Terms of Use
This Website ("Site") is a service of Midwest Fluid Power LLC ("MFP") to its customers and potential customers. By viewing or using this Site, all viewers and all authorized and unauthorized users agree to these rules, to the Contract of Sale for any purchases made through this Site, and the Personal Information Privacy Policy for this Site. Anyone who does not agree may not view or use this Site. "User" of this Site includes persons who directly or indirectly transmit data or code to or through this Site to the computers and software by which this Site is maintained with or without actually viewing this Site or using this Site for a purpose authorized by MFP. "User" includes viewers of this Site. "Use" and the like includes "view" and the like.
Copyright Notice.
The display, content, code, and software ("materials") for this Site are copyrighted and protected under the U.S. Copyright Act of 1976, 17 U.S.C., are protected under international copyright laws, and are the intellectual property of MFP. MFP does not grant any express or implied right to use the materials, except as permitted in the following paragraph.
Customers and potential customers of MFP may use the materials and this Site to get information about MFP, to do business transactions with MFP, to communicate with MFP, and to purchase from MFP items listed on the Site. MFP does not authorize any other use of the materials or this Site. For example, the reproduction, modification, distribution, transmission, republication, display, and performance, of the content displayed on the Site are all prohibited, and all consumer transactions are prohibited.
Use of Personally Identifiable Information
Information submitted to MFP through the Site is governed by the MFP Personal Information Privacy Policy.
Disclaimers
MFP provides this Site "As Is" without any express or implied warranty of any kind. For example there is no implied warranty of merchantability, and there are no implied warranties of noninfringement of intellectual property or fitness for any particular purpose. The following are examples of warranties that are not given:
- That information, text, graphics, links or other items are accurate or complete;
- That MFP will have items in stock;
- That prices have not changed;
- That MFP has verified that any order is authorized;
- That this site is up-to-date; or,
- That these rules will not change.
MFP is not responsible for technical, hardware, or software failures; lost or unavailable network connections; incomplete, garbled, or delayed transmissions; data or code directly or indirectly transmitted to or through this Site by third persons; or links to other sites or the content of such sites. MFP does not endorse sites for which it has provided links.
No consequential damages; limitations on damages.
Neither MFP nor its suppliers will be liable for any consequential damages of any kind arising out of the use, or the inability to use this Site, even if MFP has notice of the possibility of such damages. Examples of barred damages include damages for loss of profits, business interruption, loss of information.
Damages recoverable from MFP, if any, are limited to the purchase price of the Product in issue actually paid by the User. If the User has not purchased a Product in issue or paid for such a purchase, the User is barred from all damages.
MFP may honor all orders under the user's sign-on user name, password, or e-mail address.
MFP does not verify or otherwise inquire into the authorization for any order. Each User [1] authorizes MFP to rely upon orders under the User's sign-on user name, password, or e-mail address; [2] shall pay for all orders that originate under the User's sign-on user name, password, or e-mail address; [3] shall be responsible for all orders placed under the User's sign-on user name, password, or e-mail address; [4] shall protect (indemnify and defend) MFP from all unauthorized orders under the User's sign-on user name, password, or e-mail address; and [5] warrants that this Site and the use of the Site by the User complies with all laws, rules, regulations, orders of any court or other tribunal or body, or agreement to which the User is subject and shall indemnify against MFP, and hold MFP harmless from, all liability under all such laws, rules, regulations, orders, and agreements.
Transmission of inappropriate material.
No User may directly or indirectly transmit to or through this Site [1] any material objectionable to MFP; [2] any illegal, defamatory, scandalous, or obscene material; [3] any copyrighted material or other intellectual property that has not been authorized by the owner; [4] any information that is private to a third party; or [5] any virus, worm, Trojan horse, or other code that could adversely affect the Site, MFP, or anyone viewing the Site or to whom data or code is directly or indirectly transmitted from this Site. All Users who violate this paragraph shall indemnify MFP and hold MFP harmless from all claims (regardless of merit) in any way arising out of User's violation of this paragraph, including all expenses in defending, settling, and paying such claims.
Failure to follow these rules.
MFP may refuse service, terminate accounts, cancel orders, recover damages, obtain specific performance, obtain any other relief under law or equity, or any combination of the preceding at any time in its discretion. For example, if MFP believes that a User's conduct violates applicable law or is harmful to MFP's interests, MFP may take one or more of the listed actions.
Applicable laws.
This Site is controlled by MFP from its offices in the United States of America. MFP makes no representation that this Site is appropriate or available for use in other locations, and access to this Site from locations where the Site or its content is illegal is prohibited. Users who access this Site from other jurisdictions are responsible for compliance with applicable laws, rules, regulations, and courts and other tribunals and bodies of the jurisdiction from which the Site is accessed. No one may use or export the materials in violation of laws and regulations of the United States of America. Any claim relating to this Site shall be governed by the internal substantive laws of the State of Ohio, United States of America, without regard to any principles of conflicts of laws.
Changes to the Site.
MFP may make changes to the Site, or the products described on the Site, at any time without notice. MFP makes no commitment to update the Site.
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