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Welcome to this website. It is an informational tool
provided and owned by Miller Building Systems, Inc. and/or its affiliated
companies (collectively, "Miller Building Systems"). These Terms and
Conditions of Use ("Terms") govern your use of the mbsionline.com website
and all related pages, information, databases, materials and services
(collectively, the "Site"). If you do not accept these Terms, we
respectfully request that you do not continue use of this Site. Use of this
Site indicates your acceptance of these Terms. Please scroll down this
document to review important provisions regarding arbitration, limitation of
liability, waivers, indemnities, and other important provisions.
License
You may only use this Site if you are at least 18 years of age. These Terms
are a contract between you and Miller Building Systems. By accessing any
portion of the Site, you have a limited license to use its contents for your
personal, non-commercial use according to the Terms. These Terms cannot be
waived or modified by any oral communications between you and Miller
Building Systems. If you have questions regarding these Terms, please
contact Miller Building Systems at
webinfo@mbsionline.com.
Updating Terms
Miller Building Systems reserves the right, at its discretion, to
change, delete, and update portions of these Terms at any time. You
should review these Terms periodically for changes. The Terms can be
accessed from the link at the bottom of each Site page.
If you use the Site after we post changes to the Terms, you agree to the
changed Terms.
If you have an account or other relationship with Miller
Building Systems, that relationship is governed by the agreement specific to
that account or arrangement. The terms of these other agreements are not
altered by these Terms or by any content on the Site, provided that nothing
in these other agreements shall diminish the protections and rights provided
to Miller Building Systems under these Terms. Except as may be expressly
provided in additional terms of use for specific areas of the Site or the
above-referenced agreements, these Terms constitute the entire agreement
between you and Miller Building Systems with respect to the use of Site.
Information regarding Miller Building Systems' Privacy Policy can be found
by
clicking here.
Product Information
Without limiting the disclaimer language in these Terms, the product
information contained on this Site is believed to be accurate at the time of
posting. However, during the model year, it may be necessary to make
revisions. Miller Building Systems reserves the right to make all such
changes without notice, including changes in prices, colors, materials,
equipment and specifications, as well as the addition of new models and the
discontinuance of models shown on the Site. Therefore, please consult with
your Miller Building Systems dealer to confirm the existence of any
materials, design or specifications that are material to your purchase
decision.
Miller Building Systems Website Registration and
Personal Information and Unauthorized Use
When you register, sign-up for, or purchase any Miller Building Systems
products or services, you agree to provide true, accurate, current and
complete information, including, without limitation, passwords, usernames,
login ID's, credit card and financial information, and other personally
identifiable information (collectively, "Personal Information"). You also
agree not to impersonate any person or entity, misrepresent any affiliation
with another person, entity or association, use false e-mail or other
headers, or otherwise conceal your identity from Miller Building Systems for
any purpose.
You agree not to share your Personal Information with
another person. This requirement will assist in preventing unauthorized use
or misuse of the Site and protect you, Miller Building Systems and other
Site users. By using or registering to use the Site, you agree to be
responsible for all statements, transactions, and transmissions that occur
within any Site or Miller Building Systems services through the use of your
Personal Information. You agree that Miller Building Systems is not liable
to you or any third part for any damages or losses related to use of your
Personal Information. If you believe that someone has used your Personal
Information to access any Miller Building Systems services without your
authorization, please contact us immediately at
webinfo@mbsionline.com, Or, COO/CFO/Treasurer, Miller Building
Systems, Inc., 58120 CR 3 South, Elkhart, IN 46517
Restrictions on Use of Miller Building Systems
Materials
Your license to use the Site includes the limited right to view, bookmark,
download and print, for your noncommercial, personal use and information
only, those pages of the Site that interest you. Your use of any materials
or software from the Site is terminable by Miller Building Systems at any
time under the circumstances described in these Terms. You agree to retain
all copyright and other proprietary notices contained on the Site.
