Legal

Privacy

Scott Miller, Inc. (SM or Scott Miller), has created this web site privacy policy in order to demonstrate our firm commitment to your online privacy. The following discloses our information gathering and dissemination practices for SM websites ("Sites"). Please note that when you access any external links from Klein SM ‘s Sites (including any SM partner/subsidiary Sites), they may have different privacy policies specific to those Sites. We encourage you to read all privacy policies posted on the web sites that you visit.

1. Personal Information Collection

SM may collect personal information like name, telephone number, e-mail address, date of birth, home or business and mailing address when you access certain areas of the SM Sites that require registration for certain services, or if you require more information about those services. If you decide to purchase our products or services, our third-party services providers may need to collect certain additional information, like your credit or debit card number and expiration date, bank routing and account number.

Device Information. When you are connected to our services via custom applications (apps), we may collect device-specific information such as your device model, operating system, unique device identifiers, and mobile network information. We may associate your unique device identifier or phone number with information that you may have used to register for certain services or purchase products. Server logs that are maintained by us or by our third-party service providers may contain information about the services that you have used, and your device-specific information. We may also maintain digital communication logs that track information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information. We may use your device's IP address or MAC address to track device-event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.

Specialized Information. We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches. Certain services may include a unique application number in connection with the installation of apps. This number and information, including, without limitation, operating system type and app version number may be sent to our service providers when you install, update or uninstall apps. We may also collect and process information about your actual location.

At other times, SM may collect information that cannot be used to identify you. For example, we may aggregate non-personal information about you and other customers who visit our Sites. Aggregated information will not contain any information that can be linked directly back to you.

2. How SM Collects Personal Information

SM may use any number of tools to collect information about you, your computer access points, mobile devices, and the web browser that you use to connect to our Sites or digital applications. For example, "cookies" are tiny text files that we place on your computer or mobile device when you visit our Sites. We may use cookies to personalize your interactions with our Sites. You do not have to accept our cookies and you may set your browser to restrict their use and you may delete them after they have been placed on your computer or mobile devices. If you do not accept or delete our cookies, some areas of our Sites may take more time to work, or may not function properly. Under the laws of certain countries, cookies may be served, as long as individuals have provided their consent, having been given clear and comprehensive information, in particular about the purposes for which their personal data will be processed. Effective consent may be provided by using your browser settings, as long as you take positive action. Before using SM Sites, you are advised to check your current browser settings to ensure that the settings reflect your consent for SM to place cookies on your devices.

SM may also collect additional information from your web browser each time you visit one of our Sites. We may collect information about the pages that you visit and the time spent on each web page or area of the Sites, the promotions or advertisements that you click on, and other actions that you take while using our Sites. This information may include your Internet Protocol ("IP") address, the type of browser, the time that your browser was used to access our Sites, and the referring web site's address.

Our Internet service providers may also use other standard web-based technologies to analyze your movements while accessing our Sites. The technologies include web "beacons", "pixel tags", and "clear gifs". These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our Sites, and help determine the best use for Sites content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet service provider's server logs, and may be available for extended periods of time.

3. Choice

SM allows you to choose (opt out) whether your personal information is to be disclosed to a non-related third party for purposes other than SM-related communications, business or services. For sensitive personal information, e.g., financial information, SM will give individuals the opportunity to explicitly (opt in) consent to the disclosure of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. SM shall treat sensitive personal information received from an individual the same as the individual would treat it.

4. Our Use and Disclosure of Your Personal Information

At times SM may use the services of independent companies to provide certain services to you, including, without limitation, website hosting services, credit card processing, product promotions, order processing and shipping services, and visitor surveys. SM may share your personal information with the Internet service providers as appropriate under our business models. We do not share personally identifiable information with non-related third parties without your consent, except to the extent necessary to complete your request for products and services offered through the SM Sites.

SM may use your personal information to contact you via mail, e-mail, or mobile device in order to give you updates about SM's special events, new services, payment confirmations, current information regarding our products, or other promotions that may be of interest to you. We also use return e-mail addresses to answer the e-mail we receive from you. Your e-mail address will not be shared with non-related third parties for use with their direct marketing programs, other than to comply with US laws. We may also use your IP address, or unique devices identification numbers to help protect SM and our Internet service providers from fraud.

