The submission of information to, and use of, the business listing service (''Service'') available through the MidMEx web site is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer (''Customer'') AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Transition Dynamics International, Inc. (''TDI''), the company that operates the MidMEx web site and service. If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service.
MidMEx provides this Web site and the services associated there with, subject to compliance with the notices, terms, and conditions set forth below and elsewhere on this Web site (including but not limited to our Privacy Policy.) BY ACCESSING OR USING MIDMEX SERVICES, INCLUDING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF SUCH NOTICES, TERMS, AND CONDITIONS.
This Web site is not a substitute for professional business or legal advice. Materials available through this Web site are for informational purposes only.
We reserve the right to update or change these Terms of Service at any time, with or without notice, and for any reason; therefore, we recommend you periodically visit this page and print the latest version of the Terms of Service for your records. For your information, the date of the last update to these Terms of Service is stated at the top of this document. You continued access or use of this site and any services contained therein as of the effective date of any such modification shall be deemed your continuing acceptance of these Terms of Service, as modified.
TABLE OF CONTENTS
1. MIDMEX's INTELLECTUAL PROPERTY RIGHTS
2. DISCLAIMER/ASSUMPTION OF RISK
3. LEGAL REQUESTS
4. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
5. NOTICES OF ALLEGED INFRINGEMENT OF COPYRIGHT
6. LINKS TO THIRD PARTY SITES
7. SUBMISSIONS AND ADMINISTRATION OF LISTINGS
8. MIDMEX SERVICE USER PRIVLEEGES AND REQUIREMENTS
9. PAYMENT TERMS
10. MidMEx USER GENERATED CONTENT
11. GOVERNING LEGAL PROVISIONS
1. MIDMEX's INTELLECTUAL PROPERTY RIGHTS
1.1. Copyrights: All of the content of this Web site, including text, art, blogs, graphics, logos, button icons, images, pictures, audio clips, videoclips and software is the property of MidMEx, our users, partners, or content providers and is protected by U.S. and international copyright laws. Any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of MidMEx.
1.2. Trademarks: All trademarks, trade names, logos, brand names, and service marks of MidMEx, whether registered or unregistered, are the property of MidMEx and are protected by U.S. and international trademark laws. In no event may any such assets be used in connection with any product or service that is not MidMEx's, in any manner that is likely to cause confusion or in any manner that disparages or discredits MidMEx. All other trademarks, trade names, brand names, company names and/or logos appearing on this Web site are the property of their respective owners.
1.3. Patents: All patents and patent applications of MidMEx are the property of MidMEx and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of MidMEx.
1.4. Restrictions on Use: As a condition to your use of the MidMEx Web site and services, you agree you will not: (i) use the MidMEx Web site or services to infringe the intellectual property rights of others in any way; (ii) use the MidMEx Web site or services, or attempt to penetrate, modify or manipulate the MidMEx Web site or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal or corporate information about any other user of the MidMEx Web site or services; (iii) attempt to access information that is not otherwise deliberately made available to you through the MidMEx Web site or services; (iv) modify, erase or damage any information contained on the computer of any user connected to the MidMEx Web site or services; (v) reverse engineer any portion of the MidMEx Web site or services, decompile, merge, copy, use disclose, delete or alter the underlying source code or structure of MidMEx's technology, or (vi) misrepresent your personal or corporate identity, or your personal or corporate financial statements. This Web site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by MidMEx. Customer shall use the MidMEx system solely for their own use and shall not allow others to use the MidMEx system under or through that Customer's login ID/email and password.
1.5. Termination: MidMEx reserves the right to refuse service and terminate accounts, for reasons including, but not limited to, a belief by MidMEx, in its absolute discretion, that user conduct violates applicable law or is harmful to the interests of MidMEx, its members, partners, suppliers, or other users, or for any other reason, at MidMEx's sole discretion, with or without cause.
1.6. Third-Party Licenses: You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any person or corporation, or the laws of the United States or California.
