasonable effort to maintain the confidentiality of such information and agree not to disclose such information to any third party without the prior express written consent of MileOne, which may be withheld in its sole discretion. In addition, you agree to assume all responsibility concerning your use of the Site, including being held responsible for any and all activity occurring through your user name and password (and the related account access). In particular, you are responsible for the actions or omissions of any individual utilizing your account, and agree to cooperate with MileOne with respect to ensuring adherence to this TOU. You shall immediately notify MileOne if you suspect or become aware of any loss or theft of your password or any unauthorized use of your user name and/or password.
6. YOUR ALLOWANCES AND GRANTS TO MILEONE; USER CONTENT. You grant to MileOne for any lawful purpose and without any additional approval or consideration, a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, fully paid, worldwide right and license to use the data and content, including your image (or likeness), photograph, or any information or communications you submit (or provide) through the Site or that is gathered by MileOne in connection with your use of the Site (collectively, "User Content"). You represent and warrant that you have all necessary rights or permissions to upload, share, display, or transmit all User Content in accordance with all applicable laws and regulations.
7. JOB SEEKERS. If you use the Site to upload your resume or profile, receive updates on the latest career opportunities, or to search for or apply to job openings, such a user shall also be referred to herein as a "Job Seeker." Job Seekers can use the Site to upload or add User Content (including resume and other information about potential job opportunities), search job openings, apply for a job opening, and/or receive alert emails (or other available communication method(s)) related to job openings. The Site may offer opt-out options for certain features or functionality available to Job Seekers. Job Seekers, however, acknowledge that searching or applying for a job opening will require submission of information, including a resume or other related information, and hereby consent to the use and sharing of such information (including only portions of such information) by MileOne. If you are interested in career opportunities, but are not ready to apply to a position, you can choose to join the MileOne Talent Network and receive updates on the latest career opportunities. Joining the Talent Network will require submission of information including contact information, desired position(s), and interest level and you consent to the use and sharing of such information by MileOne.
8. FEEDBACK. MileOne further welcomes your feedback and suggestions about MileOne's products or the Site, or with respect on how to improve the Site. By transmitting any suggestions, information, testimonials, material, or other content (collectively, "Feedback") to MileOne, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to MileOne and enable MileOne to use such Feedback. In addition, any Feedback received by MileOne will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right, and license from you for MileOne to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed, for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
9. PRIVACY POLICY. Use of the Site requires the submission of certain information, including personally identifiable information, and can facilitate the receipt of email and texts. Please see MileOne's Privacy Policy for a summary of MileOne's personally identifiable information collection and use practices.
10. PROPRIETARY RIGHTS. The Site is owned by Atlantic Automotive Corporation and/or its licensor(s). © 2019 Atlantic Automotive Corporation and/or its licensor(s). All rights reserved. MILEONE, the MILEONE logo, and all other names, logos, and icons identifying MileOne and its solutions, products, and services are proprietary trademarks of Atlantic Automotive Corporation and/or its licensors, and any use of such marks without the express written permission of MileOne is strictly prohibited. Other services, products, or company names mentioned or displayed may be the trademarks and/or service marks of their respective owners.
11. LINKS TO OTHER SITES. The Site may connect to certain third-party websites, services, offerings, advertisements, or online networks or social media platforms (collectively, "Third-Party Sites"). All Third-Party Sites are owned, controlled, and/or maintained solely by third parties over whom MileOne exercises no control. These links do not imply an endorsement with respect to any Third-Party Site(s) or the information, products, or services provided by any Third-Party Site(s). MileOne encourages review of the applicable terms, conditions, or notices governing use of these Third-Party Sites. Your correspondence or any other dealings (including any transactions) with third parties found through any Third-Party Site(s) is solely between you and such third party.
12. DISCLAIMER. THE SITE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE STATE LAW IMPLEMENTATION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (INCLUDING ANY AVAILABLE REMEDIES OR LAWS) SHALL NOT APPLY TO THIS TOU AND IS HEREBY DISCLAIMED. MILEONE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE (AND ANY THIRD-PARTY COMPONENTS) WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. MILEONE (AND ITS PROVIDERS OF THIRD-PARTY COMPONENTS) EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MILEONE ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY, OR AVAILABLE THROUGH, THE SITE.
