Terms and Conditions
Effective February 1, 2023
Welcome to Milestone! These Terms and Conditions (the “Terms” or “Agreement”) is made by and between you (“you”, “your”, or “user”) and Milestone Equipment Holdings, LLC (“we”, “us”, “our”, or “Milestone”) as the operator of https://www.milecorp.com/, including the myMilestone customer portal, the mobile versions thereof and any related mobile applications and any services, products, content, and links available through the foregoing and any additional sites we have now or in the future (collectively, the “Site”). Please read these Terms carefully before using or obtaining any content, equipment, products, or services through the Site.
Access to and use of this Site is subject to acceptance of these Terms, which includes and incorporates by reference our Privacy Policy. By accessing, using or obtaining any content, equipment, products, or services on or through the Site, you agree to be bound by these Terms. If you do not accept all of these Terms, then you are not permitted to access or use this Site.
You should carefully read the following Terms. Your use of Site implies that you have read and accepted these Terms and are legally bound by these Terms. We may update or change these Terms at any time, at our sole discretion, by posting changes online with or without notice to you. We may also update, modify, or replace the Site, and we reserve the right to discontinue offering access to the Site. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of any part of the Site means you agree to be legally bound by these Terms as updated and/or amended. These Terms supersede any terms and conditions previously posted on the Site. At any time, you are free to print these Terms for your records.
1. Definitions
In this document, terms that commence with a capital letter are defined in this Section or in the preamble
“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. “Content” also includes Marks and Products and Services.
“Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
“myMilestone” means Milestone’s customer portal, which is accessible through the Site.
“Products and Services” means the trailer leasing and rental and other items available through the Site and your myMilestone account, including the transportation equipment such as trailers, chassis and containers leased from Milestone’s affiliates.
“Provider” means the licensors, suppliers and information providers for Milestone.
“User” means an individual who has registered for a myMilestone account and created a User ID and password
“User ID” means the user name you use (with your password) to login to your myMilestone account.
2. Scope and Terms
Site
You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Milestone and its Providers.
These terms do not cover sites, marks, content, products or services that are provided by third parties, and that are available through links from the Site. Their use is subject to the terms set forth by their respective owners or operators on the third party’s website.
Additional Terms
Additional terms apply when you lease, rent or contract for Products or Services. For example, trailer leases and rentals have lease and rental contracts. The trailer rental agreement terms and conditions can be found within the online credit application or can be provided to you by Milestone upon request, and/or your company may already have an executed lease or rental agreement with Milestone that governs the lease or rental of trailers (individually and collectively, “Lease and Rental Agreements”).
You agree to abide by the terms and conditions of all applicable Lease and Rental Agreements, including payment of all amounts when due, and compliance with all rules and restrictions regarding the availability of Products or Services.
3. Use of the Site
License
Subject to the terms and conditions of these Terms, Milestone grants you a limited, personal, nontransferable, non-sublicensable, nonexclusive, revocable, limited license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.
Limitations
You agree that you will not, and will not facilitate, authorize, or permit any other party to do any of the following:
- Attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
- Use any robot, spider, other automatic device or process, or manual process, to monitor, “scrape,” or otherwise copy or duplicate, in whole or in substantial part, the Content;
- Use the Site other than to make legitimate inquiries;
- Imply in any fashion that Milestone is endorsing your products or services;
- Place false or misleading information on the Site;
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
- Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Milestone, other Site users or Users;
- Use the Site or any information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site or any other products or services provided by Milestone or its affiliates;
- Alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site;
- Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment;
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
- Disguise the origin of the information transmitted through the Site.
- Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever except that you may preserve these Terms, the Lease and Rental Agreements and documentation related to the trailer(s) being rented;
- Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
- Reverse engineer, decompile, or modify any part of this Site;
- Sell, offer for sale, transfer, license, or commercially exploit in any way, any portion of the Site in any form to any third parties; or
- Encourage or promote any activity that violates these Terms.
Milestone may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site, including termination of your account.
User ID and Password
Access to certain areas of the Site, including myMilestone, is only available to Users. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply us with such information.
