BEFORE ACCESSING THIS SITE, YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS THEY GOVERN YOUR USE OF THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY MIDWEST TRUCK TO ACCESS OR OTHERWISE USE THIS SITE. ACCORDINGLY, PLEASE EXIT THIS SITE.
Terms and Conditions
By accessing, viewing or using this Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. You represent and warrant that you are of sufficient legal age to use this Site, or agree to supervise minors who use this Site, and that you will be bound to any legal obligations you may incur as a result of using this Site. Please note that Midwest Truck reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
Grant of License. This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the content available on or from the Site solely for your personal, noncommercial use. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, you warrant to Midwest Truck that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions.
Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national and international laws and regulations. Except as provided herein, Midwest Truck does not grant any express or implied rights to you. Please be aware that Midwest Truck actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are Copyright 2020 Midwest Truck & Auto Parts, Inc. All rights reserved. Midwest Truck also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content. Midwest Truck is the owner of the Midwest Truck mark. The Midwest Truck name, and all other names, logos, and icons identifying Midwest Truck’s products and services are the proprietary marks of Midwest Truck. Other product and company names mentioned herein are the trademarks of their respective owners.
Acceptable Site Use. Users are prohibited from violating or attempting to violate the security of this Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Midwest Truck Site other than the search engine and search agents available on this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Internet Explorer, Google Chrome, Bing, Safari).
Password Policy. Your use of certain portions of this Site requires a password. Anyone with knowledge of your password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you must keep your Password secret. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective Password, as well as for any communications entered through this Site using your Password. You will also immediately notify Midwest Truck if you become aware of any loss or theft of your Password or any unauthorized use of your Password. Midwest Truck reserves the right to delete or change a Password at any time and for any reason.
Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Midwest Truck has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Midwest Truck and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using this Site.
Enforcing Security. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution. For your protection, Midwest Truck reserves the right to view, monitor, and record activity on this Site without notice to or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on this Site. Midwest Truck will also comply with all court orders involving requests for such information.
Links to Other Sites. Midwest Truck may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services. These sites have not necessarily been reviewed by Midwest Truck and are maintained by third parties over which Midwest Truck exercises no control. Accordingly, Midwest Truck expressly disclaims any responsibility for the content, the accuracy or currency of the information, and/or quality of products or services provided by or advertised on these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
Events Beyond the Control of Midwest Truck. You expressly absolve and release Midwest Truck from any claim of harm resulting from a cause beyond Midwest Truck’s control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, acts of terror or governmental restrictions.
DISCLAIMERS. WHILE MIDWEST TRUCK ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS THAT MAY AFFECT THE QUALITY OF THE INFORMATION, PRODUCTS OR THIRD-PARTY CONTENT CONTAINED ON THIS SITE. MOREOVER, MIDWEST TRUCK MAY MAKE MODIFICATIONS AND/OR CHANGES TO THIS SITE OR TO THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON.
YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEBSITE. MIDWEST TRUCK MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL MIDWEST TRUCK BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OFFERED OR PROVIDED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MIDWEST TRUCK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WHERE PARTICULAR STATES OR JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE TOTAL LIABILITY FOR MIDWEST TRUCK FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.
Submissions. Midwest Truck also welcomes your feedback and suggestions about how to improve this Site. Any such ideas, suggestions, information, know-how, material, or similar content (collectively, “content”) received through this Site, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Midwest Truck to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
Indemnity. You agree to defend, indemnify, and hold harmless Midwest Truck and its parents and affiliates and all of their employees, agents, directors, officers, members, managers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of this Site or any breach by you of this Agreement.
Governing Law. This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts residing in Cook County, Illinois, U.S., and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Midwest Truck from its offices within the United States. Midwest Truck makes no representation that materials on this Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws.
Term and Termination. This Agreement will take effect at the time you begin using this Site (thereby indicating acceptance of these Terms and Conditions). Midwest Truck reserves the right at any time and for any reason to deny you access to this Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Midwest Truck of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Visitor / Midwest Truck. No joint venture, partnership, employment, or agency relationship exists between you and Midwest Truck as a result of this Agreement or your utilization of this Site.
Notification of Claimed Infringement. Pursuant to the Digital Millennium Copyright Act, written notification of claims of infringement may be submitted to the following designated agent:
Scott W. Smilie
Patzik, Frank & Samotny Ltd.
200 S. Wacker Drive
Chicago, Illinois 60606 USA