Additional uses of your non-personal and personal information will allow us to tailor products and services specific to your needs, to help organize and manage our relationship with you or your business, to conduct business, to provide you with customer and guest support, to perform functions that are described to you at the time of collection, and to enforce our Site’s Terms of Use. We reserve the right to provide non-personal identifying information, such as aggregate data, to third parties.

We may also use non-personal aggregate information to improve our Sites. For example, our Internet Service providers may report to us that there were a particular number of visitors to a certain area of our Sites, or that a certain number of businesses or a certain number of individuals completed our registration forms in particular areas of our Sites. Such information may also be used to analyze the effectiveness of our business and advertising models.

If you submit a resume or seek to fulfill other staffing requirements, we will use that information solely in connection with your application for current or future staffing requirements, and we may also share your resume or application information with our business partners or affiliates that have staffing requirements for which you may be qualified.
SM may also disclose your personal information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agencies; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, suppliers, and customers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. We may disclose your information in connection with the sale or merger of a SM company or any transaction that involves the sale or assignment of some or all of our assets.

5. Data Storage and Security

SM makes reasonable efforts to ensure that our Internet service providers have implemented physical, electronic, and procedural security measures to assist with safeguarding your personal information, and to help protect against unauthorized access and disclosure. Only our authorized personnel and our Internet service providers who perform legitimate business functions for SM are authorized to access your personal information. Notwithstanding our efforts, the Internet has inherent security risks. SM cannot promise, and you should not expect, that your personal information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your personal information or any username or password that you are required to use to access services on our Sites.

6. Children and Data Collection

SM's Sites are general audience Sites. SM's Site content is not directed toward children who are under the age of 13. We do not knowingly collect personal information from children or minors. If SM or its Internet service providers become aware that a child has provided us with personal information without parental consent, that information will be deleted from our databases. If you have questions about personal information that may have been submitted by a child, please email us at privacyofficer@scottmillerstyle.com

7. Notice to California Residents

We will not share any personal information about you with non-related third-parties for their direct marketing purposes to the extent prohibited by California law, unless you agree otherwise as authorized by your prior written consent.

California residents have the right to request information from us regarding the manner that we may share personal information with affiliated companies and third parties for their direct marketing purposes. To find out what and how we share such information, you may send us an e-mail request at privacyofficer@scottmillerstyle.com or mail a request to:

Privacy Officer,
SM Corporate Headquarters
3340 Monroe Avenue
Rochester, NY 14618, and receive the following information:

A.    The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year, if any;
B.    The names and addresses of the third parties who received information for their direct marketing purposes; and
C.    Examples of the products and services subject to the third-parties’ direct marketing programs, if the nature of the third parties’ business cannot be determined from their names.

8. How You May Access and Change the Information that SM Collects

The first time that you provide us with registration information through our Sites, you may be offered the opportunity to subscribe to and receive additional information about our products and services. After your first use, you can change your initial choices by contacting our customer service e-mail at privacyofficer@scottmillerstyle.com. Each commercial e-mail that we send to you will offer you the opportunity to opt-out of continuing to receive such messages. We may take up to 10 business days to process your opt-out requests. In some instances, we may have already shared your information with one of our authorized third parties before you changed your information preferences, and you may briefly continue to receive e-mail even after you have opted out. FTC e-mail compliance guidance allows us to send you transactional and relationship e-mail without offering you the opportunity to opt-out of receiving those types of e-mail. You may also write to us at:

SM, Attn: Privacy Officer
3340 Monroe Avenue
Rochester, NY 14618

For those Site users located in Canada, we are required by law to advise you that your personal information may, at times, be accessible by individuals who are located worldwide. By providing us with your personal information, you are consenting to our use of it in accordance with SM’s privacy policy, including the transfer of your personal information across international boundaries to jurisdictions anywhere in the world as permitted by local law, including, without limitation the United States.

9. Data Integrity

SM will only process personal information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by you. To the extent necessary for those purposes, SM will take reasonable steps to ensure that personal information is accurate, complete, current and reliable for its intended use.

10. Enforcement

SM uses a self-assessment approach to assure compliance with this privacy policy and periodically verifies that the policy is accurate, comprehensive for the information intended to be covered, by our privacy principles. We encourage interested persons to raise any concerns using the contact information provided and we will investigate and attempt to resolve any complaints or disputes regarding the use and disclosure of personal information in accordance with the principles.

