Terms of Use

Thank you for visiting MidCurrent.com (the “Site”). The Site provides general information as well as products available for purchase. Your activities and acquisitions at the Site are governed by: the Terms & Conditions set forth below and the notices, and consents that are provided in connection with the Site (collectively, “Agreement”). As used in the Agreement, “you” are an individual acting on your own behalf, or “you” are an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf.

TABLE OF CONTENTS

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1. Agreement to Deal Electronically; Electronic Communications and Notices.

2. Privacy.

3. Unauthorized Use of Your Password.

4. Changes to the Agreement.

5. License to Use the Site.

6. Submission of Comments; Ideas and Other Information.

7. Copyright Infringement Notification & Other Reports.

8. Your Representations and Warranties.

9. Promotions.

10. Order Availability, Shipping & Cancellation.

11. Payment; Credit for Refunds & Pricing.

12. Indemnity.

13. DISCLAIMERS OF WARRANTIES.

14, Links to Third Party Sites.

15. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS.

16. Miscellaneous; Entire Agreement.

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By using the Site , you agree as follows:

1. Agreement to Deal Electronically; Electronic Communications and Notices.

Transactions at the Site are conducted electronically and you agree that all transactions with or through the Site may, at MidCurrent’s option, be conducted electronically. You also agree that:

MidCurrent.com may provide all agreements, disclosures, and notices electronically, including any that we are otherwise required to provide in a “writing.”

All electronic records are deemed sent when they are properly addressed to you and either (i) the record enters an information processing system outside the control of the sender or (ii) the record enters a region of an information processing system under the recipients control.

All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

If you do not wish to deal with MidCurrent.com electronically, you should not enter into this Agreement or use the Site. MidCurrent.com may complete any transaction initiated by you at the Site prior to termination of your use of the Site and may continue to provide you all notices related to the transaction electronically. If applicable law now or hereafter requires MidCurrent.com to communicate with you non-electronically, we reserve the right to charge a fee for doing so. You agree that we may chose (from time to time) to provide all or any part of our services non-electronically.

2. Privacy.

Our Privacy Policy is a part of this Agreement and its terms are incorporated by this reference. Please read it now (by clicking on “Privacy Policy” at the bottom of any page). The policy explains how certain information about you may be used. You acknowledge and agree that MidCurrent.com may collect, use, exchange, and store information about you and your orders in accordance with our Privacy Policy.

3. Unauthorized Use of Your Password.

ALL INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE presenting YOUR Password ON THE SITE ARE BINDING ON YOU. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact MidCurrent.com immediately. You authorize MidCurrent.com to refuse to accept any further orders placed under that password on your behalf – and MidCurrent.com will use commercially reasonable efforts to block such orders.

4. Changes to the Agreement.

The terms of this Agreement may change from time to time so please review them when you visit the Site. We will post a notice on the home page of the Site for thirty (30) days if we change the terms of this Agreement and your use of the Site after the effective date of any change will constitute your consent to the amended Agreement.

5. License to Use the Site.

We hereby grant you the right to view and use the Site solely for the purpose of acquiring information and shopping in accordance with the Agreement. MidCurrent.com retains all right, title, and interest in and to the Site. You may download and print copies of this Agreement and of screens from this Site pertaining to any order placed by you for the purpose of retaining records of your transactions at the Site. Except as provided in this Agreement, permission to reprint or electronically reproduce any content in whole or in part for any other purpose is expressly prohibited. The Site and all content contained therein is protected by copyright under both United States and foreign laws and all rights not expressly granted are reserved by MidCurrent.com and its suppliers. Subject to applicable law, MidCurrent.com reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.

Public Web sites are specifically prohibited from using the MidCurrent News Feed without both attribution and links back to MidCurrent embedded in each news excerpt.

The license in this Section 5 does not include permission to copy the design elements, “look and feel” or layout of the Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Except as expressly provided in this Agreement, neither MidCurrent.com nor any third party has conferred upon you by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right.

6. Submission of Comments; Ideas and Other Information.

Any comments or information that you provide to MidCurrent.com, for example, feedback or ideas in response to a customer survey regarding the Site, a news item, suggestions, ideas, concepts, or other information are collectively deemed “Submissions.” None of the Submissions will be subject to any obligation of confidence on the part of MidCurrent.com, and MidCurrent.com will not be liable for any use or disclosure (including publication in any medium) of any Submissions. You hereby grant MidCurrent.com a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. Without limiting the foregoing, MidCurrent.com will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. Further, MidCurrent.com may sublicense these rights to third parties.

