Midland
Imports Terms and Conditions
Conditions of Use
Electronic Communications
When you visit Midland Imports or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on this site. 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.
Copyright
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of Midland Imports or its content
suppliers and protected by United States and international copyright
laws. The compilation of all content on this site is the exclusive
property of Midland Imports, with copyright authorship for this
collection by Midland Imports, and protected by U.S. and international
copyright laws. The software application provider and author
for "osCommerce", is used under the GNU GENERAL PUBLIC
LICENSE and all original authorship and credit for osCommerce
remains the intellectual rights of www.oscommerce.com.
Trademarks
Midland Imports trademarks and trade dress may not be used in
connection with any product or service that is not Midland Imports,
in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Midland Imports.
All other trademarks not owned by Midland Imports or its subsidiaries
that appear on this site are the property of their respective
owners, who may or may not be affiliated with, connected to,
or sponsored by Midland Imports or its subsidiaries.
License and Site Access
Midland Imports grants you a limited license to access and make
personal use of this site and not to download (other than page
caching) or modify it, or any portion of it, except with express
written consent of Midland Imports. This license does not include
any resale or commercial use of this site or its contents: any
collection and use of any product listings, descriptions, or
prices: any derivative use of this site or its contents: any
downloading or copying of account information for the benefit
of another merchant: or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion
of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose
without express written consent of Midland Imports. You may
not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text,
page layout, or form) of Midland Imports and our associates
without express written consent. You may not use any meta tags
or any other ":hidden text": utilizing Midland Imports
name or trademarks without the express written consent of Midland
Imports. Any unauthorized use terminates the permission or license
granted by Midland Imports. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page
of Midland Imports so long as the link does not portray Midland
Imports, its associates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter.
You may not use any Midland Imports logo or other proprietary
graphic or trademark as part of the link without express written
permission.
Your Membership Account
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password.
If you are under 18, you may use our website only with involvement
of a parent or guardian. Midland Imports and its associates
reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails and Other Content
Visitors may post reviews, comments, and other content: and
submit suggestions, ideas, comments, questions, or other information,
so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise injurious to third parties or
objectionable and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of ":spam.": You may not
use a false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of a card or other content.
Midland Imports reserves the right (but not the obligation)
to remove or edit such content, but does not regularly review
posted content.
If you do post content or submit material, and unless we indicate
otherwise, you grant Midland Imports and its associates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content
throughout the world in any media. You grant Midland Imports
and its associates and sublicensees the right to use the name
that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control
all of the rights to the content that you post: that the content
is accurate: that use of the content you supply does not violate
this policy and will not cause injury to any person or entity:
and that you will indemnify Midland Imports or its associates
for all claims resulting from content you supply. Midland Imports
has the right but not the obligation to monitor and edit or
remove any activity or content. Midland Imports takes no responsibility
and assumes no liability for any content posted by you or any
third party.
Risk of Loss
All items purchased from Midland Imports are made pursuant to
a shipment contract. This basically means that the risk of loss
and title for such items pass to you upon our delivery to the
carrier.
Product Descriptions
Midland Imports and its associates attempt to be as accurate
as possible. However, Midland Imports does not warrant that
product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered
by Midland Imports itself is not as described, your sole remedy
is to return it in unused condition.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY Midland Imports ON AN ":AS
IS": AND ":AS AVAILABLE": BASIS. Midland Imports
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Midland Imports
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Midland Imports DOES NOT WARRANT THAT
THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Midland Imports
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Midland Imports
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS
Applicable Law
By visiting Midland Imports, you agree that the laws of the
state of UK, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort
that might arise between you and Midland Imports or its associates.
Disputes
Any dispute relating in any way to your visit to Midland Imports
or to products you purchase through Midland Imports shall be
submitted to confidential arbitration in UK, except that, to
the extent you have in any manner violated or threatened to
violate Midland Imports intellectual property rights, Midland
Imports may seek injunctive or other appropriate relief in any
state or federal court in the state of UK, and you consent to
exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrators
award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings
or otherwise.
Site Policies, Modification and Severability
Please review our other policies, such as our Shipping and Returns
policy, posted on this site. These policies also govern your
visit to Midland Imports. We reserve the right to make changes
to our site, policies, and these Conditions of Use at any time.
If any of these conditions shall be deemed invalid, void, or
for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability
of any remaining condition.
Questions
Questions regarding our Conditions of Usage, Privacy Policy,
or other policy related material can be directed to our support
staff by clicking on the "Contact Us" link in the
side menu. Email us at: midlandImports@midlandimports.com
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