Midland Radio

Terms & Conditions

Last Updated: January 24, 2020

MIDLAND RADIO CORPORATION TERMS & CONDITIONS OF USE

PURPOSE
This website, www.midlandusa.com (“Website”) is created and owned by Midland Radio Corporation (“Midland”, “we,” ”us,” “our”). The purpose of this Website is to provide information and highlight our products, offers, and our community. The Terms and Conditions of Use (“Terms”) and Privacy Policy are intended to facilitate a safe and transparent environment for all those who access our Website. Accordingly, anyone who accesses this Website, whether as a visitor reviewing/using content or an author posting comments or as a customer, is regarded as a User (“User” also referred to as “you/your”) and is subject to these Terms. Your use of our Website is evidence of your binding acceptance of these Terms, which may be modified from time to time. As part of our right to establish the rules governing our Website, we may, but are not required, to take any of the following actions if we regard them as necessary and we are not required to give you notice when we: (1) suspend, terminate or otherwise limit or restrict your access to all or any part of our Website; (2) change, suspend, or discontinue all or any part of the products we provide; (3) decline to make content available on our Website or remove content once it is available or (4) deactivate accounts and all related information and files. By using our Website, you agree that we will not be liable to you or any third party for taking any of the above actions.

Please read these Terms carefully before using this Website. If you do not agree to these Terms, please exit this Website.

INTENDED USERS
Midland Radio Corporation (“Midland”) provides this Website subject to these Terms and Midland’s Privacy Policy. This Website and all the information, communications, software, source code, scripting, photos, text, video, graphics, applications, music, sounds, images and other materials found on this Website (collectively “Content”), is intended for the lawful use by Midland customers, employees and members of the general public who are over the age of 13 and located within the United States. Midland makes no representation that this Website is appropriate or available for use in other jurisdictions.

LINKS TO THIRD PARTY WEBSITES
Our Website may contain links to other websites or resources owned by third parties. Midland makes no representations whatsoever about any other website which you may access through this Website. These websites are owned and operated independently of Midland, and have their own separate privacy and data collection practices. Because Midland has no control over such websites and resources, you acknowledge and agree that Midland (1) is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources and (2) you further agree that Midland will not be responsible or liable for any loss or damage of any sort incurred by you as the result of any of your transactions with such websites or resources.

GOVERNING LAW
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms shall be subject to any other agreements, if any, you have entered into with Midland. Your access to and use of the Website, and the terms of the above disclaimer are governed by the laws of the State of Missouri. By accessing the Website you agree that the statutes and laws of the United States and the State of Missouri, USA without regard to conflicts of laws principles, will apply to all matters relating to your use of the Website, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Missouri. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect.

RESTRICTIONS ON USE OF CONTENT
The unauthorized copying, displaying or other use of any Content from this Website is a violation of the law. You acknowledge that Midland Content is protected in the United States and internationally by a variety of laws including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, “Rights”). In addition to Midland’s Rights in individual elements of the Content, Midland or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Website in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Website or learning about or ordering products from the Website. This permission terminates automatically if you breach any of Midland’s Terms. If pursuant to an authorization from Midland, you download software from the Website, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by Midland. No title or intellectual property rights are transferred to you, but remain with Midland. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software to a perceivable form. Midland does not grant you any permission to use the Content other than the permission expressly stated in these Terms. All other use of Content from the Website, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Website (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Midland’s prior express written consent.

COPYRIGHT INFRINGEMENT -NOTIFICATION
Midland Radio Corporation respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written Copyright Notice that includes the following information:

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. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity which you are requesting be removed or access to which be disabled, and information reasonably sufficient to permit Midland to locate the material. Please provide a URL to the material that is claimed to be infringing, as that will allow Midland to locate the content.
4. Information reasonably sufficient to permit Midland to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will review and address all notices that comply with the requirements above. Before you send out your Copyright Notice, please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete, in addition under Section 512(f) of the Digital Millennium Copyright Act (“DMCA”) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

TRADEMARKS
There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Website. By making them available on this Website, Midland is not granting you a license to use them in any form. Access to this Website does not confer upon you any license under any of Midland’s trademarks or any third party’s intellectual property rights.
BizTalk®, E+Ready®, MicroMobile®, X-Talker® & Mossy Oak® are trademarks or registered trademarks of Midland Radio Corporation or trademarks used under license. All other trademarks are the property of their respective owners. Midland trademarks or third party marks found on this Website may not be used as a hyperlink without Midland’s prior written permission.