2. DISCLAIMER/ASSUMPTION OF RISK
2.1. Rely At Your Own Risk: RELIANCE ON ANY INFORMATION ON THIS WEB SITE IS SOLELY AT YOUR OWN RISK.
3. LEGAL REQUESTS
MidMEx cooperates with law enforcement inquiries as a matter of policy. We will use IP addresses and other available information to attempt to identify a user when we are legally compelled to do so or when we feel it is necessary to protect our services, sites, customers, or others.
4. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES
YOU AGREE THAT YOUR USE OF THE MIDMEX SITE IS ENTIRELY AT YOUR OWN RISK AND THAT ALL SERVICES OF MIDMEX THAT MAY BE RENDERED THROUGH THE MIDMEX SITE ARE PROVIDED ''AS AVAILABLE'' AND ''AS IS'' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTIBILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MIDMEX DOES NOT WARRANT THAT ANY SERVICE PROVIDED THROUGH THE MIDMEX SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DOES MIDMEX WARRANT THAT ITS SERVICES WILL BE FREE FROM COMPUTER VIRUS STRAINS, WORMS, TORJAN HORSES, DEFECTS OR OTHER MALFUNCTIONS CASUED BY, RESULTING FROM, EXISTING WITHIN, OR IN CONNECTION WITH THIRD PARTY SITES AND ANY LINKS THERETO.
MIDMEX HEREBY DISCLAIMS ANY LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY BREACH OF ANY ALLEGED WARRANTY OF MIDMEX, EVEN IF MIDMEX OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
MIDMEX DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THIS WEB SITE ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
Limitation of Liability: MIDMEX, ITS DIRECTORS, MANAGERS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ANY LIABILITY TO YOU FOR THE USE OF THE MIDMEX SERVICES AVAILABLE THROUGH THIS SITE AND FOR ANY CLAIMS RELATING TO ALLEGATIONS OF PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY SERVICE OFFERED THROUGH THIS WEB SITE OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MIDMEX IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
AS ANY ALLEGATION OF DAMAGES WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO DETERMINE YOU AGREE THAT THE TOTAL LIABILITY OF MIDMEX FOR ACTUAL DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO MIDMEX DURING THE TWELVE MONTHS PRECEING THE EVENT GIVING RISE TO SUCH ALLEGATIONS OF LIABILITY, OR IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE THOUSAND DOLLARS ($1,000). IN NO EVENT SHALL MIDMEX, NOR ANY OF ITS MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THIS WEB SITE OR ANY SERVICE, PRODUCT OR INFORMATION OFFERED OR PURCHASED THROUGH THIS WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.
WHEN USING THE MIDMEX SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF MIDMEX AND ITS SUPPLIERS. ACCORDINGLY, MIDMEX ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE MIDMEX SERVICES.
5. NOTICES OF ALLEGED INFRINGEMENT OF COPYRIGHT
MidMEx respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's rights. MidMEx will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, MidMEx reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the MidMEx Web site or services.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office Web site), MidMEx will respond expeditiously to claims of copyright infringement committed using the MidMEx service that are reported to MidMEx's legal counsel (see contact information below). If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the following notice form and delivering it to MidMEx's legal counsel:
NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed using the MidMEx Web site or services:Identification of the material that you claim is infringing:
Identification of the material that you claim is infringing:
Your street or mailing address, telephone number, and, if available, e-mail address:
I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, i.e., fair use.
I hereby state that the above information in this Notice is accurate, and under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright:
Full legal name:_______________________________
All claims of copyright infringement should be delivered to:
Legal Counsel
MidMEx, Inc.
1838 El Camino Real, Suite 101
Burlingame, CA 94010
info@MidMEx.com
6. LINKS TO THIRD PARTY SITES
6.1 This web site may contain hyperlinks to other web sites operated by parties other than TransitionDynamics International, Inc. that are beyond MidMEx's control. Parties other than MidMEx may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use MidMEx's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the MidMEx site. MidMEx does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. MidMEx does not assume any liability for the actions, product, and content of all of these and any other third parties. MidMEx makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the MidMEx site, the site you will land on is not controlled by MidMEx and different terms of use and privacy statements may apply.