The contents and use of the Site (including Miller
Building Systems' name and the logos and software used in the Site) are
registered and/or protected by U.S. and international copyright, trademark,
and other laws. You may not:
- use the Site to transmit, copy, reproduce, republish, upload, post,
transmit, e-mail, or distribute in any way material or content that
infringes any copyright, trademark, proprietary, or other right of any
party or that violates these Terms;
- copy (except as set forth above for noncommercial personal use),
modify, distribute, create any derivative or compilation work from, or
display Miller Building Systems' name or logo, or any text, graphic
images, or other content from the Site or redeliver such content using
framing or similar technology;
- use any device designed to provide repeated automated access to any
Site other than those made generally available by Miller Building
Systems;
- include "Miller Building Systems," "Miller Building Systems," any
other Miller Building Systems trademarked materials, the name of any
Miller Building Systems personnel, or any variation of these items as a
metatag or hidden textual element, or in any other fashion that may
create a false or misleading impression of affiliation, sponsorship, or
endorsement between Miller Building Systems and you, any other party, or
any other website, or otherwise use these items without Miller Building
Systems' express written permission;
- collect or store personal data about other users of the Site;
- upload, e-mail or otherwise transmit to Miller Building Systems or
through the Site or any Miller Building Systems computer network any of
the following: a sexually-explicit image or statement; advertising,
promotional, or other unauthorized communication, including without
limitation, "junk mail," surveys, unsolicited e-mail, "spam," "chain
letters," "pyramid schemes," or other inappropriate or prohibited
materials; and any material that contains viruses, Trojan horses, worms,
time bombs, cancelbots, or any other computer code, files or programs
that might interrupt, limit or interfere with, damage, surreptitiously
intercept or expropriate any system, data or information related to the
Site or any computer software, hardware or communications equipment that
is owned, leased or used by Miller Building Systems;
- create a link to any Site without Miller Building Systems' prior
written permission;
- use the Site to advertise or perform any commercial solicitation;
- use the Site to post or transmit any threatening, false, misleading,
abusive, harassing, libelous, defamatory, vulgar, 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.
Miller Building Systems reserves the right to disclose the
identity of anyone posting or transmitting any information or materials
violating the above prohibitions to law enforcement authorities or pursuant
to any court order requesting or directing Miller Building Systems to
disclose such information.
Miller Building Systems does not represent or guarantee
the truthfulness, accuracy, or reliability of communications posted by
users, nor does Miller Building Systems endorse any opinions expressed by
users or any third parties using the Site. Any reliance on material posted
by other users shall be at your own risk.
Termination, Removal of Materials, and Monitoring
You agree that Miller Building Systems may terminate, restrict, or suspend
part or all of your license to access the Site and delete any content
transmitted to or through the Site, at any time without prior notice to you
and without any liability to you. Miller Building Systems also reserves the
right to take any action relating to user-submitted information that it
deems necessary or appropriate if such information, as determined in Miller
Building Systems' sole discretion, may create liability for Miller Building
Systems, its agents or its contractors or may affect Miller Building
Systems' business relationships or contracts with its agents or its
contractors. Miller Building Systems further reserves the right to remove
any materials that do not conform to these Terms - though Miller Building
Systems shall be under no affirmative obligation to monitor any of the
foregoing or to otherwise screen or monitor any communications or
information prior to their posting. You agree that Miller Building
Systems has the right, but is not obligated, to monitor your use of the Site
and any communications made by you related to such use in any manner. You
release Miller Building Systems from any liability related to its monitoring
activities.
If Miller Building Systems denies you access to the Site, you agree to
destroy all materials obtained from the Site and all copies of those
materials with the exception of your personal customer-account-related
materials.
Website Linking and Cautions About Third-Party
Information Included in Site
For your general informational use only, Miller Building Systems may provide
access to third party websites. Miller Building Systems is unable to verify,
and takes no responsibility for, the contents of any third party website
that may be linked to any Site via hyperlink or otherwise, whether such link
is provided by Miller Building Systems or by a third party (including any
responsibility for the accuracy, timeliness, or suitability of the content
of any third party website to which Miller Building Systems may link). By
providing access to other websites, Miller Building Systems is not
recommending or supporting any third party or endorsing or acknowledging
that it is affiliated with any website's sponsoring organization. Miller
Building Systems does not expressly, or by implication, endorse, recommend,
or make any representations or warranties related to any commercial product,
process or service (whether by trade name, trademark, service mark, generic
description or referral to a distributor or manufacturer) referred to on any
third party site or related to creation of links to such site. Before
relying on any information contained on any third party website, you are
cautioned to undertake your own independent evaluation of its accuracy,
completeness, usefulness, timeliness and correct sequencing, and protections
against potential viruses and other malicious code in downloaded material.
