Terms of Use
last updated January 2024
BY ACCESSING AND/OR USING THE SITE OR ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MAY NOT USE OR ACCESS THE SITE.
We may add to, modify, or otherwise update these Terms of Use from time to time in our sole discretion by notifying you that a new version of these Terms of Use has been posted to the Sites or Services. It is your responsibility to review these Terms of Use for any additions, modifications or updates each time that you access any of the Sites or use any of the Services, and you are bound by such additions, modifications and updates. Your use of the Sites or Services following any additions, modifications or updates to these Terms of Use constitutes your acceptance of the new Terms of Use.
We have established a Privacy Policy to explain how your information is collected and used by us. Please review the Privacy Policy to understand our practices. The Privacy Policy is located here
-
A. Eligibility. In order to use the Sites and Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms of Use.
B. User Account. When you first order products offered by us at the Sites and Services, you may be required to create a username and password (collectively, “User Credentials”). In creating your account, you must accurately provide all required information. You are responsible for informing us of any changes to such information by updating your registration information. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You may not share your User Credentials with any third party, and you are responsible for maintaining the confidentiality of your User Credentials. You are fully responsible for all activities that occur through the use of your User Credentials.
C. Site Availability. We may modify, update, interrupt, suspend or discontinue the Sites or Services, or any portion of the Sites or Services, at any time in our sole discretion without notice. The Sites and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
D. Limited License. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferrable, revocable license to access and use the Sites and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell or otherwise exploit for any commercial or any other non-personal purpose the Sites or Services or any content contained or made available via the Sites without our express written consent. The foregoing license granted by us shall automatically terminate if you do not comply with these Terms of Use.
E. Posting Content to the Sites and Services. Except as expressly stated in our Privacy Policy, by posting, uploading or submitting any content to the Sites and Services, you grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, publicly display, publicly perform, create derivative works from and distribute such content or incorporate such content into any form, medium, or technology now known or later developed throughout the universe. You agree this license includes permission for us to make such content available to other users of the Sites and Services who may access, view, store, or reproduce the content for their personal use. You are solely liable for any content you submit or upload to the Sites and Services and by posting, uploading or submitting any content to the Sites or Services you represent and warrant that: (i) you own such content or have the right to use it and grant us the rights and license as provided in these Terms of Use, and (ii) the posting, uploading or submitting of such content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You may not post, upload or submit anything to the Sites or Services that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law.
F. Termination of Account. We reserve the right, in our sole discretion, to determine whether your use of the Sites and Services is consistent with these Terms of Use. We, in our sole discretion, may suspend, restrict or terminate your use of the Sites or Services at any time.
In connection with your use of the Sites and Services, you represent and warrant to us that you:
-
(a) are at least 18 years of age;
(b) will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites or Services;
(c) will not access, retrieve, scrape, index, download or copy any information contained on the Sites or Services through artificial means, such as spiders, bots, hacking devices or other means;
(d) will not attempt to gain unauthorized access to the Sites or Services, the accounts of other users of the Sites or Services, or other computer systems or networks connected to the Sites or Services;
(e) will not use the Sites or Services in any way that could interfere with our rights or the rights of other users;
(f) will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content on the Sites or Services, or features that enforce limitations on the use of the Sites or Services;
(g) will not post any defamatory, illegal, infringing or misappropriated content to the Sites or Services; and
(h) will abide by all applicable laws.
You agree that we may communicate with you under these Terms of Use through email, regular mail or by posting any notices on the Sites or Services. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on the Sites or Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Sites and Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site and provide these links as a convenience only. You agree that your use of a Third Party Site is at your own risk and that we are not responsible for the availability or contents of any Third Party Site and in no event shall we, our parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your clicking or following any links on the Sites or Services, even if informed of the possibility of such damages.
All content and information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software are the exclusive property of Midan or its licensors and are protected by United States and international copyright laws.
The trademarks, service marks, logos, graphics page headers, button icons, scripts, and service names (the “Trademarks”) included in or made available through the Sites or Services are, unless otherwise identified, trademarks or trade dress of Midan or one of its related entities in the U.S. and other countries. Our Trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Product names used on the Sites and Services are for identification purposes only and may likewise be the trademarks of their respective owners. No license or right is granted by implication, estoppel or otherwise to any Trademark included in or made available through the Sites and Services.
THE SITES, SERVICES AND ALL INFORMATION ON OR FROM THE SITES AND SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR PARENT, SUBSIDIARIES AND AFFILIATES ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND SERVICES AND THEIR OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITES OR SERVICES WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITES AND SERVICES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR PARENT, SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE SITES OR SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SITES OR SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVE EVEN IF WE OR OUR PARENT, SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notice to California Residents
Under California Civil Code, Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites or Services, or any products offered through the Sites or Services, please contact us by writing to Scott Smith, Midan Marketing, LLC, PO Box 4390, Mooresville, NC 28117 or by calling us at 704-664-6328. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at 916-445-1254 or 800-952-5210.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:
Midan Marketing, LLC
PO Box 4390
Mooresville, NC 28117
Attn: Scott Smith
Email: s.smith@midan.com
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that must include the following:
- (a) a physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
(b) a description of the copyrighted work that is claimed to have been infringed;
(c) a description of where the allegedly infringing material is located on the Sites or Services;
(d) your address, telephone number, e-mail address and any other information reasonably sufficient to allow us to contact you;
(e) a statement from 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
(f) a statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
These Terms of Use and the relationship between you and us, including but not limited to claims relating to the Sites and Services will be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in the City of Charlotte, State of North Carolina and County of Mecklenburg and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.
Severability
These Terms of Use are severable. If any provision contained in these Terms of Use is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.
Entire Agreement
These Terms of Use incorporate by reference any terms or notices contained on the Sites and Services, including but not limited to the Privacy Policy and the Terms of Sale, and contain the entire agreement between you and us regarding the use of the Sites and Services, and the ordering of products through the Sites and Services, and supersede any prior agreement, whether written or oral, between you and us regarding the subject matter contained in these Terms of Use.