7. SUBMISSIONS AND ADMINISTRATION OF LISTINGS
7.1 Customer agrees not to submit any business descriptions, photographs, financial, contact or other information contained in each business's data to MidMEx unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the business on the MidMEx website. MidMEx may, in its sole discretion but without any obligation to search for such, remove businesses that are alleged to have been submitted in violation of this provision. In addition, MidMEx may require additional evidence of compliance with this provision from Customers who are alleged to have submitted businesses or other information in violation of this Agreement. MidMEx will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Business listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the MidMEx website. MidMEx shall have the sole authority to choose the manner in which any Business will be searched, displayed, accessed, downloaded, copied, and otherwise used on the MidMEx website and Company shall have the right to modify the business listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Businesses and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a business on the MidMEx system under a name other than the named licensed business agents that have been engaged by the business owner to market the business under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Businesses provided by the Customer and maintain their accuracy at all times. MidMEx reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Businesses posted on the Customer's website or on the MidMEx website. MidMEx accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While MidMEx shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to MidMEx.
7.2 Use of Information: Customer agrees to treat all information and Listings obtained from the Service as proprietary to TDI. Customer agrees that information and Listings reserved for members will be maintained as confidential and shall be protected as a trade secret of TDI. TDI does not ensure the accuracy of, endorse or recommend any Listings and Customer uses such Listings at the Customer's own risk. Customer may access the Listings solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Listings to personal and internal use, and shall not use Listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Listings obtained from the Service for or in connection with any other listing service or device.
7.3 Listing Restrictions: Customer acknowledges that business listings will only be added to the MidMEx web site if all contacts added to that listing are also subscribing individual members. All listings must be added in accordance with the Submission and Administration of Listings terms, as above. MidMEx reserves the right to remove listings that are deemed excessive in number or in violation of the Submission and Administration of Listings terms. MidMEx reserves the right, in its sole discretion, to remove any listing from the Service.
8. MIDMEX SERVICE USER PRIVLEEGES AND REQUIREMENTS
8.1 User privileges are granted by MidMEx to individuals exclusively, regardless of corporate affiliation, and are granted specifically to the registered member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of MidMEx. MidMEx requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the MidMEx system. Members are not permitted to share their individual logon information with others. MidMEx has the right to refuse service to any member that refuses to abide by the terms and conditions herein or abuses their rights related to the MidMEx service.
8.2 Unsolicited Commercial Email (Spam): MidMEx prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the email services that MidMEx offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. MidMEx has the right to revoke the privileges of any customer or company that breaches these terms.
9. PAYMENT TERMS
9.1 Customer agrees to pay for all products ordered through the MidMEx web site or via the Client Services using the payment method indicated and provides MidMEx express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of MidMEx products, services, information, or deliverables (collectively 'Deliverables') ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, MidMEx may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but will be subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. Customer may cancel their MidMEx product membership by emailing Client Services (feedback@MidMEx.com) or leaving a voicemail cancellation request (415-644-000). All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will be emailed to the email address on record for the account. The membership will be deactivated at the end of the current billing term. MidMEx reserves the right to change its fees or billing methods at any time. MidMEx will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly providing MidMEx with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
10. MidMEx USER GENERATED CONTENT
10.1. MidMEx permits the submission of articles, comments or other content submitted by you and other users ('User Generated Content') and the hosting, sharing and/or publishing of such User Generated Content. You understand that whether or not such User Generated Content is published, MIDMEx does not guarantee confidentiality with respect to any such User Generated Content.
10.2. You shall be solely responsible for your own User Generated Content and the consequences of MIDMEx posting or publishing them. By submitting your User Generated Content to MIDMEx, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MIDMEx to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Generated Content to enable inclusion and use of the User Generated Content in the manner contemplated by the Website and these Terms; (ii) the User Generated Content is your own original work and that you own or control the necessary rights to enable inclusion and use of the User Generated Content in the manner contemplated by the Website and these Terms; (iii) the User Generated Content does not in any way violate any laws, rules or regulations, (iv) the User Generated Content is not in any way libelous, slanderous, derogatory, defamatory, obscene, offensive, pornographic, threatening, harrassing, hateful, or encourages conduct that would be considered a criminal offense, or give rise to civil liability; (vi) the User Generated Content does not violate or infringe upon the rights of any person or entity whatsoever; and (vii) the User Generated Content is not an endorsement, express or implied, of any party, product, or other entity.