Miller Building Systems may include third party
information in the Site for general informational purposes only. Miller
Building Systems is unable to verify the accuracy or completeness of third
party information posted to the Site or accessible from the Site.
Consequently, you agree Miller Building Systems does not guarantee, and is
not liable to you for, the accuracy, results, completeness, authorship or
suitability of any third party content and Miller Building Systems is not
obligated to maintain, verify, update or post any corrections to such third
party information for any reason. Nothing in the Site referencing any third
parties with whom Miller Building Systems conducts business, and nothing in
these Terms, shall be deemed to create any agency relationship or
affiliation with, or endorsement or sponsorship of, such third parties or
you or make the third parties or you partners or joint ventures with Miller
Building Systems, or otherwise provide you or any third parties with any
rights to act on Miller Building Systems' behalf.
Disclaimers and Limitations of Liability
In using this Site you acknowledge and accept that there are risks,
including, without limitation, the risk of harm of people acting under false
pretenses. You assume all risks associated with dealing with other users
with whom you come in contact through the Site and other parties that use
the Site or your personal information for unauthorized or illegal purposes.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU
AGREE THAT ALL INFORMATION AND CONTENT ON THE SITE ARE FURNISHED FOR GENERAL
INFORMATIONAL PURPOSES ONLY AND THAT THE SERVICES, PRODUCTS, AND SOFTWARE
AVAILABLE THROUGH THE SITE, AND THE SITE ITSELF, ARE FURNISHED TO YOU ON AN
"AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESSED WARRANTY
OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF, OR
REPRESENTATIONS RELATED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SUITABILITY, SECURITY, CORRECTNESS AND NONINFRINGEMENT, OR
COMPLIANCE WITH ANY FEDERAL, STATE, OR OTHER LAW(S)). YOU AGREE THAT MILLER
BUILDING SYSTEMS IS NOT RESPONSIBLE FOR THE CONTINUED AVAILABILITY,
RELIABILITY, ACCURACY, RESULTS OR PERFORMANCE OF THE SITE OR ANY MATERIAL ON
THE SITE, THE PERFORMANCE OF THE INTERNET, THE DOWNLOADING COMPATIBILITY OF
ANY MATERIALS OR SOFTWARE WITH YOUR COMPUTER SYSTEMS, THE EXISTENCE OF ANY
VIRUS, WORM, MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE, OR
FOR THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION BY A PARTY OTHER
THAN MILLER BUILDING SYSTEMS.
WITHOUT LIMITING THE ABOVE LIABILITY DISCLAIMER,
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL
MILLER BUILDING SYSTEMS BE LIABLE TO YOU FOR ANY DAMAGES THAT MAY RESULT TO
YOU FROM YOUR USE OF THE SITE, OR THE MATERIALS AND SERVICES CONTAINED ON
THE SITE (INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY TO YOU CAUSED BY
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE RELATED TO THE SITE,
ANY DESTRUCTION OR CORRUPTION OF YOUR COMPUTER EQUIPMENT OR DATA, OR ANY
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION CONTAINED ON
THE SITE), UNLESS ARISING SOLELY AND DIRECTLY FROM MILLER BUILDING SYSTEMS'S
WILLFUL MISCONDUCT.
IN ANY EVENT, YOU AGREE THAT MILLER BUILDING
SYSTEMS IS NOT LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY,
OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR
PROFITS); AND IN NO EVENT SHALL MILLER BUILDING SYSTEMS'S TOTAL LIABILITY TO
YOU FOR DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ANY ATTORNEYS' FEES),
WHETHER IN CONTRACT, TORT, TRESPASS OR OTHERWISE EXCEED THE AMOUNT PAID BY
YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU LIVE IN A STATE THAT DOES NOT
ALLOW THE WAIVER OF CERTAIN WARRANTIES, LIMITATIONS, OR DAMAGES WAIVERS
DESCRIBED IN THIS SECTION, SOME OF THESE WAIVERS AND LIMITATIONS MAY NOT
APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY MILLER BUILDING SYSTEMS IN
WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST MILLER BUILDING SYSTEMS,
AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR OF
YOUR DISCOVERY SHALL BE DEEMED WAIVED AND RELEASED.
Any references on the Site to product or service
warranties provided by Miller Building Systems related to products or
services already purchased by you are provided for informational purposes
only. These references are not intended to extend, republish, or modify any
warranties that accompanied the products or services at time of purchase or
to create new warranties.