7. Copyright Infringement Notification & Other Reports.

MidCurrent.com relies on users of the Site to bring copyright violations to our attention. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you are aware of infringing materials on the Site, please notify MidCurrent.com agent:

MidCurrent.com

Marshall Cutchin

970-232-9541

mcutchin@MidCurrent.com

To be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MidCurrent.com to locate the material;

Information reasonably sufficient to permit MidCurrent.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which the you may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.

Questions and comments about the Site (other than claims of copyright infringement) should be directed to: mcutchin@MidCurrent.com

8. Your Representations and Warranties.

You represent and warrant for the benefit of MidCurrent.com and MidCurrent.com’s licensors and suppliers that: (a) you are at least 18 years of age or you have obtained parental consent to use the Site; (b) you possess the legal right and ability to enter into this Agreement and make the credit card charge on your own behalf or on behalf of any person for whom you are acting as agent and/or that you are authorized to use the password required for this Site; (c) all information that you submit to us is true, accurate, and current; (d) you will keep your registration information current; (e) you will be responsible for all use of your password even if such use was conducted without your authority or permission; and (f) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.

9. Promotions.

No promotion (e.g., special price discount) is offered by MidCurrent.com unless the promotion explicitly so states. You agree that offers from other companies on the Site are solely liable for their promotions and that MidCurrent.com is not liable. You also agree to comply with all terms of a promotion. Note: some promotions will be subject to quantity and other restrictions, including without limitation, time limits that could expire during your visit to the Site. MidCurrent.com reserves the right to withdraw or refuse to honor any promotion that has been altered or modified other than by MidCurrent.com.

10. Order Availability, Shipping & Cancellation.

All items ordered from MidCurrent.com are subject to availability and are only available for acquisition and shipment in the U.S and Canada. We reserve the right to reject any and all orders. Subject to applicable law, MidCurrent.com reserves the right to deliver items acquired as part of your order at different times or locations in the event that they are not available for shipment at the same time or from the same location. MidCurrent.com also reserves the right to limit the quantity of any items that may be obtained by you through the Site.

All orders placed through the Site are shipment contracts, not destination contracts. Shipping and handling charges may or may not reflect actual costs.

You may cancel all or any part of your order before you submit your credit card number. You may not cancel after you have submitted your credit card, but may return any item for the purchase price as long as the item has not been altered from the condition it was sent to you by MidCurrent.com. However, in the event that you return an item you are responsible for all costs to ship the item and are responsible for the item until it is received by MidCurrent.com. Notwithstanding the foregoing, downloads of digital content are non-returnable.

11. Payment; Credit for Refunds & Pricing.

Only valid credit cards acceptable to MidCurrent.com may be used for orders placed with MidCurrent.com, and all refunds will be credited to the same card. By submitting your order for processing, you authorize us to charge your order (including taxes, shipping, handling, and any amounts described on the Site before order submission) to your card. If your card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled without notice in MidCurrent.com sole discretion. You agree to update your card information to keep it current at all times and that we may submit charges for processing even if your card has expired.

12. Indemnity.

You agree to defend, indemnify and hold harmless MidCurrent.com, its officers, directors, employees, agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.

13. DISCLAIMERS OF WARRANTIES.

MidCurrent.com IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THIS SITE. THIS SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. MidCurrent.com AND MidCurrent.com’s LICENSORS GIVE NO EXPRESS WARRANTIES AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU.

IN ADDITION, MidCurrent.com DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

14. Links to Third Party Sites.

As a convenience, we may provide links to third party web sites from the Site. MidCurrent.com is not responsible for and does not endorse the informational content or any products or services available on any third-party web site and does not make any representations regarding its content or accuracy. We do not control any third party web site, and we are not liable for any technological, legal or other consequences that arise out of your visit or transactions there. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such sites. This means that we are not your agent and will not be a party to any contract you enter.

15. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS.

IN NO EVENT WILL MidCurrent.com OR MidCurrent.com’s LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, FAILURE TO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF MidCurrent.com AND EVEN IF MidCurrent.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Miscellaneous; Entire Agreement.

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) constitutes the entire agreement between you and MidCurrent.com with respect to the Site and that item and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and MidCurrent.com regarding the Site and/or any order you place through it.

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