You are responsible for maintaining the security of your User ID and password. This is essential to protect the confidentiality of any information that may be stored in your account. In addition, you will be responsible for all activity on our Site in connection with your User ID. You agree to notify us immediately of any unauthorized access to or use of your User ID and/or password or any other breach of security.
Your User ID is non-transferable and may not be sold or assigned. We reserve the right, in our sole discretion, to suspend or terminate your User ID and/or myMilestone access at any time, without notice or liability to you or any third party. For example, we may terminate your myMilestone account if it does not have any activity for 90 consecutive days. We also reserve the right, in our sole discretion, to impose limits on certain features or services.
Termination
Milestone, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site. Milestone shall not be responsible to you for such suspension or termination.
Changes
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that Milestone shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may also modify these Site Terms, as provided in Modifications
4. Privacy and Communications
Your use of the Site is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you.
Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.
By creating a User ID, logging into myMilestone, or otherwise taking advantage of the products or services we offer through the Site, you consent to the collection, use, and sharing of your information as set forth in our Privacy Policy. Please also note that Milestone may communicate with you regarding your use of the Site or if you contact us. You agree to receive e-mail communications that are necessary for the normal functioning of the Site or for operation of services or provision of information that you have requested, and to promptly comply with any and all such e-mail communications. If you have created a myMilestone account, you also agree to receive electronic communications, including marketing and advertising content, to your account.
5. Services and Content
Availability
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
Content
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure the Content’s quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
Our customer service contact information is provided below. The listing of Products and Services on the Site does not imply or warrant that these Products and Services will be available at any time. In addition, it is possible that certain items on the Site may be mispriced or unavailable, as we may experience lags in posting updates on the Site. .
Viruses
We make reasonable attempts to exclude viruses from the Site but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
6. Links to Third-Party Sites
Outbound Links
For your convenience, our Site provides links to third-party sites. When you click on one of these links, you are leaving our Site and entering another site. We are not responsible for such third -party sites, or the content, accuracy or opinions expressed on such sites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Milestone. Inclusion of any linked third-party site on the Site does not imply approval or endorsement by Milestone. When you access these third-party sites, you do so at your own risk and become subject to any terms of use and/or privacy policies of those third-party sites
Inbound Links
We may authorize, in our sole discretion, links from a third party site to our Site, through a plain text link, provided that (a) you discontinue providing a link to our Site if so requested by Milestone; (b) you do not imply in any fashion that Milestone is endorsing any of your products or service or is affiliated with you, (c) you do not present Milestone in a false light, or provide misleading or false information about Milestone, or its Site or Products and Services, (d) you do not remove or obscure the copyright notices, or other notices on this Site; (e) you do not use any Mark of Milestone; and (f) you do not replicate, frame or mirror the content of the Site. We reserve the right to require you to remove links to the Site, in our sole discretion.
7. Intellectual Property
Ownership rights
This Site and Content are the sole and exclusive property of Milestone or its licensors. Milestone and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site and Content. The Site and Content are protected by copyright and other intellectual property laws. Any unauthorized use, reproduction or modification of this Site may violate such laws. Unless you are the Content owner, you may not copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in any way without the prior written consent of Milestone.
Trademarks
MILESTONE, and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of Milestone and/or its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Milestone or the relevant Provider, except as an integral part of any authorized copy of the Content. Additionally, you may not use our Marks (i) in connection with any product or service that does not belong to us, (ii) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity, or (iii) in any manner that may damage our reputation.
Your Comments and Submissions
Any communications or materials you transmit to Milestone, through the Site, by electronic mail or otherwise, including any data, questions, comments, suggestions, ideas, or the like (“Communications or Materials“) will be treated as non-confidential and non-proprietary. You promise that you own all rights to all Communications or Materials and that your Communications or Materials do not infringe the intellectual property rights, privacy rights, publicity rights, or other rights of any third party.
You may not submit Communications or Materials (i) that is unlawful, tortious, defamatory, vulgar, explicitly sexual, obscene or libelous, or that is threatening, intimidating, hostile, harassing, abusive on the basis of personal beliefs or any other characteristics, or otherwise objectionable or inappropriate; (ii) that you do not have the right to submit or that violates another party’s right, including intellectual property rights, privacy rights, and publicity rights, or any law or regulation.
