Privacy Policy & Terms of Use
The following Terms of Use govern your use of www.midlandmfg.net.
Please read these Terms of Use carefully before using this website. By using
this website, you hereby agree to these Terms of Use and signify that you
have read them fully. If you do not wish to abide by the Terms of Use for
this website, please discontinue viewing, reading and/or using this website
immediately. If you violate any of these Terms of Use, your permission to
use this website automatically terminates. Midland reserves
the right to revise these Terms of Use at any time without notice. By using
this website subsequent to any revision of these Terms of Use, you agree
to be bound by these changes.
(1) USE
Midland does not accept ideas, concepts
or techniques for new services or products through www.midlandmfg.net.
If such information is received, it will not be considered confidential and
Midland will be free to use, communicate and exploit such
information in any manner it chooses.
(2) REGISTRATION
You may choose to register with www.midlandmfg.net by
sending your request to dianam@midlandmfg.net.
Registering with www.midlandmfg.net may provide
you with access to many non-public portions of www.midlandmfg.net including
Midland's dynamic, real time inventory and ordering system.
In the future, Midland may add other features which may
be accessed through www.midlandmfg.net registration.
In such event, previously registered users will not be required to re-subscribe
by sending a request to dianam@midlandmfg.net.
By registering with www.midlandmfg.net,
you agree to provide accurate and current information about yourself so that
Midland can provide you with the best level of service possible.
You agree to notify Midland whenever any of your previously-submitted
information changes. Midland shall not be held liable or
responsible for services which you do not receive as a result of your failure
to abide by this requirement. If you provide information which is inaccurate,
not current or fraudulent, or if Midland suspects that you
have provided such information, Midland reserves the right
to suspend or terminate your account at www.midlandmfg.net.
(3) PERSONAL INFORMATION AND ONLINE PRIVACY PROTECTION
Personal information includes all of the personally-identifying
information you may provide to us through this website. Midland will undertake
reasonable commercial efforts to limit the dissemination of personally-identifying
information. To that end, Midland will only share such information with its
key business partners. Midland will use and share your personal
information only if necessary and allowed by law to administer Midland’s
business of providing products and services to you as a customer of Midland.
Midland further limits the access to your personal information by our employees
only to those responsible for processing and reviewing your requests. Unless
required by law or you provide express permission, Midland will not exchange
personal information with any third parties for their independent use.
Midland
does not intend for www.midlandmfg.net to
be used by persons under the age of 13. Access by a person under the age
of 13 shall be deemed a violation of these Terms of Use. Midland does not intend to collect any personal information from any
person under the age of 13. Persons under the age of 13 are not eligible
to register at www.midlandmfg.net. Any
request submitted to dianam@midlandmfg.net by
a person under the age of 13 shall be rejected. These statements comply with
the Children’s Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C. § 6501
et.seq.
(4) MONITORING
Midland has the right, but not the obligation,
to monitor the use of this Website to determine and assure compliance with
these Terms of Use and any other rules established by Midland or at the lawful
order or request of any governmental or judicial agency of competent jurisdiction
pursuant to applicable law or regulation.
(5) COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
NOTICES
The contents of this website, including all text, graphics,
arrangement, design, format, appearance and other material (the “Material”)
is copyrighted by Midland and protected under both United
States and foreign laws. All rights are reserved. Unauthorized use of the
Material, including reproduction, copying, transmission, distribution, preparation
of derivative works, public performance, public display and any other unauthorized
use, is prohibited by the Copyright Act of 1976, 17 U.S.C. § 101 et.seq.,
and other laws. Notwithstanding the foregoing, you, as a “viewer” or “user” of
this website, are granted a nonexclusive, nontransferable, limited license
to view, reproduce, print and distribute Materials retrieved from this website,
provided that (a) such Materials are used for personal, informational and/or
non-commercial purposes only, and (b) you do not remove, alter, obscure or
otherwise eliminate from hard-copy versions the applicable copyright and
other notices.
All names, logos, indicia and trademarks appearing on
this website, except as otherwise noted, including without limitation OPW
Fluid Transfer Group and the Midland logo are trademarks
of Midland. and may not be used without the express written
permission of Midland.
Various trademarks not owned by Midland
or its affiliates may appear on this website. All such trademarks, names,
logos or indicia of ownership are the property of their respective owners,
and are used fairly, in a non-commercial manner, and only to describe the
goods and services of such entities in compliance with section 33(b)(4) of
the Lanham Trademark Act, 15 U.S.C. § 1115 (b)(4).
(6) User Guidelines
Users are required to adhere to these Terms of Use, including
the following guidelines for Users.
- Legal Compliance & Posting Limitations. Users must
use this website in accordance with all applicable international, federal,
state and local laws and may not post or transmit anything that would give
rise to any civil or criminal liability for any party or otherwise violate
any law. Users may not post or transmit anything that violates the copyright,
privacy, confidentiality, publicity or intellectual property rights of
any person or entity or that reveals any information that should be known
to the user to be confidential or a proprietary. Users may not post or
transmit anything that is false, misleading, defamatory, obscene, indecent,
threatening, harassing, harmful or that could constitute an incitement
to unlawful conduct.
