Terms & Conditions

TERMS AND CONDITIONS ("Agreement")

1. USE OF THIS WEBSITE

This website is owned and operated by Midterm Fix, LLC (hereinafter “MidTerm Fix”), and is operated for your personal, non-commercial use and information. Your use of this website is subject to the following terms and all applicable laws. By accessing, browsing or placing an order for goods and/or services from this website, you accept, without limitation or qualification, these terms. If you do not agree with any of the terms, please do not use this website. The term “you” or “your” as used in these Terms and Conditions means you and/or any entity you may represent.

2. PRIVACY & SECURITY

MidTerm Fix’s privacy practices are explained in its Privacy & Security Policy, which also governs your visit to this website. Your continued use of this website implies that you acknowledge that you have read its Privacy & Security Policy and agree to be bound by and accept its terms and conditions.

3. YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other device, and you agree to accept responsibility for all activities that occur under your account or password. MidTerm Fix and its agents and affiliates reserve the right to terminate your account and/or cancel order(s) in their sole discretion for any misuse of your account.

4. PRODUCT INFORMATION

MidTerm Fix and its agents and affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by MidTerm Fix. However, MidTerm Fix does not warrant that product descriptions or other content of this website are accurate, complete, reliable, current, or error-free. MidTerm Fix reserves the right to replace products in its care packages with similar, same quality products if such products have been discontinued or no longer in stock.

PRICE AND AVAILABILITY INFORMATION PROVIDED ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRICES QUOTED ARE IN U.S. DOLLARS. WASHINGTON STATE SALES TAX WILL BE CHARGED ON ALL PACKAGES DELIVERED WITHIN THE STATE OF WASHINGTON.

5. DISCLAIMER OF WARRANTIES

ALL MATERIAL, INFORMATION OR PRODUCTS ON THIS WEBSITE OR ANY THIRD PARY WEBSITE LINKED FROM THIS WEBSITE IS PROVIDED AND/OR SOLD TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MIDTERM FIX AND ITS AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These exclusions are in addition to any specific exclusion otherwise provided in any website link provided to you. Because certain federal or state laws do not permit the exclusion of certain warranties, these exclusions may not apply to you. If you are purchasing from outside of the U.S.A., certain national laws may not exclude the disclaimer of certain warranties.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT

6. LIMITATION OF LIABILITY

MIDTERM FIX ITS AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, USE OF THIS WEBSITE OR THIRD PARTY LINKS, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY. THE SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM MADE AGAINST MIDTERM FIX ITS AGENTS OR AFFILIATES IS THE REFUND OF THE PURCHASE PRICE OF THE PRODUCT AND/OR SERVICES YOU PURCHASED FROM THIS WEBSITE.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT

7. COPYRIGHTS AND TRADEMARKS

Material on this website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or otherwise provided by MidTerm Fix, and MidTerm Fix does not represent or warrant that such material does not infringe the rights of any other person or entity. The material on this website is protected in the United States and in other jurisdictions by the U.S. Copyright Act and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of MidTerm Fix. Trademarks, logos and service marks (collectively, “Marks”) displayed on this website are registered or unregistered Marks of MidTerm Fix or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the U.S. Copyright Act.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT

8. SHIPPING & RETURN POLICY

A. SHIPPING.

MidTerm Fix is located in Kirkland, Washington. Shipping is Monday through Friday within twenty-four (24) hours of receipt of your order unless you are notified otherwise. MidTerm Fix is closed New Year’s Eve, New Year’s Day, Memorial Day, 4th of the July, Thanksgiving Day and the day after Thanksgiving, Christmas Eve and Christmas Day. MidTerm Fix partners with United Parcel Service of America (UPS) for its shipping services.

MidTerm Fix’s shipping options include:

  1. 1) UPS Ground (5 -7 business days)
  2. 2) UPS (3 day guaranteed)
  3. 3) UPS (2 day guaranteed)
  4. 4) Expedited Services (overnight): MidTerm Fix uses UPS next day Air Saver. For instance, if your order ships out on a Monday, it will arrive by the end of the day on Tuesday.

Please make sure your student’s shipping address is accurate. Please include the college or university; dorm or sorority/fraternity name; and the student’s box number. In most cases, MidTerm Fix must have the physical street address in order to ship via UPS.

ALL SHIPPING TIMES QUOTED BASED ON SHIPPER’S EXPECTED DELIVERY AND MIDTERM FIX ACCEPTS NO RESPONSIBILITY FOR SHIPPER’S DELAY.

A. Returns.

MidTerm Fix makes every effort to assure its online purchasers and student recipients are pleased and satisfied with their care package purchase. If for any reason you are not satisfied, MidTerm Fix is happy to replace the item(s) or provide a refund provided you follow its Return policy below.

Simply contact MidTerm Fix at admin@midtermfix.com within five (5) business days of delivery or expected delivery date to resolve the issue. Please note: documentation (photo will suffice) of the damaged package must be sent to MidTerm Fix at admin@midtermfix.com within ten (10) days of delivery before additional items are shipped again or a refund is granted.

For care packages that are lost or unable to be delivered, MidTerm Fix will make its best effort to notify the sender. However, in some cases, the online purchaser may be notified by UPS. In this case, it is the online purchaser’s responsibility to notify MidTerm Fix within five (5) business days of the expected delivery date to resolve the issue.

