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Terms of use

Introduction

Welcome to the platform that aims to be a Marketing Customer Data Platform (CDP), designed to offer exceptional centralization and unification of customer data structure in a simple and secure manner. However, please read these terms of use («Terms») carefully, as they contain important information about your rights and obligations as a user.

The present website https://midway.la/  and all its subdomains on the Internet have been created by SURTECH SOLUTIONS, LLC for use by its users. Accessing and using the contents of the website are the sole and exclusive responsibility of the user and imply their knowledge and acceptance of the following terms.

If you do not agree to these Terms, do not register or use the Service. Any improvement or modification of the Service will be automatically subject to these Terms, unless expressly stated otherwise.

  1. Ownership

https://midway.la/ and all its subdomains on the internet are owned by SURTECH SOLUTIONS, LLC., hereinafter referred to as SURTECH SOLUTIONS, with registered address at 3500 South Dupont Highway,  Dover, CP 19901, Delaware, with ID 92-3236321.

  1. Limitations on use

The user undertakes to use https://midway.la/ and all its subdomains in accordance with current legislation, good faith, public order, and generally accepted customs and practices.

Users accessing this website are authorized to view all the information and content on it, as well as to download or reproduce it on their devices, in accordance with the provisions of intellectual property legislation and the conditions of the Creative Commons license (creativecommons.org).

  1. Responsibilities and exclusion of warranties

3.1. Exclusion of warranties and liability for the operation of the Website

SURTECH SOLUTIONS does not guarantee the availability and continuity of the operation of the Website and the services or contents offered on it, nor that the content on its website is up-to-date, and therefore disclaims any liability for damages that may arise from such circumstances.

SURTECH SOLUTIONS will carry out, whenever circumstances permit or make it possible, and as soon as it becomes aware of errors, disconnections, and/or lack of updating of the content, all necessary actions to correct errors, restore communication, and/or update the referred content.

Likewise, SURTECH SOLUTIONS does not guarantee the technical reliability of its website or access to its different pages and is similarly exempt from any liability for damages that may arise from this cause.

Furthermore, SURTECH SOLUTIONS is not responsible for any possible errors or security deficiencies that may arise from the User’s use of an outdated or insecure browser, or for damages, errors, or inaccuracies that may result from its malfunction.

In order to reduce the risk of virus introduction on the Website, it uses virus detection programs to monitor all Content introduced on the Website. However, SURTECH SOLUTIONS does not guarantee the absence of viruses or other elements on the Website introduced by third parties unrelated to SURTECH SOLUTIONS that may cause alterations in the physical or logical systems of Users or in the electronic documents and files stored on their systems. Consequently, SURTECH SOLUTIONS shall not be liable in any case for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents, or files of Users.

SURTECH SOLUTIONS adopts various protection measures to safeguard the Website, the data collected, and the Contents against third-party computer attacks. However, SURTECH SOLUTIONS does not guarantee that unauthorized third parties may have access to the type of use or navigation of the Website by the User or the conditions, characteristics, and circumstances in which it is carried out. Consequently, SURTECH SOLUTIONS shall not be liable in any case for damages that may arise from such unauthorized access.

SURTECH SOLUTIONS shall not be responsible in any case for the use that Users and/or third parties may make of the Website or the Contents, nor for any damages and losses that may arise therefrom.

3.2. Exclusion of warranties and liability for the Contents

SURTECH SOLUTIONS shall only be liable for the information contained on this Website that has been generated by the company itself and shall not be liable for the opinions expressed by users through forums or other participation tools that may be developed, nor for the contents provided by content providers and other suppliers.

SURTECH SOLUTIONS shall not be responsible for the truthfulness, usefulness, quality, reliability, or legality of the content linked to, without prejudice to its legal obligations in the event of a declaration of illegality of the linked content.

SURTECH SOLUTIONS, its affiliated companies, directors, officers, and employees cannot be considered liable, whether contractually or tortiously, to any user or any other third party, for any indirect, special, or exemplary damages, including, among others, damages or losses of revenue, profits, or other tangible or intangible assets, even if a responsible party or its affiliated companies may have been notified of the possibility of such damages resulting from any source, including: i) the inaccuracy of the information and elements referred to in the Service or the website; (ii) an error message, unauthorized transmission or access, loss, or alteration of data.

