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

 

 
© 2003 Midwest Brake® | TERMS OF SERVICE