Terms and Conditions of Use
This site is maintained for general promotional, public information and other purposes and the following Terms and Conditions of Use (“Terms” or “Agreement”) apply to your use of this Site. By using this Web Site, you are agreeing to be bound by these Terms. You may not use this Site if you do not agree to these Terms. Please read them carefully.
Unless the context indicates otherwise, as used in these Terms, (a) "Midwest Traction," "our," "we," and "us" refer to Midwest Traction and its affiliates and (b) "Content" refers to any or all text, graphics, logos, emblems, documents, photographs, images, designs, layouts, trademarks, copyrighted materials, trade names, service marks, audio and video presentations and any other information provided by us on or through this Web Site, including user interfaces and the selection, arrangement and coordination of such information.
The Content on this Web Site is copyrighted by Midwest Traction or our third party licensors and is protected from copying, reproduction, display, performance, modification, distribution or transmittal for any purpose under United States and international copyright laws. The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Midwest Traction or our third party licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws.
Subject to the terms of this Agreement, individuals are not permitted to electronically copy Content published on this Web Site and to make prints solely for their personal information and use. Incorporating Content into other Web Sites, catalogs or publications without Midwest Traction prior written permission is prohibited.
You may not (a) decompile, disassemble or reverse engineer this Web Site or otherwise attempt to determine the source code or trade secrets of the Site, (b) violate or attempt to violate the security of the Site or (c) otherwise disrupt or interfere with the operation of the Site. You may not remove any copyright or other proprietary notices (including visible or invisible watermarks) from any Content or from this Web Site. Using bots, spiders and other indexing agents to “crawl,” retrieve or copy all or any part of this Web Site is prohibited. Without Midwest Traction prior written permission, you may not mirror or archive any Content on any server or computer, or retransmit any Content from this Web Site, or any modified versions thereof.
You agree that you are authorized to view this Web Site, including any Content herein. To the extent you have accessed a private or password-protected portion of this Site, you agree that you have been granted permission by Midwest Traction to access such portion and that you agree to the Web Site Use Agreement.
Links to this Site
We have no responsibility for the content of third-party Web sites where access to this Site is provided by a hypertext link, we do not make any representations or give any warranties or conditions with respect to any information contained in or at these third-party Web sites and we shall not be liable for any damages or injuries arising from the content of or access to these third-party Web sites. Midwest Traction does not endorse any entities, whether individuals, companies or other similar entities, or any products or materials associated with such companies, individuals or other similar entities, which provide a link to this Site.
If you wish to provide a hyperlink from your Web site to this Web Site, you may only under the following conditions: (a) any link to our Site must be a text-only link and clearly marked "Midwest Traction Web Site"; (b) the link must "point" to the URL www.midwesttraction.com and not to other pages within our Site; (c) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (d) when selected by a user, the link must display our Site on full-screen and not within a "frame" on the linking site; (e) the linked site may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; (f) the position, appearance and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; and (g) Midwest Traction reserves the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your Web site to Midwest Traction’ Site, you are agreeing to be bound by the terms herein.
Links from this Site
This Site may include links to other Web sites. We provide the links only as a convenience. If you decide to access these other third-party Web sites, you do so at your own risk. These other third-party Web sites contain information created, maintained, published or otherwise posted by organizations independent of and separate from Midwest Traction. We do not certify, maintain, endorse, approve, or control these other third-party Web sites and do not guarantee the accuracy, efficacy, completeness, timeliness, or correct sequencing of information located at such other third-party Web sites. We may not have reviewed any or all of the sites which are linked to the Site. We are not responsible for assuring that other third-party Web sites are free from computer viruses, worms, Trojan horses or other destructive devices. We reserve the right and may, at our sole discretion, discontinue our hyperlinks to any third-party Web sites at any time without notice or obligation to you. Neither the inclusion of a link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies recommendation, endorsement, or favoring by Midwest Traction. Use of any information obtained from such third-party Web sites is at your own risk, and reliance on any information obtained there from should be undertaken only after an independent review of its accuracy, completeness, efficacy, and timeliness.
Feedback, Questions and Comments
We welcome questions, comments and other feedback. We reserve the right not to review or respond to any such correspondence, within our sole discretion. Please also be aware that we will treat all such communications as non-confidential and may reproduce, use, disclose and distribute them without notice or obligation to you.
Changes to this Site or Terms
Midwest Traction may change or discontinue this Web Site, or change any Content, at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Site after such changes have been posted will constitute your acceptance of the changes.
Limitation of Liability
IN NO EVENT SHALL Midwest Traction OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE, DIRECTLY OR INDIRECTLY, UNDER ANY THEORY OF LAW, TO YOU OR ANYONE ELSE, FOR ANY CLAIMS, LOSSES OR DAMAGES, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, LOSS OF PROFITS, RESULTING FROM OR OCCASIONED BY YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT, REGARDLESS OF THE NATURE OR CAUSE OF ANY SUCH DAMAGES OR LOSSES AND WHETHER OR NOT A CLAIM THEREOF IS BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Midwest Traction shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Midwest Traction shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.
Everything found at Midwest Traction is copyrighted (unless otherwise noted) and may not be used except with our express written consent. Use of our HTML, images, and or ideas and concepts by you or other third parties for purposes other than those expressed or implied is strictly prohibited and may violate the copyright laws, trademark laws, privacy laws and other laws and regulations. Nothing contained on this site may be construed as granting any license or right to use any of our trademarks or service marks without our prior written consent.
All trademarks, service marks, and trade names (collectively the "marks") that appear on our site are proprietary to Midwest Traction, or other respective owners that have granted Midwest Traction, the right and license to use such marks.
All information, services, products, and materials contained in this site, including text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, Midwest Traction, disclaims all representations and warranties, express or implied, with respect to such information, services, products, and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. In addition, Midwest Traction, does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Midwest Traction, reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Limitation on Liability
Midwest Traction, will not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if Midwest Traction, has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations will apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
We will not refund any labor costs incurred by you or the installer of the products purchased at this website.
This site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "external sites"). You agree that Midwest Traction, is not responsible for the availability of, or the content located on or through, any external site. You should contact the site administrator or Webmaster for those external sites if you have any concerns regarding such links or the content located on such external sites.
You agree to indemnify, defend and hold harmless Midwest Traction and Midwest Traction officers, directors, employees, contractors, agents, attorneys, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs (including, without limitation, reasonable attorneys’ fees and court costs), made by any third party due to, arising or resulting from any violation of these Terms or any activity related to use of the Site (including but not limited to negligent or wrongful conduct), by you, any authorized user, unauthorized user or any other person accessing the Site using your Internet account or password. If you cause a technical disruption of the Site or the systems transmitting the Site, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
Governing Law, Venue and Violations:
These Terms, and your use of the Site or Content, will be governed by and construed in accordance with the laws of the State of Iowa, without regard to conflicts of law’s provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions of Use and your use of the Web Site or Content will be an appropriate state or federal court located in Linn County, Iowa, and if no federal court exists in Linn County, Iowa, the closest federal court to Linn County, Iowa. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. Midwest Traction reserves the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Web Site. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from your violation of these Terms or your use of this Site. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. If any provision or portion of these Terms and Conditions and this Agreement is or becomes invalid under any applicable law, regulation, judgment or order, it will be deemed to be reformed to most nearly effectuating the intent of the parties as reflected herein and as enforceable under applicable law, and the rest of this Agreement will remain in full force and effect.
If you have any questions about the Terms and Conditions of Use or this Web Site, please contact us: Midwest Traction Support Services firstname.lastname@example.org or call 1-855-681-8326.