Terms of Service
Last Updated: 1/25/2010
By using the getmilemarker.com web site ("Service"), or any services of Kirei, LLC ("Kirei"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Kirei may, in its sole discretion, modify or revise the Terms of Service at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://getmilemarker.com/terms.html.
- Description of Service. MileMarker is a web-based business planning application from Kirei. Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the internet and that Kirei uses third-party vendors and hosting partners to provide the Service.
- Eligibility. You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and you are responsible for all activities that occur thereunder. Your login may only be used by one person and you are not permitted to share it with others. You may not maintain more than one free account. Kirei reserves the right to refuse service to anyone at any time without notice for any reason.
- Proper Use. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Kirei; use the Service for any fraudulent, illegal, or inappropriate purpose; resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Kirei; use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Beta Period. Kirei is providing a limited time free account registration to use all features currently provided by MileMarker, at no charge. The purpose of this Beta Period is to present features and concepts and, in exchange for free usage, Beta users shall, at their own discretion, provide product suggestions, enhancements, and feedback to Kirei. Usage of MileMarker during this Beta Period is subject to all terms in this Agreement. Kirei will, at its discretion, enable payment systems that require all Beta users during the Beta Period to choose a subscription plan and provide necessary payment information. Any Beta users who do not choose a subscription plan within 30 days of notification of the end of the Beta Period will be assigned to the free account plan, which provides only a limited set of application features. Kirei is not liable for the loss or interruption of Service should the plan be downgraded due to lack of plan choice.
- Payment Terms.
- A valid credit card is required for paying accounts. Free (1-project) accounts created following the Beta period are not required to provide a credit card number.
- An upgrade from the Free (1-project) account to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Kirei does not accept any liability for such loss.
- Modification to Fees and Services. Kirei reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Kirei reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MileMarker Site (http://getmilemarker.com/) or the Service itself.
- Intellectual Property Rights. You acknowledge that Kirei owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Kirei claims no intellectual property rights over the material you provide to the Service.
- Warranties and Liability. Kirei does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Kirei shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kirei has been advised of the possibility of such damages), resulting from your usage of the Service.
- Indemnification. You agree to hold harmless and indemnify Kirei, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Kirei will provide you with written notice of such claim, suit or action.
- The failure of Kirei to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kirei and govern your use of the Service, superceding any prior agreements between you and Kirei (including, but not limited to, any prior versions of the Terms of Service).