Terms & Conditions
Introduction:
Welcome to the Terms of Service (hereinafter referred to as the "Agreement" or "Terms of Service") for Mid-America Lone (hereinafter referred to as "Mid-America Lone", "us", "our" or "we"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access Mid-America Lone's services (hereinafter referred to as "the Services") or website (hereinafter referred to as "the Site") at midamericalone.com. This Agreement may be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act).
Binding Nature:
You must read, agree to, and accept all of the terms and conditions contained in this Terms of Service and our Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference before you use the Site.
Change Control:
Mid-America Lone reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of the Site and the Services following Mid-America Lone's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or the Site.
Eligibility:
Our Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Competitors are not authorized to access or use the Site without express, written permission from us in advance of such access. If you do not qualify, please do not use the Site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Services:
Mid-America Lone provides online projects, tools, and information resources via midamericalone.com and related subfolders. Mid-America Lone may be compensated for your use of those services. We reserve the right to update and modify the Services from time to time.
User's Responsibilities:
As a Mid-America Lone website user, you are obligated to read this Agreement before you provide any information via the Site. You agree to be bound to the terms of this Agreement. Mid-America Lone does not offer legal or financial advice concerning the Services offered via the Site. Nothing in this Agreement is to be interpreted as legal advice or guidance. By using the Site, you certify that all information you provide is true and accurate. In addition, it is a condition of your use of the Site that all information you provide will be correct, current, and complete and any modification or change made to any information that you provide during your continued use of the Site and/or Services simultaneously carries with it a certification that the modification or change that you make to your information is true and accurate. We may, at our sole discretion, require additional information or forms of identification and may use these to determine any limitations that may be placed on your use of the Site. We have the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time if we believe that the information you provide is not correct, current, complete, true, and accurate. In addition, you may be subject to civil or criminal penalties for giving such false information. You are responsible for all statements made and acts that occur through your use of the Site. You are solely responsible for obtaining access to the Site and any fees associated with such access. In addition, you must provide, and you are responsible for, all equipment necessary to access the Site. The Site reserves the right to modify materials and the Site's design at any time, with or without prior notice.
Restricted Activities:
Your information and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Additionally, without the express written authorization of the Site, you may not: (a) utilize any framing techniques in connection with the Site or any of the materials contained therein; (b) use any meta-tags or any other "hidden text" utilizing the Site's marks; (c) "deep-link" to any page of the Site; (d) decompile, reverse engineer, modify or disassemble any of the software aspect of the Site's materials except and only to the extent permitted by applicable law; (e) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Site's materials or any of your rights to access and use the Site's materials as granted in this Agreement; and/or (f) place a bookmark on any page of the Site except for pages expressly intended for that purpose. Furthermore, you may not consummate any transaction on the Site, or that was initiated using our Services, that could cause us to violate any applicable law, statute, ordinance, or regulation. Additionally, you agree to cooperate with the Site in stopping any unauthorized use.
It shall be a material breach of this Terms of Service if you submit any material to the Site that violates international law or federal, state, and/or local laws of the United States.
Access and Interference:
You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that we, in our sole discretion, believe imposes an unreasonably large load on our servers; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display the Site content without the prior expressed written permission of Mid-America Lone and the appropriate third party, as applicable; (iii) attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any security measures or encryption tools that we may use to prevent or restrict access to the Site.
Breach:
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site, and refuse to provide our Services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. We can also terminate this Agreement at any time, with or without cause.
Privacy:
We only use your information as described in our Privacy Policy. Mid-America Lone may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.
No Warranty:
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; DISCLAIM ALL WARRANTIES THAT THE SITE WILL ALWAYS BE AVAILABLE, UPDATED, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; AND DISCLAIM ALL WARRANTIES THAT ANY FILES AVAILABLE FOR DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Limitation of Liability:
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM ANY CLAIM ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND/OR YOUR USE OF THE SITE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO $100.
Indemnity:
You agree to defend, indemnify and hold harmless Mid-America Lone and our officers, directors, agents, employees, contractors and suppliers from any claim or demand made by any third party due to or arising out of the performance of this Agreement by either party, and/or your violation of any law or the rights of a third party.
Trademark Information:
You agree that the term "Mid-America Lone" is considered a trademark of the Site. You further agree that the Site's marks, logos, domains, and trademarks may not be commercially used except with the express written permission of the Site.
Copyright Information:
The Site and all materials accessible on or through the site such as text, graphics, photographs, video and audio clips, images, downloadable materials, data compilations and software are the proprietary information and valuable intellectual property of the Site or the party that provided the materials to the Site. These materials are protected by U.S. and international copyright laws and may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of the Site.
General Provisions:
This is the entire Agreement governing the use of the Mid-America Lone Site at midamericalone.com. By using the Site, you expressly consent to the exclusive personal jurisdiction and venue for any claim relating to or arising out of this Agreement or your use of the Site or Services in the state and federal courts for Jackson County, Missouri. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of the parties in accordance with applicable law and the remainder of the Agreement shall remain in full force.