Terms & Conditions

Last updated: July 16, 2022

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://www.mileswithmcconkey.com website (the “Service”, “Website”) operated by Miles with McConkey (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Miles with McConkey and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Miles with McConkey.

Miles with McConkey has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Miles with McConkey shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Financial Information Disclaimer

Miles with McConkey is not a professional financial advisor. Nothing presented on the Website creates a professional relationship between you and Miles with McConkey.

From time to time, the Website may discuss topics related to finance and investing. This information is not advice and should not be treated as financial advice. The financial and investing information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the financial and investing information on the Website.

You must not rely on the information on the Website as an alternative to advice from a certified public accountant, licensed financial planner, or professional financial advisor. There is no accountant-client relationship created from the publication of financial information on the Website. You should never delay seeking financial advice, disregard financial advice, or discontinue professional financial services as a result of any information provided on the Website.

Your Responsibility

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Miles with McConkey makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Miles with McConkey assumes no responsibility for errors or omissions that may appear on the Website.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Use of the Website

Unless otherwise stated, Miles with McConkey owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental, or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow the sharing of content via social media channels, email, or other methods. The use of these plugins or widgets does not constitute any waiver of our intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Miles with McConkey.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website without our express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without our express written permission.

Copyright

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by Miles with McConkey or third parties and are protected by the United States and international copyright laws and should not be reused or republished without express written permission.

Trademarks

Miles with McConkey trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits us.

From time to time, the Website will legally utilize trademarks owned by third parties related to Miles with McConkey services. These trademarks are the respective property of their owners.

Grant of Rights

You grant Miles with McConkey a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant us the right to sub-license these rights and the right to bring an action for infringement of these rights.

Content Contributed to the Website

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Miles with McConkey or a third party.

Miles with McConkey reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on our servers; or, (iii) hosted or published on the Website. We take no responsibility and assume no liability for any content posted by you or any third party.

Notwithstanding our rights under the Terms of Use, Miles with McConkey does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Takedown Requests

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request here and we will remove the image within 24 to 48 hours.

Communication

If you send us an email, register to use the Website, or provide your email to us in any other way, you consent to receive communications from Miles with McConkey electronically. You agree that all legal notices provided via electronic means from Miles with McConkey satisfy any requirement for written notice.

Third Parties

The Website contains links to third-party websites that are not governed or controlled by Miles with McConkey. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Miles with McConkey assumes no control or liability over the content of any third-party sites. You expressly hold harmless Miles with McConkey from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Miles with McConkey harmless from any and all liability in any dispute.

No Warranties

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. We make no representations or warranties in relation to the Website or the information and materials provided therein.

Miles with McConkey makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the website.  We are not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.

Limitation of Liability

Miles with McConkey WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER, CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to defend, indemnify and hold Miles with McConkey, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Miles with McConkey suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

Arbitration

The Terms of Use will be governed and construed in accordance with the laws of the State of Ohio. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Butler County, Ohio. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

Miscellaneous Provisions

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without our prior written consent, however, the Terms of Use may be assigned by Miles with McConkey in its sole discretion.

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Miles with McConkey.

All notices with respect to the Terms of Use must be in writing and may be sent here.

Contact Us

If you have any questions about these Terms, please contact us.