Last Updated: June 26, 2024

This website ("Site" or “Website”) is owned by Midlands Choice, Inc. ("Midlands Choice" or “We”). By accessing, viewing, or using the systems, services, or materials on this Site, you indicate your understanding of these Terms and Conditions of Use (the “Terms of Use” or "Agreement") and further agree to accept and to be legally bound by it.

As used in the Agreement, the term “Site” shall include any website that we link to these Terms of Use, as well as: (i) all information, forms, documents, Software, and all content present or available on this Site, including logos, service marks and the Midlands Choice company name (the “Materials”), and (ii) any computer software accessible to you on the Site (the “Software”).If you have a separate written agreement with us, those terms and not these Terms of Use will govern.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Availability and Use of the Site

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access, including registered user access, to some parts of the Website or the entire Website, in our sole discretion.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection or at your direction are aware of these Terms of Use and comply with them.

To access the Website or any of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide through this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Website Usage and Privacy Policy (the "Privacy Policy"), and you consent to all actions we take with respect to your information consistent with our Website Usage and Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Midlands Choice reserves the right to suspend your use of or access to the Site if, in our opinion, you have violated these Terms of Use or the Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, Software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Midlands Choice, its licensors or other providers of such material and may be protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.

You must not:

• Modify copies of any Materials from the Site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of Materials from this site.

If you wish to make any use of Material on the Website other than that set out in this section, please address your request to our Compliance Officer.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Midlands Choice. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Midlands Choice name and all related names, logos, product and service names, designs and slogans are trademarks of Midlands Choice or its affiliates or licensors. You must not use such marks without the prior written permission of Midlands Choice. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any Materials that does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate Midlands Choice, a Midlands Choice employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Midlands Choice or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

Materials that offer descriptions or information on our products are made available solely for general information purposes and may not contain complete descriptions of all applicable terms, exclusions, and conditions. Midlands Choice may revise the Materials at any time and while we strive to maintain the Site's accuracy, we cannot guarantee it. The product information contained on this Site has been prepared for informational purposes only and is not intended to constitute a solicitation or offer for sale, or a contract or any part of a contract. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links to External Websites and Third-Party Content

If the Site contains links to other sites by third parties and / or third-party content, these links and content are provided for your convenience only.  You acknowledge that these third-party sites and content are maintained by persons or organizations that Midlands Choice does not control, and we expressly disclaim any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites or content. Midlands Choice does not control, endorse, promote, or have any affiliation with any other Website unless expressly stated in the Site.

Social Media Features

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the Materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Use of The Internet

Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Midlands Choice will not be liable for any resulting loss, including but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Geographic Restrictions

The owner of the Website is based in the State of Nebraska in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranty and Limitation of Liability

Use of this Site is entirely at your own risk. In no event shall Midlands Choice be liable to you, or to any third parties, for any damages you or a third-party may sustain due to your use or inability to use the Site or any Materials or Software, even if we have been advised of the possibility of such damage. Midlands Choice shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues, or lost profits, which may result from the use of, access to, or inability to use these Materials. Under no circumstances will the total liability of Midlands Choice to you exceed the price paid for use of the Site.

The Site, Software, and Materials are provided “as is.” To the maximum extent permitted by law, we disclaim all warranties of any kind, either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, or non-infringement. Midlands Choice does not warrant that the functions contained in the Site or any Materials will meet any requirements or needs you may have, or that the Site or any Materials will operate in an error free or uninterrupted fashion, or that any defects or errors in the Site or Materials will be corrected, or that the Software is compatible with any particular platform. Some jurisdictions do not allow the waiver or exclusion of implied warranties, so they may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Midlands Choice, its affiliates, licensors, and service providers, and all of its and their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site, any breach by you of this Agreement, your negligent or intentional acts, errors or omissions in regard to the subject matter of this Agreement, or your failure to comply with applicable laws.

Governing Law and Jurisdiction

This Agreement is governed by the laws of the State of Nebraska without regard to that state's principles of conflicts of laws. Your consent to the jurisdiction of the federal and state courts presiding in Omaha, Nebraska, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Midlands Choice from its home office located in Omaha, Nebraska. We make no representation that Materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

Waiver and Severability

No waiver by Midlands Choice of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Midlands Choice to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Contact

We welcome your questions or comments regarding the Terms and Conditions of Use.

Address:
13815 FNB Parkway, Suite 250
Omaha, NE 68154

Phone Numbers:
(800) 605-8259 or (402) 390-8233

6388884.3