Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET WORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, midobay.com and all associated companies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

midobay.com AND ASSOCIATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

midobay.com DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

midobay.com AND ASSOCIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF midobay.com OR ASSOCIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Copyright

The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of midobay.com and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to midobay.com Copyright © 2006 – 2019, midobay.com. All rights reserved.

Indemnification

You agree to indemnify, defend, and hold harmless midobay.com, associated companies and the officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.

midobay  Trademark Guidelines

midobay.com counts among its most valuable assets its trademarks, registrations and logos and the goodwill represented by these and these marks may not be used in any way without written permission. Protection of the priority for  and associated companies.

These Trademark Guidelines contain detailed information about how to refer to midobay.com. These Trademark Guidelines are designed to ensure proper legal use of the trademarks and to prevent customer confusion that can result from improper or illegal usage.

Permissible Uses

Proper use of the midobay.com name and trademarks is important. You may use the midobay.com trademark to accurately describe or refer to midobay.com website, goods and services, provided you follow these Guidelines. For example, you may use the registered mark midobay.com  to discuss and review this website or other works created by midobay.com

The font size of the phrases using the midobay.com  registered marks should not be larger than the surrounding font, and should not appear more prominently than the name/logo of your own product or business.

You may use the midobay.com registered marks and trademarks to direct your visitors to the midobay.com homepage or other pages on midobay.com

Prohibited Uses

Do not use the midobay.com the midobay.com logo or other registered marks trademarks in a way that would mislead consumers that you or your products or services are somehow related to, endorsed by, or affiliated with midobay.com, midobay.com or authors of midobay.com

Company, Product, Service: You may not place your company name, trademarks, service marks, or product names next to (or combine them with) the midobay.com ® registered marks trademarks.

Logos: You may not use the midobay.com, artwork, trade dress, designs or any combination of these, or any trademark including these (together, the “Logos”), for any purpose without prior written consent from midobay.com

Domain Names, Meta tags, Hidden Text: You may not incorporate the midobay.com marks or trademarks in any domain name, meta tag, or other hidden text in a web page without prior written authorization from midobay.com,

Merchandise Items: You may not manufacture, sell, or give away merchandise items bearing any of the midobay.com

Required Notices

For federally registered trademarks owned by midobay.com, the ® symbol must accompany these trademarks (e.g.,  midobay.com should be properly identified as the owner of these federally registered marks in a footnote that reads, for example, “midobay.com® is a registered trademark owned by midobay.com”.

CAN-SPAM Act

In accordance with the Controlling, the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), midobay.com follows all applicable digital communication laws. As part of our services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email support@midobay.com and your account will be permanently removed from our system.

DMCA Notice

midobay.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on midobay.com is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes an infringement of your copyright, please notify us using the following procedure:

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

  1. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
  2. A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
  3. A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
  5. A statement that you have 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

midobay.com will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.