10.3. Unless you enter into a separate written agreement with MIDMEx, MIDMEx does not claim ownership in User Generated Content you submit; however, by submitting the User Generated Content to MIDMEx, you hereby waive any and all moral rights in connection with the User Generated Content and you automatically grant MIDMEx a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, create derivative works of (including without limitation, to rename, edit, shorten, and use the entire User Generated Content or segments thereof), publish, transfer, transmit, publicly display, and publicly perform the User Generated Content on, through or in connection with the Website (including the advertisement and promotion thereof) in any media formats and through any media channels, or for any other non-commercial use of your User Generated Content. You also hereby grant each user of the Website a non-exclusive license to access your User Generated Content through the Website, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Generated Content (in whole or in segments) as permitted through the functionality of the Website and under these Terms.
10.4. MIDMEx does not endorse any User Generated Content or any opinion, recommendation, or advice expressed therein, and MIDMEx expressly disclaims any and all liability in connection with User Generated Content.
10.5. Your User Generated Content will remain on the Website until such time as you make a specific request to MIDMEx for permanent deletion of such content from the Website server. Such request must be made in writing, via email, to MIDMEx at the following address: editor@midmex.com.When you do remove your content, the license described above will automatically expire.
10.6. MidMEx makes no guarantee of validity
Please be advised that nothing found here has necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.That is not to say that you will not find valuable and accurate information in MidMEx; much of the time you will. However, MidMEx cannot guarantee the validity of the information found here.
10.7. No formal peer review
We are working on ways to select and highlight reliable versions of articles. However, MidMEx is not uniformly peer reviewed. None of the contributors, sponsors, administrators, or anyone else connected with MidMEx in any way whatsoever can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.
10.8. No contract; limited license
Please make sure that you understand that the information provided here is being provided freely, and that no kind of agreement or contract is created between you and the owners or users of this site, the owners of the servers upon which it is housed, the individual MidMEx contributors, any project administrators, sysops or anyone else who is in any way connected with this project or sister projects subject to your claims against them directly.
11. GOVERNING LEGAL PROVISIONS
11.1. Governing Law and Jurisdiction: These Terms of Service will be governed by California law for all purposes, including Web site and services use and product purchases, without regard to or application of choice of law rules or principles. You hereby consent to the jurisdiction and venue of the courts of California. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages which are contained in this Agreement. By agreeing to be bound by these Terms of Service you may be waiving legal rights that could be available to you in another jurisdiction.
11.2. Third-Party Links: MidMEx does not endorse the content on any third-party Web sites. MidMEx is not responsible for the content or result of any dealings with third parties who advertise on this site. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites. MidMEx does not endorse any product or company advertised on this Web site.
11.3. Export Laws: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Web site to either a foreign national or a foreign destination in violation of such laws.
11.4. Indemnification: You agree to indemnify, defend, and hold harmless MidMEx, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing MidMEx using your account.
11.5. International Laws: MidMEx is based in the State of California in the United States of America. MidMEx makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the MidMEx content and services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction
11.6. Entire Agreement: These Terms of Service and all other legal notices posted by MidMEx on this Web site constitute the entire agreement between you and MidMEx with respect to the use of the MidMEx Web site and services. Your use of the MidMEx services is also subject to the MidMEx Privacy Policy. In the event of a conflict in the terms of service relating to the various MidMEx services, this document will control. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
11.7. Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by MidMEx on this Web site shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service or of any other legal notices posted by MidMEx on this Web site shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
11.8. Severability: If any provision of the Terms of Service or of any other legal notices posted by MidMEx on this Web site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service should remain in full force and effect.
11.9. Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice posted by MidMEx on this Web site.
11.10. Assignment: MidMEx may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.
11.11. Headings: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
11.12. Notices: If you have questions or comments regarding this Web site, please contact us at info@MidMEx.com, or by post at 1838 El Camino Real, Suite 101, Burlingame, CA 94010.
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