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TERMS AND CONDITIONS OF USE

 

Thank you for visiting our website. This website is operated by Midas International Corporation or its affiliates or subsidiaries (“Midas”). This Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions and notices. Additionally, this website may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within this website, then these terms shall control.

Acceptance of Terms

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE (this “Website”). By accessing and using this Website, you agree to be bound by these Terms and Conditions of Use (“Terms of Use”) then in effect and by all applicable law. If you do not agree with any of these Terms of Use or our Privacy Policy, then you should not access or use this Website for any purpose.

Use of our Website

You agree not to take any action that may compromise the security of this Website, render this Website inaccessible to others or otherwise cause damage to this Website or the content. You agree not to use this Website in any manner that might interfere with the rights of third parties. We reserve the right to terminate or limit your access to this Website for any violation of these Terms of Use, or for any other reason, in our sole discretion. In such event, you must immediately destroy or delete any downloaded or printed material from our website.

Modifications of these Terms of Use

Midas reserves the right to, from time to time, and at its sole discretion, to change, modify, add to or remove from portions or the whole of these Terms of Use. Changes to the Terms and Use will become effective upon such changes being posted to this Website. Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms of Use, including such changes or updates. You should periodically check these Terms of Use for changes. This Website and the content herein may include technical inaccuracies or typographical errors.

Service and Product Prices

Midas reserves the right without prior notice to discontinue or change specifications and prices on products and services offered or advertised on this Website. Midas reserves the right to limit the order quantity on any time. In the event that a product or service is listed at an incorrect price for any reason, including a typographical error or error in pricing received from our suppliers, Midas shall have the right to refuse services or cancel orders for products placed for the product listed at the incorrect price, regardless of whether the order or service has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Midas shall issue a credit to your credit card account in the amount of the incorrect price.

User Accounts

If you establish an account at this Website in order to purchase products or services or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, you agree to accept responsibility for all activities that occur at this Site under your account and password. Midas reserves the right, in its sole direction, to refuse service, cancel orders or terminate your account.

Copyrights and Trademarks

This Website, the materials contained within it, the information expressed and the trademarks, logos and service marks (“Marks”) displayed at this Website are protected by intellectual property rights of Midas International Corporation and others in agreement with it or that of other third parties. You are not permitted to use these Marks without the prior written consent of Midas or such third party owner of the Mark. You agree to comply with all copyright laws worldwide in your use of this Website and to prevent any unauthorized copying or use of the Materials. Except as expressly provided herein, Midas does not grant any express or implied right to you under any patent, trademarks, copyrights or trade secret information.

Midas either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available on this website, or has obtained the permission of the intellectual property owner.

Subject to the copyright and trademark notices contained in these Terms of Use, you may display, print or download pages from this website for your personal, non-commercial purposes only. This permission is further conditioned upon your maintaining all copyright, trademark and other proprietary rights notices appearing in the content. You agree not to redistribute or copy the content of this Site to any other media.

Copyright Protection

Midas honors the intellectual property rights of others and asks the same of its users and visitors of this Site. Midas may, in its sole discretion, terminate the accounts or access rights of users whose actions infringe or otherwise violate the intellectual property rights of others. Midas will investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Midas will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

If you believe your work has been copied in a way that constitutes copyright infringement, please provide TBC with the following information. Please be advised that to be effective, the Notification must include ALL of the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site with information reasonably sufficient to permit TBC to identify the material;
  3. your address, telephone number, and email address and all other information reasonably sufficient to permit Midas to contact you;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; AND
  5. a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or are authorized to on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By Mail:

Midas International Corporation
Attn: Legal Department
4300 TBC Way
Palm Beach Gardens, FL 33431

 

By email: consumerrelationsmidas@tbccorp.com

 

IMPORTANT NOTICE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MIDAS INTERNATIONAL CORPORATION THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Links With Other Websites

Midas is not responsible for the content of any other website linked to or from this website. If you link to another site, you leave this Website. The inclusion of any link to a website does not imply endorsement by Midas of the website or their entities, products or services. When accessing another site via our Website we advise you to review their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Availability and Access to Website

Midas has the exclusive right to control accessibility, hours of use, features on this Website and any other information found on this Website. Midas can restrict access to any or all portions of this Website or remove any information or content from the site at any time. Midas reserves the right to monitor use of this Website. You acknowledge that temporary interruptions in the availability of this Website may occasionally occur as normal events. Midas will not be held liable for any damages due to such interruptions. If you use this Website from locations outside the United States, you are responsible for compliance with applicable local laws. Midas makes no representation that the products and services referenced herein are appropriate, or available worldwide, and in fact, may not be available worldwide.

Disclaimer

MIDAS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THIS WEBSITE, THE SERVICE OR THE CONTENT OR THE CONTENT OF ANY WEBSITE OR THIRD PARTY WEBSITE. MIDAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH REGARD TO THIS WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THIS SITE. MIDAS DOES NOT WARRANT THAT THE FUNCTIONS PEFORMED BY THIS WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THIS WEBSITE OR THE SERVICE WILL BE CORRECTED. MIDAS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THIS WEBSITE, THE SERVICE AND THE CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ADVICE THAT MAY BE GIVEN OVER THIS WEBSITE) ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MIDAS WILL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, INCLUDING ANY INTERRUPTIONS, ERRORS, DEFECTS OR DELAYS IN TRANSMISSION OF THE WEBSITE, EVEN IF MIDAS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

User Content

Midas may from time to time and at its sole discretion post content on this Website that has been submitted to Midas by a user, including but not limited to product or service reviews or other comments (collectively, “User Content”). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content. You retain the copyright in any User Content and grant Midas a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. You also grant Midas the right to use the name submitted by you in connection with User Content, if Midas so chooses. You represent and warrant that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Midas for all claims resulting from the User Content. Midas has the right but not the obligation to monitor and edit or remove any User Content. Midas takes no responsibility and assumes no liability for any User Content.

Indemnification

You hereby agree to defend, indemnify and hold Midas International Corporation and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors-in-interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorney's fees) related to or arising out of any breach by you of these Terms of Use, that arise in relation to your accessing or use of this Site, or your uploading, downloading or transmission of any communications or content on this Site.

Miscellaneous

These Terms of Use and all claims relating to the relationship between the parties are governed by the federal laws and the laws of the State of Florida, U.S.A., without regard to choice of law provisions and the parties hereby submit to the jurisdiction and venue of competent local or federal courts in Palm Beach County, Florida. If one or more provisions contained in these Terms of Use is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. Midas’ remedies upon a default by you of these Terms of Use are cumulative and not exclusive. Failure of Midas to exercise any remedy or enforce any portion of these Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of these Terms of Use for any preceding or subsequent breach or default. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. These Terms of Use constitute the entire agreement of the parties with respect to your use of this Site.

Contact Us

If at any time you wish to contact Midas with any questions regarding our Terms of Use, or should you no longer wish to receive information from Midas, please contact us:

By Mail:

Attn: Consumer Relations / Website Request
Midas International Corporation
4300 TBC Way
Palm Beach Gardens, FL 33410

 

By Phone:

1-800-621-8545

 

By Email at: consumerrelationsmidas@tbccorp.com