Mid-Rivers Telephone Cooperative, Inc.

Terms of Use
Last Modified: March 4, 2021

IMPORTANT – READ CAREFULLY: BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND ANY OTHER MID-RIVERS POLICIES AVAILABLE ON THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, OUR PRIVACY POLICY FOUND AT WWW.midrivers.com), AND OUR MOBILE APPLICATIONS (“MY MID-RIVERS” AND “COMMANDIQ”) WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY OTHER MID-RIVERS POLICIES, YOU MUST NOT ACCESS OR USE THE WEBSITE OR OUR MOBILE APPLICATIONS.

ACCEPTANCE OF THE TERMS OF USE

These terms of use are entered into by and between you the user (“you” or “your”) and Mid-Rivers Telephone Cooperative, Inc. d/b/a Mid-Rivers Communications (together with its subsidiaries, affiliates, and/or other related companies, “MID-RIVERS“, “we“, “our” or “us“). The following terms and conditions, together with any documents incorporated herein by reference (collectively, these “Terms of Use“), shall govern your access to and use of www.midrivers.com and/or our subdomain websites, including, but not limited to, any Website Content (as defined herein), functionality, resources and services offered on or through www.midrivers.com and/or our subdomain websites (collectively, the “Website“) and our mobile applications “My Mid-Rivers” and “CommandIQ”), including by not limited to any Apps Content (as defined herein), functionality, resources and services offered on or through our mobile applications (collectively, the Apps and together with the Website, our “Services”) except as otherwise provided herein. Our Services are offered and available to users who are eighteen (18) years of age or older. By using the Services, you represent and warrant that you are eighteen (18) years of age or older; if you are not eighteen (18) years of age or older, you must not access or use the Services.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion without notice. All changes shall be effective immediately when we post them to the Website or in our Apps. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the revised Terms of Use. It is your obligation to check these pages often for revisions to these Terms of Use.

SERVICES ACCESS

We may withdraw or amend the Services (or any portion thereof), and any service or material we provide through the Services, as applicable, at any time without notice in our sole discretion. We will not be liable for any reason if all or part of the Services is unavailable for any period. To access the Services (or any portion thereof), you may be asked to provide certain Registration Data (as defined herein), other information and/or agree to additional terms of use governing your use. It is a condition of your use of the Services that all information you provide on or through the Services be correct, current and complete.

YOUR ACCOUNT

To access certain features of the Services, you may be required to create an account as a part of MID-RIVERS’s security procedures, including, but not limited to, creating a username and password, and providing certain other registration or account information (collectively, “Registration Data”). Your account is personal to you and you are solely responsible for any and all acts or omissions that occur through the use of your account, whether or not permitted or authorized by you. You must (i) treat all Registration Data as confidential; (ii) not disclose Registration Data to any third-party; and/or (iii) not provide any other person with access to the Services or any portions of it using your Registration Data. Additionally, you may not use your account to gain or attempt to gain unauthorized access to any portion of the Services (including, but not limited to, accessing another user’s account). You agree to notify MID-RIVERS immediately of any unauthorized access to your account or use of your Registration Data. You also agree to ensure that you exit from your account at the end of each session. We reserve the right to disable your account at any time if, in our opinion, you have violated these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE

You represent and warrant to us that you will not use the Services (or any portion thereof) for any purpose that is against applicable local, state or federal laws, rules or regulations or otherwise prohibited by these Terms of Use. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. You must not use the Services (directly or indirectly) to: (i) transmit, or procure the sending of, any advertising or promotional material; (ii) impersonate or attempt to impersonate MID-RIVERS, a MID-RIVERS employee, another user or any other person or entity; or (iii) engage in any other conduct that restricts or inhibits another user’s use or enjoyment of the Services, or which, as determined by us, is detrimental to MID-RIVERS. Additionally, you further agree to not (directly or indirectly): (a) use any process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent; (b) introduce any viruses or other material that is malicious or technologically harmful; (c) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services; or (d) otherwise attempt to interfere with the proper working of the Services. If you violate these Terms of Use, your permission to use the Services shall automatically end (without notice from us to you).

INTELLECTUAL PROPERTY RIGHTS

The Services and their entire contents, features and functionality, software, text, images, graphics, video and audio (“Website Content” or “Apps Content” as appropriate) are owned by MID-RIVERS or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use (i) permit you to use the Services for non-commercial use only (except as otherwise permitted on the Website) and (ii) convey no right, title, or interest in or to the Services or any Website Content or Apps Content. You must not: (a) modify, reproduce, transmit or distribute copies of Website Content or Apps Content except as otherwise expressly permitted by these Terms of Use; (b) use any Website Content or Apps Content separately from the accompanying text; or (c) delete or alter any copyright, trademark or other proprietary rights notices from Website Content or Apps Content. Any use of the Services not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use and may violate copyright, trademark and other applicable laws. All rights not expressly granted hereunder are reserved by MID-RIVERS.

