Collection. Our servers are located in the United States, European Union and elsewhere in the world where we have operations. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers in the United States and elsewhere in the world where eBay Inc. has facilities.
We may collect the following personal information:
- email address;
- contact information;
- company information;
- location information;
- other information from your interaction with our site, services, content and advertising including computer and connection information, statistics on page views, traffic to and from the site, ad data, IP address, device ID and standard web log information; and
- other supplemental information from third parties.
Use. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient and customized experience.
You agree that we may use your personal information to:
- provide the services and customer support you request;
- identify and troubleshoot problems;
- encourage a safe environment and enforce our policies;
- customize, measure and improve our services, content and advertising;
- deliver targeted marketing, service update notices and promotional offers based on your preferences; and
- other purposes described to you when we collect the information.
Disclosure. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates the rights of others or protect anyone's rights, property or safety.
We may also share personal information with:
- Members of the eBay Inc. corporate family – like PayPal, Shopping.com or Bill Me Later -- to provide joint content, products and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you have requested their services.
- Service providers under contract who help with our business operations.
- Law enforcement, government official or other third party in response to a verified request relating to a criminal investigation or alleged illegal activity or we believe in good faith that the disclosure of personal information is necessary to prevent physical harm, financial loss or suspected illegal activity.
- Other business entities, should we plan to merge or be acquired by that business entity.
Security. We use lots of tools (encryption, passwords, physical security) to protect your personal information against unauthorized access and disclosure, but as you probably know, nothing's perfect, so we make no guarantees.
Certain features on our site may only be available by accepting cookies.
General. We may update this policy at any time by posting the amended terms on this site. All amended terms automatically take effect when you use the site or after 30 days, whichever is sooner. If your questions are not answered online, you may write to us at: Milo.com Attn: Legal – Global Privacy Practices, 2145 Hamilton Avenue, San Jose, California 95125, or by emailing us at firstname.lastname@example.org.
~Terms of Service
Last Updated: July 1, 2011
On July 1, 2011, the Milo.com User Agreement (the "Agreement") was updated. Please take a few minutes and review the revised Agreement.
Milo.com ("Milo") is now a division of eBay Inc. ("eBay", "we" or "us"). This Agreement is a legal agreement between you and eBay governing your participation on the Milo.com site ("the "Site"), "and any partner site it may operate on which are referred to collectively as the "Milo.com Network." By using or accessing the Site or by registering as a member of the Milo.com Network, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Milo.com Network.
We may update this policy at any time by posting the amended terms on this site. All amended terms automatically take effect when you use the site or after 30 days, whichever is sooner. By continuing to access or use the Milo.com Network after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us. For purposes of this provision,"writing" does not include an email message and a signature doesn't include an electronic signature.
Milo.com, the local shopping division of eBay, provides local retailer product availability and pricing information which is obtained from third party retailers. eBay cannot guarantee the accuracy of pricing, product, inventory or other information that is provided by third parties. eBay does not warrant that such information or any other content, regardless of its source, is accurate, complete, reliable or current. You agree that you will not hold eBay responsible for third party content. The local shopping content and product reviews are provided for informational purposes only and does not constitute an endorsement by eBay of any product, service or merchant. Such content should be reviewed by you and evaluated for accuracy, timeliness, completeness and usefulness, before reliance upon it. You are solely responsible for any actions or decisions you take based on information you obtain from our site.
A Note About Minors.
The Milo.com Network is not targeted towards, nor intended for use by anyone under the age of 18. By using the Milo.com Network, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use access or register for the Milo.com Network. We reserve the right to terminate your membership in the event that Milo.com becomes aware you are under 18.
Registration and Passwords.
Certain features and services on the Milo.com Network require that you register on the site. You agree as a condition of use and registration that we may, but are not obligated to, contact you to inform you of changes to this Agreement or describe new services available on the Milo.com Network. You are responsible for safeguarding the password that you use to access any secure areas of the Milo.com Network. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify eBay of any unauthorized use of your password.
eBay, Milo, and/or members of the Milo.com Network may use geo-location technology (using, for example, your IP address or mobile phone location information) to identify your location to return product availability results relevant to your location. Any data collected by such technology will only be used to provide Milo.com Network’s services.
Shopping and Products.
Milo.com provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products. The products listed on the Milo.com Network are sold by third-party merchants, not by eBay. You acknowledge that eBay does not sell, resell or license any products listed on the Milo.com Network, nor is eBay acting as an agent of sale of products listed on the Milo.com Network. We are merely attempting to make it easier for you to buy from merchants who choose to offer goods using the Milo.com Network. You acknowledge that eBay disclaims any responsibility for or liability related to such products (see Disclaimer of Warranties below). You agree to direct any question, complaint or claim about merchants (for example, about their products, customer service for their products or delivery) to the appropriate merchant or seller.
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title and interest in and to the Milo.com Network and any content appearing on the Milo.com Network will remain the exclusive property of eBay and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use the Milo.com Network or any other content appearing on the Milo.com Network. You may not copy or modify the HTML code used to generate web pages on the Milo.com Network. You may not use the Milo.com Network, or any other content appearing on the Milo.com Network, on or in connection with any other website for any purpose outside of the scope of this Agreement.
