Miller Thomas

Terms of Use

Effective Date: 18.01.2013

Welcome to Miller Thomas Consulting (“Miller Thomas,” “we,” “us,” or “our”). By accessing or using our website, www.millerthomas.com (the “Website”), or engaging with our consulting services (the “Services”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you must not use our Website or Services.
By checking a box, clicking “I Agree,” or using the Website/Services, you affirm your acceptance of these Terms and agree to comply with all applicable local, state, national, and international laws.

1. Acceptance of Terms
By using our Website or Services, you confirm that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and agree to comply with these Terms. If you are using the Website or Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Services Offered
Miller Thomas provides various consulting services, including but not limited to:
Business strategy consulting
Financial advisory services
Operational improvement consulting
Technology and digital transformation consulting
Risk management and compliance consulting
Descriptions of Services on the Website are for informational purposes only and do not constitute a binding offer. Services are subject to availability and formal agreement via a separate statement of work (“SOW”). In the event of conflict between these Terms and an SOW, the SOW shall govern.

3. Use of the Website
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Website. Prohibited activities include:
Unauthorized access to or use of our systems or data
Distribution of malware or harmful content
Scraping, data mining, reverse engineering, decompiling, or disassembling any part of the Website
Automated scraping, crawling, or data harvesting without prior written consent
Misrepresentation of your identity or affiliation
Miller Thomas reserves the right to remove any user-submitted content that violates these Terms.

4. Intellectual Property
All content on the Website, including text, graphics, logos, images, and software, is the property of Miller Thomas or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without our prior written consent.
Copyright Infringement:
To report copyright infringement, notify our designated agent at [email protected]. Your notice must include:
(a) Your contact information;
(b) A description of the copyrighted work;
(c) The URL of the infringing material;
(d) A statement of good-faith belief that the use is unauthorized;
(e) A sworn statement under penalty of perjury.
Trademarks:
All trademarks, logos, and service marks displayed on the Website are the property of Miller Thomas or their respective owners. Unauthorized use is prohibited.

5. Disclaimer of Warranties
The Website and Services are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to:
The accuracy, completeness, or reliability of any content on the Website or third-party content
The suitability, quality, or effectiveness of the Services for your specific needs
The uninterrupted or error-free operation of the Website
Miller Thomas does not guarantee that the Website or Services will meet your requirements or that any results obtained from using the Services will be accurate or reliable.

6. Limitation of Liability
To the fullest extent permitted by law, Miller Thomas and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Loss of profits, revenue, data, or use
Business interruption or reputational harm
Damages arising from your use of or inability to use the Website or Services
This limitation does not apply to liability arising from gross negligence, willful misconduct, or violations of applicable law.
In no event shall Miller Thomas’s total liability to you for all claims arising out of or related to these Terms, the Website, or the Services exceed the amount paid by you, if any, for accessing the Website or using the Services in the 12 months preceding the claim.

7. Indemnification
You agree to indemnify, defend, and hold harmless Miller Thomas and its affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use of the Website or Services
Your violation of these Terms or applicable laws
Your infringement of any third-party rights, including intellectual property rights
Any negligent, wrongful, or harmful conduct by you or your representatives

8. Third-Party Links and Content
The Website may contain links to third-party websites or resources. These links do not imply endorsement. Miller Thomas is not responsible for the availability, accuracy, or content of such external sites or resources. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.

9. Confidentiality
You agree to maintain the confidentiality of any proprietary information disclosed through the Website or Services, unless required by law to disclose. Any confidential information shared in connection with the Services will be handled in accordance with a separate confidentiality agreement or as outlined in the applicable SOW.

10. Termination
Miller Thomas reserves the right to terminate or suspend your access to the Website or Services at any time, without notice, for any reason, including but not limited to your breach of these Terms.
Survival: Sections 4–7, 9, 11–13, and all liability provisions survive termination.

11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Disputes: Any disputes shall be resolved through binding arbitration administered by institution of choice by Miller Thomas in accordance with its rules.
Arbitration will be conducted confidentially by a single arbitrator at location of choice by Miller Thomas.
The language of arbitration shall be English.
The parties waive the right to pursue class actions or jury trials.
The prevailing party may recover reasonable attorneys’ fees and costs.

12. Changes to These Terms
Miller Thomas reserves the right to modify or update these Terms at any time. Material changes will be notified via email or a prominent Website notice. Your continued use of the Website or Services 30 days after posting constitutes acceptance of the changes.

13. Privacy & Data Protection
Your use of the Website is subject to our Privacy Policy (available at www.millerthomas.com/privacy-policy), which governs data collection, processing, and compliance with GDPR, CCPA, and other applicable privacy laws.

14. Entire Agreement
These Terms, the Privacy Policy, and any SOW constitute the entire agreement between you and Miller Thomas, superseding all prior agreements.

15. Severability
If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force.

16. Force Majeure
Miller Thomas is not liable for delays or failures due to events beyond its reasonable control (e.g., natural disasters, pandemics, acts of war).

17. No Professional Advice
Content on the Website does not constitute professional advice. Engage our Services for tailored guidance.

18. Age Restriction
We do not knowingly collect data from users under 13. Notify us at [email protected] if you believe a minor has provided information.

19. Electronic Communications
You consent to receive communications electronically, including notices, agreements, and updates.

20. Contact Information
For questions or legal notices:
Miller Thomas Consulting
Email: [email protected]

By using the Website or engaging with our Services, you acknowledge that you have read, understood, and agreed to these Terms of Use.
Last Updated: 05.01.2024