TERMS AND CONDITIONS
AGREEMENT BETWEEN USER AND THE SITE
Welcome to www.midwestoilsales.com, comprised of various web pages operated by Midwest Oil Sales USA, Inc. (collectively, the “Site”). The Site is offered to you conditional on your acceptance, without modification of the terms, conditions, and
notices contained herein (the “Terms”). By accessing the Site, you agree that these Terms and Conditions of Use (the “Terms and Conditions”) form a binding agreement between you, and Midwest Oil Sales USA, Inc. with respect to the use of the Website. If you do not wish to be bound by these Terms and Conditions, do not use this Website.
Midwest Oil Sales USA, Inc. reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view this Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.
PRIVACY
Your use of the Site is subject to the Privacy Policy of Midwest Oil Sales USA, Inc. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to Midwest Oil Sales USA, Inc. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
CHILDREN UNDER THIRTEEN
Midwest Oil Sales USA, Inc. does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Midwest Oil Sales USA, Inc. and Midwest Oil Sales USA, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Midwest Oil Sales USA, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Midwest Oil Sales USA, Inc. of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Midwest Oil Sales USA, Inc. may share such information and data with any third party with whom Midwest Oil Sales USA, Inc. has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Midwest Oil Sales USA, Inc. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Midwest Oil Sales USA, Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Midwest Oil Sales USA, Inc. or any related content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Midwest Oil Sales USA, Inc., and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Midwest Oil Sales USA, Inc., or our licensors except as expressly authorized by these Terms.
INTERNATIONAL USERS
The Site and related service is controlled, operated, and administered by Midwest Oil Sales USA, Inc. from our offices in which we manage Midwest Oil Sales USA, Inc. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Midwest Oil Sales USA, Inc. content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Midwest Oil Sales USA, Inc., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Midwest Oil Sales USA, Inc. reserves the right, at the indemnifying party’s cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Midwest Oil Sales USA, Inc. in asserting any available
defenses.
ARBITRATION
In the event the parties are not able to resolve any dispute between them arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these terms and conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these terms and conditions or any disputes arising as a result of these terms and conditions, whether directly or indirectly, including Tort claims that are a result of these terms and conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these terms and conditions.
CLASS ACTION WAIVER
Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Midwest Oil Sales USA, Inc. agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Midwest Oil Sales USA, Inc .AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Midwest Oil Sales USA, Inc .AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Midwest Oil Sales USA, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Midwest Oil Sales USA, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Midwest Oil Sales USA, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
Midwest Oil Sales USA, Inc. reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Dakota, and you hereby consent to the exclusive jurisdiction and venue of courts in North Dakota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Midwest Oil Sales USA, Inc. as a result of this agreement or use of the Site. Midwest Oil Sales USA, Inc.’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Midwest Oil Sales USA, Inc.’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Midwest Oil Sales USA, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Midwest Oil Sales USA, Inc. with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Midwest Oil Sales USA, Inc. with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
Midwest Oil Sales USA, Inc. reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the terms and conditions will supersede all previous versions. Midwest Oil Sales USA, Inc. encourages you to periodically review the terms and conditions to stay informed of our updates.
1.ACCEPTANCE OF ORDERS
Only residents of the USA who have reached the age of majority in their state of residence may place orders through the Site. Product orders on the Site are available to be delivered within the USA only.
Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Terms of Purchase and the additional terms and conditions included in your order. We may limit quantities available for reservation or sale and we reserve the right at any time to reject or correct any order for any reason whatsoever. Unless otherwise indicated, all prices and other amounts are in US dollars.
2.PICK-UP, SHIPMENT, AND DELIVERY
For online purchases, the delivery date of your purchase depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment, including delivery method, carrier, and estimated date of delivery or time for delivery, are described during the purchase process but we reserve the right to use a substitute carrier for your purchase at any time, at our discretion.
3.METHODS OF PAYMENT
You can pay for any purchase you make online by using a MasterCard, VISA, AMERICAN EXPRESS or DISCOVER credit card. By submitting your payment by credit card, you authorize Midwest Sales USA, Inc. to charge the applicable card for the total amount of your order and you represent and warrant that you are the cardholder of the applicable card. If your card is rejected by the card issuer, your order will not be accepted, and Midwest Sales USA, Inc. will have no obligation to fulfill your order.
4. DELIVERY
Midwest Sales USA, Inc. may not be held responsible for shipping delays of any kind. All delivery dates provided are approximate and in no way constitute a promise of delivery upon said dates. No discount, return, or any other form of compensation will be provided to any client for late deliveries or for deliveries on a date other than the one estimated at the time of order.
5. REFUNDS
Products purchased on this SITE are non-refundable and non-exchangeable. If there is any issue with quality or performance of product received, please see our WARRANTY page.
6. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY, AND INDEMNITY
OTHER THAN FOR EXPRESS, LEGAL, OR IMPLIED WARRANTIES THAT MAY NOT BE A DISCLAIMER OR EXCLUDED UNDER APPLICABLE LAW, THE PRODUCTS YOU RESERVE OR PURCHASE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND.
Midwest Oil Sales, Inc. AND ITS SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE PRODUCTS YOU RESERVE OR PURCHASE OR THESE TERMS OF PURCHASE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION, OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LAW OR EQUITY).
CONTACT US
Midwest Sales USA, Inc.
Suite 200
3100 S Columbia Rd.
Grand Forks, ND 58201-6062
