AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
CHANGE OF TERMS
Without giving effect to any principles of conflicts of laws, these terms and conditions of use are governed by and construed in accordance with the laws of the State of Wisconsin and the laws of the United States. If any provision of these terms shall for any reason be unenforceable, then that provision shall be deemed severable from these terms and all remaining provisions shall remain valid and enforceable. No waiver of any part of these terms and conditions of use by us shall be deemed a further or continuing waiver of such part or any other part, and our failure to assert any right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision.
This Website is controlled by Millennium from its office in Delavan, Wisconsin, USA. You agree that any action at law or in equity arising out of or relating to these terms shall be filed, the venue properly lies, only in state or federal courts in Wisconsin, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that materials in this Website are appropriate for use in locations outside of the United States. Visitors who are using this Website from other jurisdictions will be responsible for compliance with their local laws.
VISITOR ONLINE CONDUCT
When using our Website, you must agree to use this Website only for lawful purposes and only for intended purposes. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Millennium will fully cooperate with any law enforcement authorities or court order requesting or directing Millennium to disclose the identity of or help identify or locate anyone posting any such information or materials.
You also agree not to disrupt this Website or to interfere with or compromise the security of this Website, or any computer, server, account, network, data, software and/or hardware associated with the Website.
In addition, you agree not to disrupt or interfere with any other visitor’s use of this site and will not attempt to obtain access to any portion of this Website, any computer, server, account, network, software and /or hardware with the Website, from which you are restricted. You agree that you are solely responsible for any actions you undertake while visiting this Website and you will comply with all applicable local, state, national, and international laws and regulations, including federal copyright and export regulations. You warrant that all information that you provide to gain access to the services provided by this Website is accurate and truthful.
All trademarks, copyrights, information, content, and other materials appearing in this Website are owned by and/or licensed to Millennium and its respective clients. All such rights are proprietary to their respective owners. You are prohibited by law and these terms from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Website for commercial or public purposes.
Any unauthorized use or misuse of trademarks, copyrights, or other materials is a violation of Millennium’s intellectual property rights and is prohibited under federal and state law.
No material from this Website may be modified, copied, sold, reproduced, republished, distributed, downloaded, displayed, emailed, posted, transmitted, or sold in any way or in any manner or medium, in part or in whole, without the express permission of the owner. You may download and print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you also retain all copyright and other proprietary notices contained on these materials.
At times, Millennium could display communications and materials supplied by third parties on its Websites. We undertake no obligation or liability relating to the contents of this material. The content/activities supplied by these third parties is owned solely by the respective owners of the content. Millennium, its client and affiliates, and employees are not responsible for the accuracy, completeness, and/or usefulness of the content supplied by these third parties. Do not rely on any content made available on this site that is the property of a third party. You are solely responsible for acting on any such third-party content available on this site. We reserve the right to block or remove any such material from our Website.
Without limiting the foregoing, everything on this Website is provided to you “AS IS” without warranty of any kind either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy. We do not warrant that the functions contained in these materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.
LIMITATION OF LIABILITY
Millennium will not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, special, punitive, and/or consequential damages arising from the use of this Website, any materials on this Website, or inability to use the Website. No Millennium representatives involved in the creating, producing, serving, hosting, maintaining, and/or updating of this site shall be liable, under any circumstances for any damages, including, but not limited to damages coming from errors, omissions, interruptions, defects, corruption of files, deletion of email, mistakes, delay in operation or transmission, line failure, loss of data, viruses, worms or other harmful components that result from the use of or inability to use this site which may have resulted from, but not limited, to acts of God, network failure, hardware or software failure, theft, unauthorized access, your own errors, and/or omissions and any other cause regardless of whether Millennium has been advised of the possibility of these damages.
You further acknowledge and agree that neither we nor our licensees or licensors are responsible or liable for
- any incompatibility between the Millennium Website and any Website, service, hardware, or software or
- any delays or failures you may experience with any transmissions or transactions relating to the Millennium Website in an accurate or timely manner.
The exclusions, limitations, and disclaimers in this section and elsewhere in these terms and conditions of use apply to the maximum extent permitted by applicable law.
Applicable law may not allow the limitation or the exclusion, limitation, or disclaimer of liability or incidental or consequential damages so the above limitations, disclaimers, or exclusions may not apply to you. If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Millennium and its affiliates and clients shall not exceed one hundred U.S. dollars.
CLAIMS OF COPYRIGHT INFRINGEMENT
We at Millennium respect the intellectual property of all and we do anticipate that the users and visitors to our Website will do the same.
Under Title 17, United States Code, Section 512(c)(2) (the digital millennium copyright act (DMCA)), it is Millennium’s policy to respond to clear notices of alleged copyright infringement.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254 .
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:
Kyle Enterprises, LLC
120 S Wright St
Delavan, WI 53115
To be effective, the notification must be a written communication that includes all of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed.
- A description of the copyrighted work that you believe has been infringed.
- The location on the Website of this allegedly infringed material.
- Your address, telephone number, email address, and any other pertinent information sufficient to allow Millennium to contact you.
- A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owners’ behalf.
We may give notice to our users by means of a general notice on the Millennium Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to Millennium that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Millennium may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.