SURTECH SOLUTIONS does not edit third-party Contents published on the Website and, consequently, does not guarantee or assume any responsibility for the lawfulness, reliability, usefulness, truthfulness, accuracy, completeness, and timeliness of such Contents. SURTECH SOLUTIONS shall not be liable in any case for any damages that may arise from (i) the lack of lawfulness, truthfulness, accuracy, completeness, and/or timeliness of the Contents originated by third parties; (ii) the unsuitability for any purpose and the failure to meet the expectations generated by the Contents; (iii) decisions or actions taken or avoided by the User relying on the information or data provided or provided in the Contents, including, without limitation, loss of profits or business opportunities.

3.3. Exclusion of warranties and liability regarding the use of Third-Party Links on the Website

SURTECH SOLUTIONS checks the content on such pages at the time it establishes a Link to them and does so in the good faith belief that such content complies with applicable law. However, under no circumstances does SURTECH SOLUTIONS assume responsibility for, endorse, or own the products, services, content, information, data, files, and any kind of material existing on third-party websites and does not control or assume responsibility for, endorse or own successive modifications of such materials. In the event that it deems it appropriate or is required to do so by judicial or administrative order, SURTECH SOLUTIONS will remove links to those websites that infringe applicable law and/or violate the rights of third parties.

  1. Prohibitions and User Obligations

Accessing or using the Website for illegal or unauthorized purposes, with or without economic intent, is not permitted and, therefore, its consequences shall be the sole responsibility of the user. In particular, and without the following list being exhaustive, the following is prohibited:

  • Use the Website in any way that may cause damage, interruptions, inefficiencies, or defects in its operation or in the computer of a third party.
  • Use the Website for the transmission, installation, or publication of any virus, malicious code, or other harmful programs or files.
  • Use the Website to collect personal data from other users.
  • Use the Website illegally, against good faith, morality and public order.
  • Access any section of the Website without authorization, to other systems or networks connected to the Website, to any SURTECH SOLUTIONS server, or to the services offered through the Website, by means of hacking or counterfeiting, password extraction, or any other illegitimate means.
  • Break, or attempt to break, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent in the contents offered on the Website.
  • Carry out any action that causes disproportionate or unnecessary saturation in the infrastructure of the Website or in the systems or networks of SURTECH SOLUTIONS, as well as in the systems and networks connected to the Website.
  • Prevent the normal development of an event, contest, promotion, or any other activity available through the Website or any of its features, either by altering or attempting to alter, illegally or otherwise, the access, participation, or operation of those, or by falsifying their results and/or using fraudulent participation methods, by any means, and/or through any practice that undermines or violates these Terms of Use in any way.

When accessing or using the Service, you agree to comply with: (a) any usage policy and other policies established by SURTECH SOLUTIONS regarding the Service or its respective website; and (b) all applicable laws, including intellectual property law protection, especially those related to copyright and the regulation of reproduction, dissemination, and use of works protected by such laws.

Failure by the user to comply with any of the above obligations may result in SURTECH SOLUTIONS taking appropriate measures under the law and in the exercise of its rights or obligations, without any possibility of compensation for damages caused.

If you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set forth on the Website, please immediately notify SURTECH SOLUTIONS through the various means provided for this purpose.

  1. Introduction and use of links

The link, such as hypertext, banners, buttons, directories, and any other search tool, understood as the technology that connects two websites or two web pages (hereinafter the «Link»), may be used both by Users to establish a connection between their website and the Website, and by SURTECH SOLUTIONS to make available to Users access to other websites other than https://midway.la/. However, such Links must be subject to the terms set forth below.

The installation of Third-Party Links by SURTECH SOLUTIONS is solely intended to facilitate Users’ access to information available from third parties and does not imply that SURTECH SOLUTIONS promotes, endorses, guarantees, or recommends such sites. The links included in the SURTECH SOLUTIONS Website are only offered as informational references, without any assessment of the contents, ownership, services, or products offered from them.

Users must exercise caution in assessing and using such Links, with SURTECH SOLUTIONS being exempt from any responsibility regarding the information, data, files, products, services, and any kind of material existing on the pages accessed through them.

  1. Actions in case of non-compliance

SURTECH SOLUTIONS reserves the right to take any actions it deems appropriate to enforce the responsibilities arising from the breach of any of the provisions of these General Conditions of the Website by a User.