13. LIMITATION OF LIABILITY. YOU EXPRESSLY ABSOLVE AND RELEASE MILEONE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND MILEONE'S CONTROL, INCLUDING AS CAUSED BY ANY THIRD-PARTY SOFTWARE OR HARDWARE. MOREOVER, IN NO EVENT SHALL MILEONE (OR PROVIDERS OF THIRD-PARTY COMPONENTS) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE (OR ANY THIRD-PARTY COMPONENT). NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF MILEONE FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SITE, AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER. THE TOTAL LIABILITY OF MILEONE IS LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO MILEONE DURING THE PRIOR SIX (6) MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE SITE.
14. INDEMNITY. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MileOne and its subsidiaries, and their respective directors, officers, board members, employees, agents, successors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to all legal fees and expenses) arising from your violation of this TOU or your negligent actions or omissions.
15. ARBITRATION. You agree that all disputes between you and MileOne (whether or not such dispute involves a third party) with regard to your relationship with MileOne, including, without limitation, disputes related to this TOU, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you and MileOne hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor MileOne will participate in a class action or class-wide arbitration for any claims covered by this TOU. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if MileOne is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
16. GOVERNING LAW. This TOU has been made in, and will be construed and enforced in accordance with, the laws of the State of Maryland, as applied to agreements entered into and completely performed in the State of Maryland. A printed version of this TOU, and of any related notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this TOU, to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this TOU or contact MileOne if you wish to receive a printed copy of this TOU.
17. ENFORCING SECURITY. You may not use the Site or any of MileOne's data, systems, networks, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using MileOne's data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a MileOne system or network, circumventing any MileOne security or authentication measures, monitoring MileOne data or traffic, interfering with any MileOne services, collecting or using from the Site email addresses, usernames, or other identifiers, collecting or using from the Site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against MileOne or its data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. MileOne reserves the right to view, monitor, and record activity on the Site (including through your account) without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site, as well as to disclosures required by, or under applicable law, or related government agency actions. MileOne will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, MileOne reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation or access to the Site, or any portion of the Site in order to protect the Site or MileOne.
18. INJUNCTIVE RELIEF. Notwithstanding the arbitration provision above, you acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of MileOne proprietary assets, will cause irreparable injury to MileOne. Such injury would not be quantifiable in monetary damages and MileOne would not have an adequate remedy at law. You therefore agree that MileOne shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that MileOne post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to MileOne to enforce any provision of this TOU.
19. TERM AND TERMINATION. This TOU will take (re-take) effect at the time you accept, download, or begin using the Site, whichever is earliest. This TOU will terminate automatically if: (i) you fail to comply with any of its TOU; or (ii) cease all use of the Site. Termination in such event(s) will be effective without notice. In addition, MileOne may in its sole discretion terminate this TOU or your access to the Site, or suspend the Site's performance upon notice to you for any or no reason. Upon termination of this TOU, any and all right(s) to use the Site shall immediately cease and you must promptly delete or destroy all copies of the Site in your possession or control. The provisions concerning License Grant Restrictions, Your Allowances and Grants to MileOne, the Feedback, MileOne's Proprietary Rights, Disclaimer, Limitation of Liability, Arbitration, Governing Law, Indemnity, Enforcing Security, Injunctive Relief, Waiver and Severability, and Entire Agreement will survive the termination of this TOU for any reason.
20. WAIVER AND SEVERABILITY. Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by MileOne of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the licensed rights to MileOne, warranty disclaimers, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
21. ENTIRE AGREEMENT. You and MileOne are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and MileOne as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and MileOne with respect to your individual use of the Site. This TOU may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without the prior written consent of MileOne. Please note that MileOne reserves the right to change this TOU under which the Site and its offerings are extended to you by posting online a revised TOU or mailing and/or emailing notice thereof to you. In addition, MileOne may add, modify, or delete any aspect, program, functionality, or feature of the Site. Your continued use of the Site following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the TOU of this TOU. Accordingly, please review this TOU on a periodic basis.
22. CONTACT INFORMATION. If you have questions regarding the Site or if you are interested in obtaining more information concerning MileOne or its products, services, or solutions, please contact MileOne at (410) 602-6177.