If you provide Miller Building Systems with an email
address for information delivery or otherwise request a non-secure delivery
of information, you agree not to hold Miller Building Systems responsible
for any misuse or unauthorized viewing of that information.
Indemnification
In consideration of your use of the Site, you hereby agree to indemnify
Miller Building Systems (and any of its third party service providers) from
and against any and all claims, losses, liabilities, damages, costs and
expenses (including, without limitation, reasonable attorneys' fees and
costs) arising out of or related to: (i) your (a) breach of these Terms, (b)
violation of any person's or entity's legal rights (including, without
limitation, copyright, patent, trade secret, trademark, or other proprietary
rights, or publicity, contract, moral, or privacy rights) (c) violation of
any applicable law, rule or regulation, or (d) negligence, recklessness, or
misconduct; or (ii) unauthorized use of your Personal Information by a party
other than Miller Building Systems.
Applicable Law and Arbitration of Disputes
Miller Building Systems controls and operates the Site from our offices
within the United States. If you choose to access the Site from other
locations, you do so at your own risk and initiative and are responsible for
compliance with any applicable local laws. You agree that the laws of the
State of Indiana (excluding any choice of law rules) govern your rights and
obligations relating to Miller Building Systems and your use of the Site.
Any and all disputes arising under or relating to this Site shall be finally
resolved by binding arbitration by a single arbitrator in accordance with
the Commercial Rules of the American Arbitration Association, and judgment
upon such an award may be entered by any court of competent jurisdiction.
The arbitrator will be an expert in the field of Internet services. To the
extent permitted by applicable law, you agree that there shall be no class
action arbitration pursuant to these Terms. Exclusive jurisdiction and venue
for arbitration or any other legal action or proceeding in any way related
to the use of the Site shall be in the state court or district federal court
for Elkhart, Indiana.
Severability
If any provision of these Terms is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms, which shall remain
in full force and effect conforming to Miller Building Systems' intent for
entering into these Terms. No waiver of these Terms shall be deemed a
further or continuing waiver of such term or any other term.
Additional Terms
Certain areas of this Site may be subject to additional terms of use. By
using such areas or any part thereof, you agree to be bound by the
additional terms of use applicable to such areas.
Cautionary Language Regarding Forward-Looking
Statements
This Site contains forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. Investors are cautioned
not to place undue reliance on forward-looking statements, which are
inherently uncertain. Actual results may differ materially from that
projected or suggested due to certain risks and uncertainties including, but
not limited to, the potential fluctuations in the Company's operating
results, the condition of the telecommunications industry which purchases
modular structures, the impact of performance on the valuation of intangible
assets, the availability and the price of gasoline, the Company's dependence
on chassis and appliance suppliers, interest rates, the availability and
cost of real estate for residential housing, the ability of the Housing and
Building segment to perform in new market segments where it has limited
experience, adverse weather conditions affecting home deliveries,
competition, government regulations, legislation governing the relationships
of the Company with its recreational vehicle dealers, the impact of consumer
confidence and economic uncertainty on high-cost discretionary product
purchases, further developments in the war on terrorism and related
international crises, oil supplies, and other risks identified in the
Company's SEC filings. You should not place undue reliance on
forward-looking statements, which speak only as of the date they are made.
Miller Building Systems does not undertake any obligation to publicly update
or revise any forward-looking statements or to confirm such statements to
actual results. Information contained in press releases is only current as
of the date of press release. The information contained on this Site is not
intended to be and should not be construed as an offer to sell or a
solicitation of any offer to purchase any securities.
Copyright Agent for Claims of Copyright
Infringement
Pursuant to the Digital Millennium Copyright Act, Miller Building Systems
designates the agent below to receive notifications of claimed copyright
infringement. If you reasonably believe that your work has been copied in a
way that constitutes copyright infringement, please provide to Miller
Building Systems' designated agent the following information:
- an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been
infringed;
- a description of where the material that you claim is infringing is
located on any Site;
- your address, telephone number, and e-mail address;
- 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
- a statement by you, made under penalty of perjury, that the
information included in your notification is accurate and that you are
the copyright owner or authorized to act on behalf of the copyright
owner.
Miller Building Systems' designated agent
for notification may be contacted at:
COO/CFO/Treasurer, 58120 CR 3 South, Elkhart, IN 46517
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