SUBMISSION OF CONTENT BY USER
Users are solely responsible for all content they make available on our Website. Any User who makes content available, by doing so, represents and warrants that they own or otherwise control all of the intellectual property rights to the content and that the public posting and use of the content by Midland will not infringe or violate the rights of any third party. Additionally, any User that makes content available on this Website grants to Midland a worldwide, irrevocable, royalty-free, nonexclusive license to display the content on our Website. This license shall have the widest possible application. We have the right, but not the obligation, to remove any content that may violate these Terms or that is otherwise objectionable. Overall, all communications made by you to Midland regarding the Website’s content, including but not limited to feedback, questions, comments, and suggestions must be made: (a) without the right to an expectation of confidentiality in your communications and Midland shall have no obligation to protect your communications from disclosure (information you send to Midland through the Website will be deemed NOT to be confidential (“Non-Confidential Information”)); (b) with a perpetual license from you to Midland to use, reproduce, disclose and distribute your communications to others without limitation; and (c) the permission from you to Midland to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, without compensation to you or any other person. Users are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy. Although Midland provides certain encryption in an effort to protect the electronic transmission of credit card numbers or social security numbers that you submit to Midland through the Website no data transmission over the Internet is guaranteed to be completely secure. Accordingly, while we have taken appropriate steps to protect your personal information, Midland cannot ensure or otherwise warrant the security of any information you provide to us from our Website, and therefore you understand and agree to assume the security risk for any information you provide using the Website.

MIDLAND BLOGS OR NEWSLETTERS
Please be advised that opinions expressed on Midland’s Website in response to Midland’s Blogs or Newsletters are the personal opinions of the original authors, and not necessarily that of Midland. All messages posted or submitted to Midland’s Website shall be treated as Non-Confidential Information and screened for inappropriate content.

MIDLAND PRIVACY POLICY
All of the information that we collect from you is subject to our Privacy Policy. To the extent you provide information about yourself to the Midland, you represent and warrant to us that it is true, accurate, current, and complete. It is your responsibility to update your information. Do not reveal or share any passwords or account information with others. Please notify us if someone is using your password or account. The technology and the software underlying our Website is the property of Midland, its affiliates or licensors. You have no interest in this property and cannot disclose, use, copy, modify or transfer it in any way without our prior express written permission. Unauthorized access to our Website is a breach of these Terms and a violation of the law. You agree not to access our Website by any means other than those approved by us. You agree not to use any automated means to access, monitor, or copy any part of our Website. You agree that you will not use any device, software or other instrumentality to interfere with the operation of this Website, and that you will not take any action that imposes an unreasonable or disproportionately large burden on the Website’s infrastructure. For more information, see our Privacy Policy for this Website by selecting the link at the end of this section. This Website is intended for use by persons over the age of 13. Midland does not seek to collect information about children under the age of 13. No information should be submitted to or posted on this Website by users under 13 years of age. Privacy Policy

PARTICIPATION IN MIDLAND SPONSORED ACTIVITY
If you choose to participate in a promotion, Midland’s Pro Program or any other Midland Sponsored Activity (includes any event, program, sweepstakes or contest; promotion or marketing campaign sponsored by Midland or one of our business partners or affiliates; surveys or questionnaires; forum or blogs hosted by Midland or one of our business partners or affiliates), you agree to comply with any rules or regulations governing such activity. Additionally, as a condition of your continued participation in the Midland Sponsored Activity, you agree not to:

1. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or manipulate identifiers in order to disguise the origin of any Content transmitted through the Website for the Midland Sponsored Activity;
5. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the server or network connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
10. stalk or otherwise harass another person or entity; or
11. collect or store personal data about other users.

You agree that violation of any of the foregoing will result in your immediate disqualification from participating in the Midland Sponsored Activity, and may result in additional legal actions taken by Midland.

NOTICES
Notices to you may be made by either email or regular mail. Midland may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Website.

AMENDMENTS
Midland may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Midland shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Midland may at any time revise these Terms by posting amended Terms on the Website. By using the Website, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Website Terms of Use to which you are bound.

DISCLAIMER OF WARRANTY
MIDLAND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS WEBSITE. THE CONTENT OF THE WEBSITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, MIDLAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIDLAND SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

TERMINATION
You agree that Midland, in its sole discretion, may terminate or restrict your use or access to this Website (or any part thereof) for any reason, including, without limitation, that Midland believes you have violated or acted inconsistently with the letter or spirit of these Terms or the terms, conditions, or rules of a Midland Sponsored Activity contained within this Website.

GENERAL INFORMATION
These Terms constitute the entire agreement between you and Midland and govern your use of the Website, superseding any prior agreements, if any between you and Midland relating to your use of this Website. You may also be subject to additional terms and conditions that may apply when you use or purchase products, participate in a sweepstake, contest or other promotion, participate in a Midland Sponsored Activity, or use or download software. If any provision of this Website’s Terms is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of these Terms. The failure of Midland to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

VIOLATIONS
Please report any violations of these Terms and Conditions of Use to Midland Radio Corporations at privacy@midlandradio.com