11. General Information and Privacy Support Contact

SM may update this privacy policy from time to time, and you should take the time to review it each time that you visit one of our Sites. SM is committed to protecting your personal privacy. If you have questions or comments about our efforts to protect your personal privacy, or if you require additional information about SM’s privacy commitment, please contact us at privacyofficer@scottmillerstyle.com.

Terms of Use

Scott Miller, Inc. ("SM", "we", "our" or "us") and its wholly–owned affiliates maintain websites (the "Sites") which provide services and information to you subject to the following terms and conditions ("Terms of Use"). These Terms of Use govern your use of the Sites and other digital content services, such as mobile device connectivity. Please read the Terms of Use carefully. Your use of the Sites signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other SM services or business transactions.

ELECTRONIC COMMUNICATIONS

When you visit the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

Trademarks. The trademarks, trade dress, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of SM, its affiliates, its third-party licensors and others. You are not permitted to use any of the Trademarks displayed on the Sites, without the prior, express written consent of SM, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other "hidden text" utilizing SM's or its affiliate's name or Trademarks without the express written consent of SM, its affiliates, or third-party licensors. All rights reserved.

Sites Materials. All Trademarks, and materials displayed on, or contained within the Sites, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the "Materials"), are the property of SM, its affiliates or its licensors and are protected by copyright, trademark, patent and all other applicable intellectual property laws. You acknowledge and agree that the Sites and the Materials are the property of SM, its affiliates and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Sites or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of SM or its affiliates without the express written consent of SM.

Any copies that you make of the Materials must retain all our copyright and other notices. Except as expressly provided for in this Terms of Use, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Sites, including, but not limited to, any Materials, in whole or in part, to any third party; (ii) participate in the transfer, license or sale of any content on the Sites, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Sites, including, but not limited to, the Materials. No portion of the content on the Sites may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

PERMISSIBLE USE

You agree that you shall not use the Sites: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Sites; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Sites, other websites, or the Internet. We reserve the right to terminate your use of our Sites for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Sites for illegal purposes.

YOUR OBLIGATION

By using the Sites, you represent and warrant that: (i) you are the age of majority in your place of residence, and have the power and authority to accept this Terms of Use and to enter into this agreement with SM; (ii) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Sites; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Sites.

If you are under the age of majority, you may use the Sites only with permission and involvement of a parent or guardian. SM and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

SUBMITTING OR POSTING CONTENT

The Sites may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Sites or others ("Post"; Posting or "Postings"). By Posting, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary, releases, copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide, and your Posts will not be returned to you, and will not be treated as confidential information.

Postings do not reflect the views of SM or its affiliates. We do not have any obligation to monitor, edit, or review any Postings on the Sites. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Sites. At its sole discretion, SM reserves the right to remove any Posting from the Sites.

NO ENDORSEMENT OF THIRD PARTY SITES

The Sites may contain links to or references to third party websites, resources and advertisers (collectively, "Third Party Sites"). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall SM be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. SM also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Sites. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.

COPYRIGHTS AND DIGITAL MILLENNIUM COPYRIGHT ACT

Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on our Sites. Our designated agent is SM’s General Counsel. Our General Counsel can be reached at dmca@scottmillerstyle.com, or via U.S. Mail at: SM General Counsel, 3340 Monroe Avenue, Rochester, NY 14618.

DMCA Infringement Notification. To be effective, your infringement notification must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted 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.
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: "I have 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
6. The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

1. SM will remove or disable access to the content that is alleged to be infringing;
2. SM will forward the written notification to the alleged infringer; and
3. SM will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification. Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from SM, the alleged infringer will have the opportunity to respond to SM with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to SM's designated copyright agent, and must include the following:

1. A physical or electronic signature of the alleged infringer;
2. 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 disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is outside of the United States, or any judicial district in which SM may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network.

TERMINATION / REMOVAL

SM may, in its sole and absolute discretion, terminate your password, account (or any part thereof) or your access to the Sites, or remove and discard any of your Postings, communications transmitted by you, or information stored, sent, or received via the Sites without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Sites with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Sites, (iii) any other access or use of the Sites except as expressly provided in these Terms of Use, (iv) any violation of the Terms of Use or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the Sites, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Sites, (vi) failure to use the Sites or portion thereof on a regular basis, or (vii) submitting Postings that are off topic or not in accordance with the mission or best interest of the Sites. Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which SM may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to SM and its licensors.

