The MIDAS Websites are offered to you conditioned on your acceptance without modification of the terms and conditions contained herein. Your use of the MIDAS Websites constitute your agreement to all such terms and conditions.
You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a user ID and a password. You are entirely responsible for maintaining the confidentiality of your ID, password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the MIDAS Websites immediately of any unauthorized use of your account or any other breach of security. The MIDAS Websites will not be liable for any loss that you may incur as a result of someone else using your ID, password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MIDASoft Inc. or another party due to someone else using your ID, password or account. You may not use anyone else's account at any time, without the permission of the account holder.
The MIDAS Websites reserve the right to change the terms and conditions under which the MIDAS Websites and services are offered.
You are responsible for regularly reviewing these terms and conditions and additional terms posted on the MIDAS Websites.
Your continued use of the MIDASoft Inc. Site/Services constitutes your agreement to all such terms and conditions.
Unless otherwise specified, the MIDAS Website/services are for your personal and non-commercial use. You may not modify,copy, distribute, transmit, display, perform, reproduce, publish,license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MIDAS Website/services.
The MIDAS Website/services may contain links to third party Web Sites ("Linked Sites"). The Linked Sites are not under the control of the MIDAS Websites. The MIDAS Websites are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
The MIDAS Websites are not responsible for webcasting or any other form of transmission received from any Linked Site nor is the MIDAS Websites responsible if the Linked Site is not working appropriately.
The MIDAS Websites are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the MIDAS Websites of the site or any association with its operators.
You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
As a condition of your use of the MIDAS Websites/Services, you will not use the MIDASoft Inc. Site/Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the MIDASoft Inc. Site/Services in any manner which could damage, disable, overburden, or impair the MIDASoft Inc. Site/Services (or the networks connected to the the MIDAS Website/services) or interfere with any other party's use and enjoyment of the MIDAS Websites/Services.
You may not attempt to gain unauthorized access to the MIDASoft Inc. Site/Service, other accounts, computer systems or networks connected to any MIDAS Websites/services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the MIDAS Website/services.
The MIDAS Websites/services may contain e-mail services, bulletin board services, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services").
You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, when applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
MIDASoft Inc. has no obligation to monitor the Communication Services. However, the MIDAS Websites reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MIDASoft Inc. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The MIDAS websites reserve the right at all times to disclose any information as MIDASoft Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the MIDAS Website's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The MIDAS Websites do not control or endorse the contents, messages or information found in any Communication Service and, therefore, the MIDAS Websites specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized the MIDAS Websites spokespersons, and their views do not necessarily reflect those of MIDASoft Inc..
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
The MIDAS Websites do not claim ownership of the materials you provide to the MIDAS Websites (including feedback and suggestions) or post, upload, input or submit to the MIDAS Websites/services or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the MIDAS Websites and its affiliated companies necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The MIDAS Websites are under no obligation to post or use any Submission you may provide and the MIDAS Websites may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
All contents and software (if any) that are made available to view and/or download in connection with the MIDAS Websites/services, excluding contents and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of the MIDAS Websites and/or its suppliers and is protected by copyright laws and international treaty provisions.
Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, MIDASoft Inc. hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the MIDASoft Inc. Site/Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices.
Any reproduction or redistribution of the contents and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MIDASoft Inc. SITE/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MIDAS WEBSITES /SERVICES AND TO THE INFORMATION THEREIN.
THE MIDAS WEBSITES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MIDASoft Inc. SITE /SERVICES AT ANY TIME.
THE MIDAS WEBSITES AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE MIDAS WEBSITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE MIDAS WEBSITES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT THE MIDAS WEBSITES SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MIDASoft Inc. SITE/SERVICES. YOU SPECIFICALLY AGREE THAT THE MIDAS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE MIDAS WEBSITES ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE MIDASoft Inc. SITE/SERVICES BY ANY THIRD PARTY.
IN NO EVENT SHALL MIDASoft Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MIDAS WEBSITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE MIDAS WEBSITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MIDAS WEBSITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MIDAS WEBSITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MIDAS WEBSITES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree that the MIDAS Websites may establish limits concerning use of any service offered on the MIDAS Websites, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on MIDASoft Inc.'s servers on your behalf, and the maximum number of times and duration you may access the service in a given period of time.
You agree that the MIDAS Websites have no responsibility or liability for the deletion, corruption or failure to store any message or other contents maintained or transmitted by the service. You acknowledge that MIDASoft Inc. reserves the right to delete accounts that are inactive for an extended period of time.
THE MIDAS WEBSITES MAKE NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: grow@midasoft.com
The MIDAS Websites reserve the right, in its sole discretion, to terminate your access to any or all the MIDAS Websites/Services and the related services or any portion thereof at any time, without notice.
The MIDAS Websites may also terminate or suspend your access to the MIDAS Websites/Services for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by the MIDAS Websites. Upon termination of the MIDAS Websites, your right to use the MIDASoft Inc. Site/Service immediately ceases.
The MIDAS Websites shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
The MIDAS Websites will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay MIDASoft Inc. liquidated damages of $5 (US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay the MIDAS Websites' actual damages, to the extent such actual damages can be reasonably calculated.
This agreement is governed by the laws of the State of Washington.
You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the State of Washington in all disputes arising out of or relating to the use of the MIDAS Websites/Services. Use of the MIDAS Websites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the MIDAS Websites as a result of this agreement or use of the MIDAS Websites/Services. You agree to indemnify and hold MIDASoft Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the MIDASoft Inc. Site/Services.
The MIDAS Websites reserve the right to disclose any personal information about you or your use of the MIDAS Websites/Services, including its contents, without your prior permission if MIDASoft Inc. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MIDASoft Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others.
The MIDAS Websites' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the MIDAS Websites' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MIDASoft Inc. Site/Services or information provided to or gathered by the MIDAS Websites with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the MIDAS Websites with respect to the MIDASoft Inc. Site/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the MIDAS Websites with respect to the MIDAS Websites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All contents of the MIDASoft Inc. Web Site are :
Copyright (c) 1989 - 2003 www.MidasUser.com All rights reserved.
Products referenced herein are either trademarks or registered trademarks of www.MidasUser.com The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
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Phone: (646) 409-9853
Fax: (212) 202-6465
E-Mail: grow@midasoft.com