By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Milestone, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to monitor, review, or answer every comment individually. We may delete any Communications or Materials, in whole or in part, in our sole discretion.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Procedures
Milestone is under no obligation to, and does not, scan third party content used or posted in connection with the Site for the inclusion of illegal or impermissible content. However, Milestone respects the copyright interests of others and, as a policy, does not knowingly permit content that infringes another’s copyright. It is Milestone’s intention to fully comply with the DMCA, including the notice and “take down” provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law. As such, we reserve the right to terminate your use on this Site if you if you infringe third-party copyrights. If you believe any content on the Site infringes a copyright, notify Milestone with a written notice that contains at least the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site and description of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All DMCA notices should be sent to our DMCA Agent as follows:
E-mail: [email protected]
Mailing Address:
Milestone Equipment Holdings, LLC
1520 South 5th Street, Suite 270 St. Charles, MO 63303
Attention: General Counsel
8. Fees
Milestone may charge a fee for the service it provides when you book or reserve Products and Services, or accommodations through the Site. Any such service fee is non-refundable. In addition, you will be responsible for all charges, fees, duties, taxes, and assessment arising out of your use of the Products and Services available from the Site.
9. Transmission of Information.
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not, responsible for the security of information that you choose to communicate with Milestone while it is being transmitted. In addition, Milestone is not responsible for any data lost during transmission
10. Disclaimer of Warranty
Milestone and its Providers make no warranty of any kind regarding the Site, Content, and Products and Services, all of which are provided on an “AS-IS” and “AS AVAILABLE” basis. Milestone and its Providers, to the fullest extent permitted by law, expressly disclaim any representation or warranty, express or implied, including warranties of merchantability, non-infringement, fitness for a particular purpose, and that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Products and Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, available, complete or timely. The fact that Milestone is including or offering any Products and Services on the Site is not an endorsement or a recommendation of the Products and Services.
11. Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole risk. Products and Services made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of Milestone.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MILESTONE OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY loss or damage of any kind, including, without limitation, personal injury, death, or property damage, arising out of or relating to your use of the site or otherwise in connection with the site or otherwise in connection with the site. MILESTONE SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES RESULTING FROM YOUR USE OF THE SITE. FOR PURPOSES OF CLARIFICATION, AND NOT LIMITATION, OF THE FOREGOING, MILESTONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF MILESTONE AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above, Milestone or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Milestone and the Providers’ liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
12. Indemnification
You agree to defend, indemnify and hold harmless Milestone and any Provider, and each of their respective officers, directors, employees and agents against all liabilities, losses, damages, and costs (including reasonable attorneys’ and accounting fees) that the indemnified parties may incur based on any claim, cause of action or demand arising our of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we may reasonably request. return to top13. Your Representations and Warranties.
You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country; (ii) you are not listed on any United States government list of prohibited or restricted parties; (iii) you are of sufficient legal age in your jurisdiction to enter this Agreement; (iv) your access and use of the Products and Service does not violate any agreement between you and any third party; and (v) your access and use of the Products and Service do not violate any applicable local, state, national or international law, rule, or regulation in your jurisdiction, including, without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries14. Disputes
Governing Law
This Agreement is governed by the laws of the State of Missouri without regard to its conflict of laws principles.
Informal egotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least forty-five (45) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in St. Charles County or St. Louis County, Missouri. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Arbitration Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of our intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. If for any reason, a Dispute proceeds in court rather than arbitration, the laws of the State of Missouri (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in the State of Missouri (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys’ fees.
15. General
Your acceptance of these Terms, and your use of the Site, do not create a joint venture, partnership, employment, or agency relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. Milestone may, at any time, in its sole discretion and without notice to you, assign some or all of its rights and obligations under these Terms. If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our Site. return to top16. Contact Information
If you have any questions or concerns about these Site Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Milestone, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
E-mail: [email protected]
Mailing Address:
Milestone Equipment Holdings, LLC
1520 South 5th Street, Suite 270
St. Charles, MO 63303
Attention: Legal Department