DISCLAIMER OF WARRANTIES

SM and its affiliates attempt to be as accurate as possible. However, SM does not warrant that descriptions of services or other content on the Sites are accurate, complete, reliable, current, or error-free. Neither SM nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

THE SITES ARE PROVIDED BY SM AND ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, SM, ITS AFFILIATES AND ITS LICENSORS, MAKE NO RESPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. SM AND ITS AFFILIATES DO NOT WARRANT THAT THE SITES, ITS SERVERS, OR E-MAIL SENT FROM SM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SM, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. SM AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITES AT ANY TIME WITHOUT NOTICE.

SM AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE SITES AT ANY TIME WITHOUT NOTICE. SM AND ITS AFFILIAITES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF "COOKIES" AND TRACKING TECHNOLOGY. SM AND ITS SERVICE PROVIDERS MAY USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, AND OTHER TRACKING TECHNOLOGY ("WEB TRACKING TECHNOLOGY"), TO ENABLE SM TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH SITE SESSION. SM MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON–PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED ON THE SITES OR BY SM’S THIRD-PARTY SERVICE PROVIDERS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL SM, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITES, SM’S REMOVAL OR DELETION OF ANY MATERIALS ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF SM OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SM, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THIS TERMS OF USE.

INDEMNIFICATION

You agree to indemnify, defend and hold SM and its affiliates, and their respective officers, directors, owners, employees, agents, information providers and licensors (collectively the "Indemnified Parties," or individually, "Indemnified Party") harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorney's fees) arising out of or incurred by any breach by you of this Terms of Use. SM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with SM's defense of such claim. SM and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, this Terms of Use or the Sites.

RELEASE

All users of our Sites acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the Sites, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney's fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. SM reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Sites.

LIMITATIONS ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Sites or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by SM or its affiliates to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

DISPUTES

Any dispute relating in any way to your visit to the Sites shall be submitted to confidential arbitration in the exclusive jurisdiction of Rochester, NY, except that, to the extent you have in any manner violated or threatened to violate SM’s intellectual property rights, SM may seek injunctive or other appropriate relief in any state or federal court in Rochester, NY, and you consent to such exclusive jurisdiction and venue. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction in Rochester, NY. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.

Each party hereby consents (a) to the exclusive jurisdiction of the courts in Rochester, NY for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.

SITE GOVERNANCE AND SEVERABILITY

Please review other policies posted on the Sites. These policies also govern your visit to the Sites. If any provision of this Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

CHANGES TO THE TERMS OF USE

We reserve the right to amend the Terms of Use, and to modify, add or discontinue any aspect, content, or feature of the Sites. Such amendments, modifications, additions and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Sites, via e-mail or any other means. You agree to the new posted Terms of Use by continuing your use of the Sites. You agree to review the Terms of Use periodically and your continued use of the Sites following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your sole and exclusive remedy is to discontinue using the Sites.
Last updated on June 1, 2017.

Legal

Copyright Notice

Scott Miller, Inc. (SM)  owns or licenses all materials on this Site ("Materials"). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may view and download the Materials only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other web site or networked computer environment for any purpose is prohibited.

Use of Software

Any software that is available on this Site ("Software") is the copyrighted work of SM and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, SM DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

U.S. Government Restricted Rights: The Software available on this Site and accompanying documentation that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisition Regulations Supplement 252.227-7013.

Links to Other Websites

Links to other web sites are provided solely as a convenience to you. SM does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.

Site Information and Disclaimer

SITE INFORMATION REGARDING SM PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY SM WITH RESPECT TO ANY PRODUCT OR SERVICE AND SM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.

IN NO EVENT SHALL SM, ITS AFFILIATES, SUPPLIERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AVAILABLE ON THIS SITE.

Limitation of Liability

IN NO EVENT SHALL SM, ITS AFFILIATES, OR ITS SUPPLIERS AND LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT SM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Applicable Laws

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the Federal or State courts located in the State of New York and you irrevocably agree to submit to the jurisdiction of such courts. You further agree to indemnify, defend and hold harmless SM and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Site. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not effect the validity and enforceability of any remaining provisions.

SM makes no representation that Materials, Software, products or services on this Site are available outside of the United States. You may not use, export or re-export the Materials, Software, products or services on this Site in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.

Trademarks

SM trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, but not limited to Scott Miller, are trademarks of Scott Miller, Inc. in the U.S. and/or other countries.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SM Corporation or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that SM Corporation will aggressively enforce its intellectual property rights to the fullest extent of the law.

Revised June, 2017