- Integrity of the Website and its
Content. Users may
not use, post or transmit any device, software, routine, virus, Trojan
horse, spam, mass e-mail, commercial material, corrupted data or otherwise
attempt to or intend to interfere with or damage the proper working of
this website or any activity conducted on this website or to damage or
intercept any data or information on this website. Users may not delete
or revise any material posted by Midland or by another
user. Users may not violate or attempt to violate the security, efficiency,
reliability, or integrity of this website or its content in any way, including
without limitation by accessing data, servers or accounts for which user's
password is not authorized, forging TCP/IP packet headers or payloads or
accessing or attempting to access parts of this website restricted to user
access.
- Passwords. Users who have a password
allowing access to non-public areas of this website may not disclose, transmit,
post, give away or in any manner share the password with any non-authorized
party or use the password for any unauthorized purpose. User agrees to
notify Midland immediately of any unauthorized use of
a password or a registration profile.
(7) LIMITATION OF LIABILITY
The Material on this website may contain inaccuracies and
typographical or other errors. Midland makes no representations
about the accuracy, reliability, completeness, or timeliness of the Material
or about the results to be obtained from using this website and/or the Material.
Use of this website and any information contained therein is at your own
risk. The Material and other content on this website may or may not be periodically
updated or revised at any time. These Terms of Use shall apply with equal
force to any and all such updates or revisions.
MIDLAND DOES NOT WARRANT THAT THIS WEBSITE
WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED
TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THIS WEBSITE OR OF THE MATERIAL
RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, OPW
FLUID TRANSFER GROUP IS NOT RESPONSIBLE FOR THOSE COSTS.
THIS WEBSITE AND THE MATERIAL ARE PROVIDED ON AN ‘AS
IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MIDLAND,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS,
IMPLIED AND/OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND
FITNESS FOR A PARTICULAR PURPOSE. MIDLAND MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL,
SERVICES, CONTENT, SOFTWARE TEXT, GRAPHICS AND LINKS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OPW FLUID
TRANSFER GROUP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIAL, OR WITH ANY
OF THE CONTENT LOCATED ON THIS WEBSITE, OR WITH ANY OF THESE TERMSOF USE,
YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. OPW FLUID TRANSFER
GROUP MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON
THIS WEBSITE WILL NOT ALSO INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER
OWNED BY NOR AFFILIATED WITH MIDLAND.
(8) DISCLAIMER OF DAMAGES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL
MIDLAND OR ANY OF ITS OFFICERS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR INABILITY
TO USE THIS WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS,
DATA, HARD-DRIVE OR SERVER; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES
ON THIS WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
AND WHETHER OR NOT MIDLAND IS OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages and accordingly some of the foregoing may not apply
to you.
(9) LINKS TO OTHER SITES
This website may contain links to websites of Midland's
business partners. Midland is not responsible for the content of their websites
or the actions of the owners/operators of such websites. Midland does not
make any representations regarding the content or accuracy of materials on
such third party websites. If you decide to access linked third party websites,
you do so at your own risk. Midland shall not, however, be a party to any
contract entered into by you, the user, and any third party as a result of
contact with the websites linked from this website, and thereby does not
in any way guarantee the performance of any third party under any contract.
You hereby release Midland and its affiliates from any damages that
you incur, and agree not to assert any claims against Midland, arising from
your use of these third party products or services, or the breach of any
third party contract.
(10) LINKING TO THIS WEBSITE
You may provide links to this website provided that: (i)
you link only to the front page of this website, www.midlandmfg.net;
(ii) you do not remove, alter, obscure or in any way eliminate the copyright
notice, or other notices on this website; and (iii) you discontinue providing
a link to this website if instructed to do so by Midland
or one of its representatives.
(11) USE OF IMAGES
Images of people or places displayed on this site are either
the property of, or used with permission or under license by Midland. The
use of these images by you, or anyone else authorized by you, is prohibited.
Any unauthorized use of the images may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications regulations and
statutes.
(12) INDEMNITY
You agree to indemnify, defend and hold harmless Midland
and its officers, directors, employees, agents and affiliates from and against
any claims, actions or demands, including without limitation reasonable legal
and accounting fees, resulting from your use or misuse of the Material or
the website located at www.midlandmfg.net or
your breach of these Terms of Use.
(13) CONTROLLING LAW AND SEVERABILITY
These Terms of Use and your use of www.midlandmfg.net are
governed by and construed according to the laws of the United States and
the State of Illinois, excluding conflicts of laws provisions. If for any
reason a court of competent jurisdiction finds any provision of these Terms
of Use or a portion thereof to be unenforceable, that provision shall be
enforced to the maximum extent permissible. Any cause of action with respect
to www.midlandmfg.net, your use of www.midlandmfg.net,
or these Terms of Use must be instituted within one year after the claim
or cause of action has risen or be barred and must be brought in a court
of competent jurisdiction within Cook County, Illinois. These Terms of
Use may not be changed or modified without the prior written consent of Midland.
Technical Information Request