9. GOVERNING LAW

This website and any transaction conducted on or from it shall be governed by the laws of the state of Washington and the laws of the United States of America applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

10. DISPUTE RESOLUTION

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

Binding Arbitration

Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, officers, directors, successors, agents, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), (hereinafter collectively referred to as “Claims” and each, individually, as a “Claim”) shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the American Arbitration Association under its Commercial Arbitration Rules then in effect. The venue for arbitration shall be in Seattle, Washington.

However, before you submit a Claim for arbitration, you must first contact MidTerm Fix at the email address provided at www.midtermfix.com/contact/, and give us an opportunity to resolve the dispute. Similarly, before MidTerm Fix takes a dispute to arbitration, MidTerm Fix must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you or MidTerm Fix is notified by the other of a dispute, then either party may then initiate the arbitration process as provided in the Commercial Arbitration Rules.

THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TERMS AND MAY NOT AWARD EXEMPLARY OR PUNITIVE DAMAGES OR ATTORNEYS’ FEES. YOU AND MIDTERM FIX BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TERMS.

THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT

11. CHANGES TO TERMS / SEVERABILITY

MidTerm Fix may modify, alter or otherwise update the terms applicable to this website from time to time. MidTerm Fix will notify you of any such modifications to this website by posting notice of such changes on this website. Following the posting of such changes, your continued use of this site will constitute your acceptance of these terms and other policies, as modified. You will be bound by such changes. If any one of these conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

12. NO WAIVER

The failure of MidTerm Fix to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of MidTerm Fix to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

13. ENTIRE AGREEMENT

These Terms and Conditions, together with the Privacy Policy incorporated or referred to herein constitute the entire agreement between you and MidTerm Fix with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by MidTerm Fix making such amendments or modifications available to it pursuant to the terms hereof.

14. TERMINATION

MidTerm Fix reserves the right, at its sole discretion, to terminate your access to all or any part of this website, with or without notice.

15. HEADINGS

The headings used herein are inserted for convenience of reference only and do not affect the construction or interpretation of the terms and conditions herein.

PRIVACY & SECURITY POLICY

1. Information that MidTerm Fix May Collect

Customer Record. When you become a customer of MidTerm Fix you provide MidTerm Fix with your address, email, phone number, and credit card number. You may also provide MidTerm Fix with other personally identifiable information (together “Customer Record”).

Inquiries. When you contact MidTerm Fix, MidTerm Fix may ask for information that allows MidTerm Fix to contact you, validate the reason of your inquiry and request specific information related to the reason you have contacted MidTerm Fix (User Inquiry Information). User Inquiry Information may be associated with other information, such as Cookies and information from Tracking Software.

Statistical Information. All of MidTerm Fix servers collect statistical information such as your IP addresses, dates you visit, computers you are using, and operating system, among other data (Statistical Information).

Cookies. MidTerm Fix’s website uses cookies. These data files are read by MidTerm Fix servers to determine whether you have visited the MidTerm Fix site before, how often, the length of time and which pages you view. The equipment MidTerm Fix uses to provide goods and/or services to you may also place cookies on your computers.

Tracking Software. MidTerm Fix may use software designed to track responses to its advertisements, other promotional activity as well as your movement through the MidTerm Fix site (Tracking Software). Tracking Software includes software such as web beacons and software used by its advertising partners, if any.

2. How MIDTERM FIX Uses Information that MIDTERM FIX Collects

Customer Record. MidTerm Fix may use the Customer Record to identify you personally. It is used throughout its business to provide goods and/or services to you. Information in your Customer Record will only be shared with third parties if it is necessary to provide third party products or services to you. However, information in the Customer Record related to payments, such as your credit card number, is only used to ensure MidTerm Fix receives payment for goods and/or services sold or rendered from its website.

Customer Inquiries. MidTerm Fix may use your Inquiry Information to identify you personally. It is used throughout its business to provide goods and/or services to you.

Statistical Information. MidTerm Fix does not use Statistical Information to identify you personally. MidTerm Fix may use Statistical Information to operate its hardware and software, diagnose problems and administer its website. MidTerm Fix may use aggregate Statistical Information to modify the goods and services MidTerm Fix offers based on who is visiting its website, and what users are purchasing.

Cookies. MidTerm Fix may use Cookies to identify users personally. MidTerm Fix may use the information provided by cookies to change the way its website looks to users; to keep users logged in to certain areas of its website; to ensure continued connection to the equipment; and to collect demographic data about where users go on its website and how the user behaves. Cookies used by its equipment are used to track and log activities on the equipment and its network for security, network maintenance and other related activities. Information about you collected by Cookies may be associated with information collected from tracking software, and, in response to a sales or support inquiry, may be associated with this additional information to identify you personally.

Tracking Software. Tracking Software does not initially identify you personally. In general, MidTerm Fix uses the information provided by Tracking Software to determine the effectiveness of its marketing programs; improve the functionality of its website; and to collect demographic data about where you go on its website and how you behave. Tracking Software may collect information that when combined with other information MidTerm Fix has collected, will enable MidTerm Fix to identify you individually.

3. Data Retention and Security

MidTerm Fix keeps the information covered by this Privacy Policy indefinitely. Information collected by the technologies described in this Privacy Policy is protected by industry standard encryption. MidTerm Fix employees are required to keep information covered by this Privacy Policy confidential – unless disclosure is authorized in this Privacy Policy or by you. No means of communication or information transmission or storage is totally secure. Because of this, MidTerm Fix is not responsible for loss corruption or unauthorized acquisition and use of information covered by this Privacy Policy, or for any resulting damages, including unauthorized acquisition and use.

4. All other terms

All other terms and conditions of this Privacy Policy are incorporated by reference herein to MidTerm Fix’s Terms and Conditions available on its website.

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