| 
Midwest Brake®
and its associates provide their services to you subject to the
following conditions. If you visit or shop within this website,
you accept these conditions. Please read them carefully. We reserve
the right to make changes to our Terms of Service. They will be
posted on the Site and are effective when posted.
PRIVACY POLICY
We have instituted
policies intended to insure that your personal information (information
which identifies and is personal to you, such as name, address,
e-mail address, telephone number, etc.) is handled in a safe and
secure manner. We want you to know what kind of information we collect,
how it is handled and with whom it may be shared. If you have any
questions after reading this policy, please contact us immediately
and we will attempt to provide you with additional information and
details. You understand that no Internet transmission is completely
private and/or secure.
Please note
that this privacy policy applies to this Site. We are not responsible
for the privacy practices or content of any other website.
Midwest Brake®
and/or its affiliates may gather personal information about you
to administer the Site, to enhance user experience, for marketing
and promotional purposes and/or for other commercial purposes. We
may also be collecting and tracking information about general activities
on our Site (where we may not know or keep track of precisely who
you are).
We will take
all reasonable steps to insure the safety of your personal information.
However, there is no such thing as "perfect security"
as Internet transmissions cannot be made absolutely secure. Midwest Brake® AND/OR ITS AFFILIATES HAVE NO LIABILITY FOR DISCLOSURE OF
INFORMATION DUE TO ERRORS IN TRANSMISSION OR ACTS OF THIRD PARTIES.
We reserve the
right to make changes to our Privacy Policy. They will be posted
on the Site and will be effective when posted. Your continued use
of this Site following the posting of any change constitutes your
acceptance thereof.
ELECTRONIC COMMUNICATIONS
When you visit
the Midwest Brake® Site or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by
posting notices on this site. You agree that all agreements, notices,
disclosures and other communications that we post or provide to
you electronically satisfy any legal requirement that such communications
be in writing.
COPYRIGHT
All content
included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software,
is the property of Midwest Brake® or its content suppliers and protected
by United States and international copyright laws. The compilation
of all content on this site is the exclusive property of Midwest Brake® , with copyright authorship for this collection by Tsunami
PC Productions, and protected by U.S. and international
copyright laws.
TRADEMARKS
Midwest Brake® s
trademarks and trade dress may not be used in connection with any
product or service that is not Midwest Brake® s, in any manner that
is likely to cause confusion, mistake or to deceive, or in any manner
that disparages or discredits Midwest Brake® and/or its products
and/or services. All other trademarks not owned by Midwest Brake®
or its subsidiaries that appear on this site are the property of
their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Midwest Brake® or its subsidiaries.
LICENSE AND SITE ACCESS
Midwest Brake®
grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify
it, or any portion of it, except with express written consent of
Midwest Brake® , which consent may be withheld in Midwest Brake® 's
sole discretion. This license does not include any resale or commercial
use of this site or its contents, any collection and use of any
product listings, descriptions, or prices, any derivative use of
this site or its contents, any downloading or copying of account
information for the benefit of another merchant, or any use of data
mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Midwest Brake® , which
consent may be withheld in Midwest Brake® 's sole discretion. You
may not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information (including images, text,
page layout, or form) of Midwest Brake® and our associates without
express written consent, which consent may be withheld in Midwest Brake® 's sole discretion. You may not use any meta tags or any other
"hidden text" utilizing Midwest Brake® 's name or trademarks
without the express written consent of Midwest Brake® . Any unauthorized
use terminates the permission or license granted by Midwest Brake® .
You are granted a limited, revocable, and nonexclusive right to
create a hyperlink to the home page of Midwest Brake® so long as
the link does not portray Midwest Brake® , its associates, or their
products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any Midwest Brake® logo or other
proprietary graphic or trademark as part of the link without express
written permission, which permission with be withheld and/or revoked
in Midwest Brake® 's sole discretion. You shall be liable for any
and all claims, actions, liabilities, damages, fines, penalties,
costs and expenses ("Claims") arising out of your site,
including but not limited to, the use of the information thereon
or provided for use thereon, the compliance with all applicable
laws and regulations related thereto and the operation or content
of your site. You shall further indemnify, defend and hold Midwest Brake® and its affiliates and its and their directors, officers,
employees, agents and assigns harmless from any and all such Claims.
RISK OF LOSS
All items purchased
from Midwest Brake® are made pursuant to a shipment contract. This
basically means that the risk of loss and title for such items pass
to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Midwest Brake®
and its associates attempt to be as accurate as possible. However,
Midwest Brake® does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by Midwest Brake® itself is not
as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS
PROVIDED BY Midwest Brake® ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Midwest Brake® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, Midwest Brake® DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Midwest Brake® DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL
SENT FROM Midwest Brake® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Midwest Brake® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.
CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME
OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting
the Midwest Brake® Site, you agree that the laws of the State of
Michigan, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that
might arise between you and Midwest Brake® or its associates and/or
affiliates.
DISPUTES
Any dispute
relating in any way to your visit to the Midwest Brake® Site or to
products you purchase through Midwest Brake® shall be submitted to
confidential arbitration in Michigan, except that, to the extent
you have in any manner violated or threatened to violate Midwest Brake® s intellectual property rights, Midwest Brake® may seek injunctive
or other appropriate relief in any state or federal court in the
state of Michigan, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrators award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review
our other policies, such as our Shipping and Returns policy, posted
on this site. These policies also govern your visit to the Midwest Brake® Site. We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
QUESTIONS:
Questions regarding
our Conditions of Usage, Privacy Policy, or other policy related
material can be directed to our support staff by clicking on the
"Contact Us" link in the side menu. Or you can email us
at: info@midwestbrake.com
|
|