TERMS AND CONDITIONS OF USE
Thank you for visiting our website. This website is operated by Midas International, LLC 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
Use of our Website
Certain features of this website allow you to send offers and other information displayed on this site to a recipient you designate via email. The law prohibits you from sending this email to any person with whom you do not have a family or personal relationship. Family relationship means individuals with whom you have mutual, voluntary and direct communications with who you are also related to by marriage, common-law partnership or legal parent-child relationship and personal relationship means, in essence, a current on-going mutual friendship.
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.
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, LLC 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.
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:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Midas to contact you;
- 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
- 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:
IMPORTANT NOTICE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MIDAS INTERNATIONAL, LLC 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
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.
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.