Notice for Claims of Intellectual Property Violations and Agent for Notice.
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Milo.com's designated agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Milo.com site, with enough detail that we may find it on Milo.com’s website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Milo.com's agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
Attn: Milo.com Registered Agent
173 W. Election
Draper, UT 84020
Milo.com has adopted and implements a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of Milo.com and/or others.
eBay is not in a position to arbitrate trademark disputes between the advertisers on eBay and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, eBay does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via Milo.com or services Milo provides to eBay, and trademark owners should contact third-party sites directly to resolve trademark disputes.
As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints.
If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on eBay that is consistent with the foregoing, or if you believe that we have improperly used your registered trademark to promote eBay or Milo.com on a third-party website, please provide the following information in a signed letter on company stationery:
- Name of Company
- Contact information (including email address)
- List of registered trademark(s) at issue including a copy of each relevant federal trademark registration certificate(s)
- The identity of the advertisement(s) at issue (via the URL stated on the bottom line of the ad or other identifying information). Please indicate if your complaint is limited to specific advertisers/advertisements or if it is a general objection to all advertisers.
- If certain affiliates or partners are permitted to use your trademark in their ad content, please list the company names in your letter.
- Include the following statement: "I have a good faith belief that use of the trademarks described above with the advertisements described above are not authorized by the trademark owner or its agent, nor is such use otherwise permissible under law."
- Include the following statement: "I represent that the information in this notification is true and correct and that I am authorized to act on behalf of the trademark owner."
- Your signature
Please send this written communication with the above information to the following address:
eBay Inc. Attn: Trademark Agent (Milo.com) 2145 Hamilton Avenue San Jose, CA 95125, U.S.A.
or sent via fax to Fax Number: (408) 516-8811 (Attn: Trademark Agent) or via email to email@example.com.
Upon receipt of notice as described above, eBay will confirm the existence of the federal registration of the trademark in question and will take whatever action, in its sole discretion, it deems appropriate, which may include the removal of the challenged content. In the event that the challenged content has been provided to eBay by a third party and in eBay's sole discretion, we conclude that the content is identical to the registered mark and is used in connection with goods and/or services covered by the trademark owner's federal registration, eBay will provide notice to the third party prior to any removal of content. If prior to such removal, the third party demonstrates that it has its own trademark registration or approved trademark application covering the challenged content, eBay will not remove the content.
Notwithstanding the foregoing, eBay will comply as appropriate with the terms of any court order relating to the behavior of the challenged party identified in such court order.
Abuse of Milo.com Network
Without limiting other remedies, eBay may limit, suspend or terminate the Milo.com service and user accounts, prohibit access to the Milo.com Network, and its content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.
You can cancel your account at any time by contacting Customer Support. eBay can cancel your Milo.com account or otherwise refuse service to you at any time for any reason (including repeat infringement). eBay may choose to assume that you intended to terminate your Milo.com account if you do not access it for more than 3 months. Following termination of your account for any reason (including inactivity), at their sole option, eBay and its licensees may continue or stop publicly displaying some or all of your content on the Milo.com Network.
You agree to comply with all laws and regulations applicable to your access and use of the Milo.com Network and publishing your content. You may not harvest personal data (including email addresses) from the Milo.com Network, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that eBay has no obligation to monitor your access to or use of the Milo.com Network, but has the right to do so for the purpose of operating the Milo.com Network, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access the Milo.com Network or collect information from it.
By choosing to use the Milo.com Network, you agree to indemnify eBay, its affiliates, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) Content you choose to submit, post or transmit through the Milo.com Network; 2) your use of or connection to the Milo.com Network; 3) your violation of the User Agreement; or 4) your violation of any rights of another.
Because we are a venue, in the event that you have a dispute with one or more users (including merchants) of the Milo.com Network, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably release and discharge eBay, our affiliates, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity, concerning, related to or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
eBay is not involved in the actual transaction between buyers and merchants on the Milo.com Network, and has no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of merchants to sell items, the ability of buyers to pay for items, or that a buyer or merchant will actually complete a transaction or return an item.
eBay and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with your usage of the Milo.com Network, our services or this Agreement.
Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
This Agreement is governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the Milo.com Network shall be settled by binding arbitration in Santa Clara County, California in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a Santa Clara County, California court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
If a dispute arises between you and eBay our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBay agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a " Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to https://pointofsale.milo.com/support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Milo.com must be resolved exclusively by a state or federal court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (" ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims - All claims you bring against eBay must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, eBay may recover attorneys' fees and costs up to $1000, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Disclaimer of Warranties.
The Milo.com Network and its services are provided "as is," without express or implied warranty or condition of any kind, and we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We do not promise or warrant that any aspect of the sites or system will work properly or that the information provided is complete or accurate or will be continuously available. The Milo.com Network may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the Milo.com Network, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Milo.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Milo.com Network. In addition, Milo.com does not endorse, warrantor guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the Milo.com Network constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply to you, and you might have additional rights.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by eBay, in its sole discretion, to a third party. You may not assign your obligations to another entity.
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the Milo.com Network. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by eBay.