TRADEMARKS

MID-RIVERS’s name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of MID-RIVERS or its affiliates/subsidiaries (the “Marks”). You must not use the Marks in any manner without the prior written permission of MID-RIVERS or its appropriate affiliates/subsidiaries. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

RELIANCE ON INFORMATION POSTED

The information and/or materials presented on or through the Services (“Services Information”) are made available solely for general information purposes. We do not represent or warrant the accuracy, completeness or usefulness of the Services Information. Any reliance you place on any Services Information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any Services Information by you or by any third-party who may be informed of any Services Information.

THIRD-PARTY CONTENT

The Services may include third-party content (“Third-Party Content”). Certain Third-Party Content on the Services may include hyperlinks to third-party websites. MID-RIVERS does not control or endorse content from such third-party websites and any access by you to third-party websites from the Services shall be entirely at your own risk. Links and access to these sites are provided for your convenience only. When you leave the Services to access Third-Party Content you do so entirely at your own risk and subject to the terms and conditions of use (and applicable privacy policy) for such websites. We are not responsible or liable to you, or any third-party, for the content or accuracy of any Third-Party Content.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SERVICES

All information we collect through the Services is subject to our Privacy Policy, available at www.midrivers.com. By using our Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

PRODUCTS, SERVICES, ORDERS AND PRICING

We may accept orders for MID-RIVERS services through the Services. While we use our best efforts to fulfill all orders, MID-RIVERS cannot guarantee the availability of any particular service or price displayed on the Services. The inclusion of any services on the Services at a particular time does not imply or warrant that these services will be available at any time. MID-RIVERS reserves the right to (i) change any service or price listed on the Services at any time without notice; (ii) refuse to provide services to you; and (iii) revoke any stated offer and to correct any errors, inaccuracies or omissions (including, but not limited to, after an order has been submitted and accepted). We may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

The prices displayed through the Services are quoted in U.S. Dollars, are valid and effective only within the United States. You are responsible for the payment of any state and local sales or use taxes that may apply to your order.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES (OR ANY PORTION THEREOF) AND THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES, ANY PORTION THEREOF AND THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). NEITHER MID-RIVERS NOR ANY PERSON ASSOCIATED WITH MID-RIVERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES, ANY PORTION THEREOF AND THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MID-RIVERS NOR ANYONE ASSOCIATED WITH MID-RIVERS REPRESENTS OR WARRANTS THAT THE SERVICES, ANY PORTION THEREOF OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES (OR ANY PORTION THEREOF) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES, ANY PORTION THEREOF OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, (I) IN NO EVENT WILL MID-RIVERS BE LIABLE, UNDER ANY LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER AND/OR (B) DAMAGES FOR LOSS OF PROFITS, OPPORTUNITIES, REVENUES, INVESTMENTS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES; AND (II) THE MAXIMUM CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PORTION THEREOF (UNDER ANY LEGAL THEORY) SHALL NOT EXCEED THE GREATER OF FIFTY U.S. DOLLARS ($50) OR THE AMOUNT YOU HAVE PAID MID-RIVERS THROUGH YOUR USE OF THE SERVICES OR ANY PORTION THEREOF. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR ANY PORTION THEREOF MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold MID-RIVERS and its respective directors, officers, employees, and agents (“Indemnitees“) harmless against all claims, expenses, liabilities, losses, costs and damages, including, but not limited to, reasonable attorney’s fees, that the Indemnitees may incur in connection with or arising out of your use of the Services (or any portion thereof).

CHOICE OF LAW

These Terms of Use shall be governed by and construed under the laws of the State of Montana, without giving effect to any principles of conflicts of law. You consent to the exclusive jurisdiction and venue of the state or federal courts located in and serving the State of Montana.

MISCELLANEOUS

These Terms of Use embody the entire understanding and agreement between the parties respecting the subject matter of these Terms of Use and supersede all prior understandings and agreements between the parties respecting such subject matter. All rights and remedies of MID-RIVERS upon your breach or other default under these Terms of Use will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or by law or equity on MID-RIVERS, and the exercise of any one remedy will not preclude the exercise of any other. Failure by MID-RIVERS to exercise any of its rights under, or to enforce any provision of, these Terms of Use will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be deemed amended to the minimum extent necessary to make it valid and enforceable, and the remainder of these Terms of Use will remain in full force and effect. The captions and headings appearing in these Terms of Use are for reference only and will not be considered in construing these Terms of Use. All notices or other correspondence to MID-RIVERS under these Terms of Use must be sent to the following electronic mail address for such purpose: mrtc@midrivers.coop or the following physical address:

Mid-Rivers Telephone Cooperative, Inc.
d/b/a Mid-Rivers Communications
Attn: Terms of Use
904 C Ave.
Circle, Montana 59215