Terms And Conditions
By using this website, SallyMiller.com, you agree to be bound to the following Terms and Conditions. Please be aware that Sally Miller LLC may revise these Terms and Conditions from time to time by updating this posting. Such revised Terms and Conditions will take effect as of the date of posting.
Prices listed on our website are in effect today and are subject to change. We reserve the right to correct any error or omission. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USE OF MATERIALS
Sally Miller LLC maintains this website for your personal entertainment, information, education, and communication. You should assume that everything you see or read on the website (such as images, photographs, illustrations, texts and other materials) ("Content") is the property of Sally Miller LLC and its licensors and partners. Without Sally Miller LLC's prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website or in a networked computer environment. However, you may electronically copy or print pages from this website for personal, non-commercial use, provided that you include a copyright notice on each page.
By submitting and/or posting Content to the website, you automatically grant to Sally Miller LLC a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by Sally Miller LLC or licensed to others by Sally Miller LLC for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting.
As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website.
Sally Miller LLC does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Sally Miller LLC does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If Sally Miller LLC becomes aware of any communication that allegedly does not conform to these Terms and Conditions, Sally Miller LLC may investigate the communication and determine in good faith in its sole discretion whether to remove or request the removal of the communication. Sally Miller LLC has no liability or responsibility to you for performance or nonperformance of such activities. Sally Miller LLC reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
Your use of this website is at your own risk. Sally Miller LLC does not warrant or represent that our Content is accurate, error free, truthful or reliable or that your use of such material will not infringe rights of third parties. Sally Miller LLC does not warrant that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. Sally Miller LLC reserves the right to correct any errors on this website, including pricing errors (in which case you will be given the option to cancel your order). If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, Sally Miller LLC is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SALLY MILLER LLC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Sally Miller LLC does not make any representation about the quality of any product, services, information or other material purchased or obtained by you via use of this website. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
NEITHER SALLY MILLER LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SALLY MILLER LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. As a result, some of the above exclusions may not apply to you.
You agree that Sally Miller LLC may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Sally Miller LLC or any third party, or for any reason with or without notice to you. You agree that Sally Miller LLC may modify or discontinue this website, with or without notice to you. You agree that Sally Miller LLC will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Use of Materials on this Website," "Your Submissions," "Disclaimer," "Limitation of Liability," "General Provisions," "Indemnity," "Trademarks" and "Copyright" will survive termination of this Agreement to use our website.
Sally Miller LLC controls and operates this website from its headquarters in Milltown, New Jersey, United States of America, and makes no representation that the material on the website is appropriate or available for use in other locations. If you use this website from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to our Content may not be legal by certain persons or in certain countries. If any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to its conflicts of law provisions. Any legal action or proceeding relating to your access to, or use of, this website or our Content will be instituted in a state or federal court in MIddlesex, New Jersey, and you hereby agree to submit to the personal jurisdiction of such courts.
You agree to defend, indemnify, and hold harmless Sally Miller LLC, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. Sally Miller LLC shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Sally Miller LLC and others. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Sally Miller LLC or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.
You may receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.