Milestone Marketing Solutions Terms of Use

 

This website is owned and operated by Milestone Marketing Solutions, LLC (“Milestone”). These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors information on marketing services. By accessing or using the website or our services, you affirm that you have read, understood, and agree to be bound by these Terms.

We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review this page periodically. Your continued use of this website or our services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Your use of the website is subject to the Milestone’s Privacy Policy (the “Privacy Policy”) which is incorporated by reference.  Our collection, purchase, license, use and resale of personal information in the course of our business are governed by the Privacy Policy.

This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Milestone, and Milestone is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Milestone provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Milestone of the website or any association with its operators.

 

This website and all materials herein or transferred hereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all intellectual property rights related thereto (the “Content”), are the exclusive property of Milestone and may only be used for lawful purposes.  Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Content, and you agree not to sell, license, sublicense, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, redistribute, adapt, edit or create derivative works thereof.  All Content provided by the website is our confidential and proprietary information and we own all intellectual property rights therein.  You agree to protect the confidential and proprietary nature of the Content; and not to decompile, reverse engineer or disassemble it.  You may only use the Content personally. 

DataOne Software is an automotive data source providing data to solution and service providers in North America across many sectors including automotive marketing, transportation, and risk management. 

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to Milestone the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act, please contact:

 

Phone: 1-800-313-1873
Website: www.milestonemarketingsolutions.com
Email: privacy@milestonemarketingsolutions.com
Postal Address: Milestone Marketing Solutions
Att: Dustin Struckman, Chief Data Officer
844 Waterbury Falls Drive, Suite 201
O’Fallon, MO 63368

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) (“User Generated Content”) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the User Generated Content. You agree and consent that the uploaded/transferred User Generated Content may be publicly displayed at the website. You agree that you will not submit or otherwise publish any User Generated Content that: (a) is libelous or defamatory; (b) is obscene, pornographic or otherwise offensive; (c) is abusive or harmful (or threatens to abuse or harm) any person or entity; (d) infringes another person’s or entity’s intellectual property rights or any other rights, including, without limitation, copyrights, trademark or the right of publicity or privacy; (e) violates any law or regulation; (f) advocates illegal activity; (g) advertises a product or service; or (h) solicits funds or solicits goods or services.

You will not use the website for any purpose that is unlawful or prohibited by these Terms.  You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

We may permanently or temporarily terminate or suspend your access to this website without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.

Milestone disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, compatibility, security, suitability, reliability, availability, accuracy, non-infringement, and usefulness, with respect to the website, services, or Content.  We shall not be liable for any errors or omissions in the Content, or for any loss or damage that may result from its use.  The Content is made available to you strictly on an “AS IS”, “AS AVAILABLE” basis.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, EXCEPT AS REQUIRED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

You agree to indemnify and hold Milestone harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third-party due to, or arising out of, or in connection with your use, misuse of, or inability to use the website, Content, or any of the services offered on the website. This indemnification shall be conditioned on us (i) providing written notice within five business days of being notified of any such claim; (ii) providing you with all relevant information and assistance in defense of such claim, and we agree not to make any admission which is or is likely to be materially prejudicial thereto without giving you prior notice of our intention to do so; and (iii) giving you full control of negotiating and defending or settling such claim.  In defending such claim, you shall (i) do so with due diligence and propriety; and (ii) keep us informed of developments.

To the maximum extent permitted by applicable law, in no event shall Milestone, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.


To the maximum extent permitted by applicable law, Milestone Marketing Solutions assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

By providing your email address to Milestone, you consent to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages).  You also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing. If you don't want to receive such promotional materials or notices – please notify us at any time. 

 

Any and all controversies or claims arising out of or relating to these Terms shall be brought,  resolved and determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”). The arbitration shall be conducted by one arbitrator appointed pursuant to the Rules. The arbitration shall be conducted in the State of Missouri, USA. The arbitrator shall use Missouri law to determine the dispute.  The arbitration award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction over the parties or their assets, wherever located, provided however, that notwithstanding the foregoing, a party may seek injunctive, declaratory, or other provisional judicial relief in any applicable court in O’Fallon, Missouri.  The existence and outcome of the arbitration shall remain confidential unless both parties agree to its disclosure.  The prevailing party shall be entitled to full and prompt reimbursement from the other party for all the prevailing party’s reasonable out-of-pocket expenses and costs associated with the arbitration, including but not limited to attorneys’ fees and institutional or arbitrator fees.  Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.  The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class action. Unless both you and Milestone agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

If you are in breach of these Terms or the Privacy Policy, Milestone may suspend or block your access to this website and refuse to provide you with any further access to it.  Failure by either party to exercise any right or remedy under these Terms will not signify acceptance of the event giving rise to such right or remedy nor will it constitute a waiver of such right or remedy.  Each provision of the Terms is severable from the rest of the Terms, and if one part should be found to be invalid, illegal, or void for any reason, it will not affect the validity or legality of any other part, and the remaining parts will continue to have full force and effect.

Milestone will be pleased to assist you with any queries, explanations, or questions concerning these Terms.  You can reach us at:

Phone: 1-800-313-1873
Website: www.milestonemarketingsolutions.com
Email: privacy@milestonemarketingsolutions.com
Postal Address: Milestone Marketing Solutions
Att: Dustin Struckman, Chief Data Officer
844 Waterbury Falls Drive, Suite 201
O’Fallon, MO 63368

Last Modified:

May 12, 2021