Terms of Use

Last Updated: September 2020

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Miller Development Corp., including its affiliates (“Miller”, “our”, “us” or “we”), concerning your access to and use of the www.miller.group website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, this “Site”).

You agree that by accessing this Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using this Site and you must discontinue use immediately.

Supplemental Terms of Use or documents that may be posted on this Site from time to time are hereby expressly incorporated herein by reference, e.g., the Privacy Policy. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use and incorporated documents at any time and for any reason. 

We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. 

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of this Site after the date such revised Terms of Use are posted. 

The information provided on this Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or special compliance requirement within such jurisdiction or country. 

Accordingly, those persons who choose to access this Site from other locations do so on their own initiative and are solely responsible for compliance with and holding us harmless from such local laws, if and to the extent local laws are applicable. 

Your use of this Site is at your own risk, and it is your responsibility to take precautions to ensure that the pages and other materials are free from viruses, worms, trojan horses, time bombs or other items of a destructive nature. This Site may not be compatible with the web browser or other software you use.

Unless otherwise indicated, this Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on this Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. 

The Content and the Marks are provided on this Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of this Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Miller makes no warranties or representations, either express or implied, with respect to the accuracy or completeness of the contents of this Site and expressly disclaims liability for any errors or omissions therein. Information may be changed or updated without notice. This site may include dated or inaccurate information and may contain technical inaccuracies. Miller makes no commitment to, and specifically disclaims any duty to, update or correct any such information. Miller shall not be liable for damages of any kind arising out of or in connection with the use of this Site. All communications transmitted to this site and to email or physical addresses listed on this site will be treated as non-confidential and non-proprietary.

Provided that you are eligible to use this Site, you are granted a limited license to access and use this Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to this Site, the Content and the Marks.

Names and logos identifying Miller and its subsidiaries are trademarks of Miller or its affiliates.

By using this Site, you represent and warrant that: 

  1. you have legal capacity and you agree to comply with these Terms of Use;
  2. you are not under the age of 13;
  3. you are not a minor in the jurisdiction in which you reside;
  4. you will not access this Site through automated or non-human means, whether through a bot, script, or otherwise;
  5. you will not use this Site for any illegal or unauthorized purpose; and
  6. your use of this Site will not violate any applicable law or regulation.

You may not access or use this Site for any purpose other than that for which we make this Site available. This Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. 

As a user of this Site, you agree not to:

  1. systematically retrieve data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of this Site, including collecting email addresses by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. circumvent, disable, or otherwise interfere with security-related features of this Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of this Site and/or the Content contained therein.
  4. engage in unauthorized framing of or linking to this Site.
  5. use any information obtained from this Site in order to harass, abuse, or harm another person.
  6. use this Site as part of any effort to compete with us or otherwise use this Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  7. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this Site.
  8. attempt to bypass any measures of this Site designed to prevent or restrict access to this Site, or any portion of this Site.
  9. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of this Site to you.
  10. delete the copyright or other proprietary rights notice from any Content.
  11. copy or adapt this Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  12. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses this Site, or using or launching any unauthorized script or other software.
  13. disparage, tarnish, or otherwise harm, in our opinion, us and/or this Site.
  14. use this Site in a manner inconsistent with any applicable laws or regulations.

This Site may contain (or you may be sent via this Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). 

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through this Site or any Third-Party Content posted on, available through, or installed from this Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. 

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave this Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. 

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from this Site or relating to any applications you use or install from this Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. 

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. 

Forward-Looking Statements

Statements made in this Site may include forward-looking statements relating to Miller’s business and financial outlook, which are based on Miller’s current expectations, estimates, forecasts and projections. These statements are not guarantees of future performance and involve risks, uncertainties, estimates and assumptions that are difficult to predict. Therefore, actual outcomes and results may differ materially from those expressed in these forward-looking statements. Readers, therefore, should not place undue reliance on any such forward-looking statements. Further, any forward-looking statement speaks only as of the date on which such statement is made, and Miller undertakes no obligation to update any such statement to reflect new information, the occurrence of future events or circumstances or otherwise. A number of important factors could cause actual results to differ materially from those indicated by the forward-looking statements. Included among these factors are changes in general economic conditions, including changes in the economic conditions affecting industries in which our principal tenants compete, our ability to timely lease or re-lease space at current or anticipated rents, our ability to achieve economies of scale over time, the demand for tenant services beyond those traditionally provided by landlords, changes in interest rates, changes in operating costs, changes in laws and regulations, environmental contamination events, the occurrence of uninsured or underinsured events, our ability to attract and retain high-quality personnel at a reasonable cost in a competitive labor environment, future demand for our assets, our ability to refinance our debt on reasonable terms at maturity, our ability to complete current and future development projects on time and on schedule, market conditions in existence at the time we sell assets, and joint venture and partnership risks.

Use of this Site signifies your agreement to these terms of use.

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