Terms & Conditions

Last updated date: October 31, 2020

Read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.midwestma.de website operated by MW MADE, LLC., an Illinois limited liability company. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

You agree to be bound by these Terms by accessing or using the Service. If you disagree with any part of the Terms, then you do not have permission to access the Service.

Purchases

You may be asked to supply information relevant to your Purchase if you wish to purchase any product or service made available through the Service (“Purchase”). This may include, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By providing this information, you represent and warrant: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. You grant us the right to provide the aforementioned information to these third-parties, subject to our Privacy Policy, by submitting your information.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or any other reason. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We continually update our product and service offerings on the Service. Delays in updating information on the Service and in our advertising on other web sites may occur. Thus, information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service. We cannot guarantee the accuracy or completeness of any information found on the Service.

Accordingly, we reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Contests, sweepstakes, or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules separate from these Terms Conditions. By participating in any Promotions, you represent you reviewed the applicable rules, our Privacy Policy, and agree to them. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

You may create an account with us.  By doing so, you represent and warrant you are 18 years old or older and the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password. This includes limiting access to your internet connected devices and/or account. You agree to accept responsibility for all activities or actions occurring under your account and/or password, whether your password is with our Service or a third-party service. If you become aware of any breach of security or unauthorized use of your account, you must notify us immediately.

You cannot adopt and use a username that is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You cannot adopt or use an offensive, vulgar, or obscene username.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to hello@midwestma.de, with the subject line: “Copyright Infringement.” You must include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” Misrepresentation or bad-faith claims may result in your being held accountable for damages (including costs and attorneys’ fees).

DMCA Notice and Procedure for Copyright Infringement Claims

To submit a notification to the Digital Millennium Copyright Act (DMCA), provide our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at hello@midwestma.de

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of MW MADE, LLC. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. MW MADE, LLC., and its licensors’, trademarks and trade dress may not be used in connection with any product or service without its prior written consent.

Links To Other Web Sites

The Service may contain links to third-party web sites or services neither owned nor controlled by MW MADE, LLC.. MW MADE, LLC. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. MW MADE, LLC. does not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that MW MADE, LLC. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

MW MADE, LLC. strongly advises you to read the terms and conditions and privacy policies of any third-party web sites or services you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless MW MADE, LLC. and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

Limitation Of Liability

In no event will MW MADE, LLC., its employees, its partners, agents, its suppliers, or its affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not MW MADE, LLC. has been informed of the possibility of such damage, and even if a remedy set forth here is determined to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS”; and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, accuracy of content, fact, or opinion, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

MW MADE, LLC., its subsidiaries, its affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Notice for California Users

Users of the Service from California are provided this consumer rights notice under Cal. Civ. Code § 1789.3: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at hello@midwestma.de.

Residents of California may have certain rights under the California Consumer Protection Act. See our Privacy Policy.

Governing Law

These Terms will be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.

MW MADE, LLC.’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede and replace any prior agreements MW MADE, LLC. might have had between us regarding the Service.

Dispute resolution, informal efforts, arbitration, and class actions

MW MADE, LLC. is always interested in the amicable and efficient resolution of any disputes. Accordingly, prior to seeking any relief from any outside source, you agree to contact it, as provided below, and provide it with no less than thirty-days to resolve the dispute. In the event its efforts are unsatisfactory to you, then you must first send it a written notice of dispute, by certified mail, to 4541 North Prospect Road | Suite 300A | Peoria Heights, Illinois 61616. Your written notice of dispute must include a description of the nature and basis of your claim or dispute and set forth the specific relief you seek. If you and MW MADE, LLC. are unable to resolve the claim within sixty calendar days after MW MADE, LLC. receives the notice, you or MW MADE, LLC. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by MW MADE, LLC. will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or MW MADE, LLC. is entitled.

Notwithstanding the foregoing, you agree that any and all disputes or claims that have arisen or may arise between you and MW MADE, LLC., whether arising out of or relating to this Terms and Conditions (including any alleged breach thereof), the Privacy Policy, the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration to the exclusion of any other dispute resolution entity or process. However, neither MW MADE, LLC. nor this provision preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against MW MADE, LLC. on your behalf. You agree that, by entering into these Terms and Conditions, you are waiving any right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate disputes. Arbitration will be conducted under the American Arbitration Association’s rules and procedures, as modified by these Terms.

Class Actions Prohibited

You agree and understand that you may only bring a claim against MW MADE, LLC. on an individual basis. You are not able to bring a claim against MW MADE, LLC. as a plaintiff or class member in any purported class or representative action or proceeding. Unless MW MADE, LLC. agrees in writing, no arbitrator may consolidate or join more than one person’s claim. Unless MW MADE, LLC. agrees in writing, no arbitrator may preside over any form of a consolidated proceeding. Unless MW MADE, LLC. agrees in writing, no arbitrator can award relief (including monetary, injunctive, and declaratory relief) in excess of the amount and scope necessary to provide relieve necessitated by your individual claim, except that you may pursue a claim for, and an arbitrator may award, public injunctive relief to the extent necessary to sustain the enforceability of this provision.

Changes

MW MADE, LLC. reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material. If we make material changes to these Terms, we will give you notice of such changes by posting the revised policy on this Website, and where appropriate, by other means. By continuing to use this Website or the Service after these changes are posted, you agree to the revised policy.

Contact Us

If you have any questions about these Terms, please contact us:

By email: hello@midwestma.de