  1. Modifications or cessation of web services provision

SURTECH SOLUTIONS reserves the right to unilaterally and without prior notice modify the provision, configuration, design, and content of the website, and access to the services provided in whole or in part. It cannot be ruled out that the Service, as well as its content, may contain errors, omissions, inaccuracies, or may not be complete or up-to-date. When an error is detected, we will try to correct it as soon as possible and make reasonable efforts to notify affected users. The Service may also be unavailable from time to time for maintenance, updates, computer hardware/software failures, repairs, power failures, hacking, denial of service attacks, due to unexpected high service requests, or for any other reason.

Similarly, SURTECH SOLUTIONS reserves the right to interrupt, temporarily suspend, or definitively cancel https://midway.la/ and any subdomains of the contents and/or services that comprise it, at its sole and absolute discretion and without prior notice, given the free and promotional nature of the website for the benefit of the user.

  1. Intellectual property: rights of reproduction, distribution, and public communication

You are informed and acknowledge that SURTECH SOLUTIONS is the owner of: (a) the Service, including any text, image, sound, video, model, plan, map, image, icon, software, design, applications, data, graphic presentations, trademarks, logos, and slogans created or used by SURTECH SOLUTIONS and on which it holds intellectual property rights; (b) any tool, computer hardware, and software used to provide the Service; and (c) the graphic design, user interface, and appearance of the Service. Some texts, photos, sounds, videos, models, plans, maps, images, icons, software, designs, applications, data, graphic presentations, trademarks, logos, and slogans may be owned by third parties. In all cases, you may not use, reproduce, or save them without the prior written consent of SURTECH SOLUTIONS or such third parties.

You are reminded that you are responsible for complying with all intellectual and industrial property laws, at your own risk. You may not edit any page or delete or alter any visible or invisible identifications, trademarks, notices, or disclaimers.

The contents provided by SURTECH SOLUTIONS to the user are protected by the intellectual property rights corresponding to SURTECH SOLUTIONS and those holding the status of authors, in accordance with current legislation on intellectual property.

User infringement of intellectual property rights is subject to the requirement of corresponding legal liability for any use, outside the permitted scope, that constitutes a violation of such rights.

  1. Functionality

Midway, a SaaS platform, represents a Marketing Customer Data Platform (CDP), designed to offer exceptional centralization and unification of customer data structure. Designed with the vision of empowering companies through data-driven decision-making, Midway sets a new standard for building personalized and effective customer relationships. Every interaction, transaction, and touchpoint are transformed into an invaluable source of strategic information.

Midway’s data-driven approach enables marketing teams to execute actions by combining multiple contact channels such as email, SMS, WhatsApp, push notifications, and web personalization. These actions are highly personalized and efficient, aiming to drive sales growth and foster customer loyalty. Midway positions itself as the comprehensive tool for companies looking to optimize their marketing strategy and enhance their results through intelligent data management and the creation of personalized experiences.

  1. Data protection

SURTECH SOLUTIONS is committed to protecting personal information and respecting user privacy. Information about the type of information collected during the use of the Service, the reasons for collecting such information, and its use is available in our Privacy Policy, which the user is responsible for reviewing periodically, and acknowledging having read and understood acceptance of these Terms.

SURTECH SOLUTIONS undertakes to take reasonable technical measures to protect the physical security of the user’s personal information. However, given the nature of the public network that is the Internet, the user acknowledges and agrees that the security of transmissions over this medium cannot be guaranteed. As a result, SURTECH SOLUTIONS cannot guarantee or assume any responsibility for any privacy breaches, hacking, viruses, loss, or alteration of information transmitted or hosted on its systems, which were not foreseen or foreseeable prior to the occurrence.

  1. Update and modification of these terms

These conditions are subject to change at any time by SURTECH SOLUTIONS. If we make any changes, we will take steps to inform you accordingly.

  1. Partial nullity

The declaration of any of the clauses contained in these Conditions as null, invalid, or ineffective will not affect the validity or effectiveness of the remaining ones, which will remain binding between the parties. The waiver by either party of demanding compliance with any of the conditions stipulated herein at any given time will not imply a general waiver of compliance with another condition or conditions, nor will it create an acquired right for the other party.

  1. Contact

All questions, comments or requests related to these conditions should be sent to: gdpr@midway.la.