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Conditions of Use

Conditions of Use

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.midwestglobalgroup.com website (the “Website”) operated by Midwest Global Group, Inc. (“us”, “we”, “our”) as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Website. By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have our permission to access or use the Website. Purchases If you wish to purchase any product, you may do so via our Website, fax, email, telephone, regular mail or courier mail (FedEx, USPS, UPS). For custom orders, the Purchase Order must be complete and shall include the item number, color, quantity, pricing, institutional purchase order number, contact name, billing information, billing and shipping addresses, phone number, due date required and shipping method. A minimum of eight (8) pieces are required for any custom order. If an account has not been established, first payment of the total cost of the goods shall be required before we will place an order. Once an account has been established, the payment terms are Net 30. You shall pay us in full in thirty (30) days from the order ship date. For custom orders, you may pay by check, money order, major credit card and purchase orders from approved institutions. Approval of payment method shall be at our sole discretion and can be rejected at any time and for any reason. If you purchase the Goods via purchase order, the order is invoiced once it is shipped and you shall pay the invoice within thirty (30) days from the order ship date. All payments must be in U.S. dollars and drawn on a U.S. bank. In the case of a returned check, you shall be charged $25.00. You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason. We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information. Cancellation and Refund Policy You may cancel your standard order via email, telephone, fax or courier. All claims for refunds or cancellation must be made within ten (10) days of the Order Ship Date. We are not required to give refunds or cancellations. Availability, Errors and Inaccuracies We assume no liability for availability, errors, or inaccuracies in the information provided on this Website. We may experience delays in updating information on the Website and in our advertising on other websites. The information and products found on the Website may contain errors or inaccuracies or may not be complete or current. Products may be incorrectly priced, described inaccurately, or unavailable on the Website and we cannot guarantee the accuracy or completeness of any information found on the Website. We expressly reserve the right to correct any pricing errors on our Website. We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products on this Website does not constitute any endorsement or recommendation of such products or services by us. All such information, products, and services are provided “as is” without warranty of any kind. We disclaim all warranties and conditions that this Website, its servers or any email sent from us are free of viruses or other harmful components. We hereby disclaim all warranties and conditions with regard to this information, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. Merchandise Display We will make every reasonable effort to display our merchandise on the Website as accurately as possible. Due to the fact that most of our products are handmade, this may affect what is seen on your screen. As a result, we shall not be liable for any display or any color, texture or detail of its merchandise on your computer screen and cannot guarantee the accuracy and appearance thereof. Intellectual Property All contents of this Website are ©2016 Midwest Global Group, Inc. All rights reserved. Midwest Global Group, Inc., www.midwestglobalgroup.com and all content and other materials on this Website, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Midwest Global Group, Inc., and are either registered trademarks or trademarks of Midwest Global Group, Inc. in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than Midwest Global Group, Inc. If you are aware of an infringement of our intellectual property, please let us know by contacting us at legal@midwestglobalgroup.com. We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website 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 donata@agencyattorneys.com , with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is Donata Kalnenaite, Esq. The following is her contact information: Donata Kalnenaite, Esq. donata@agencyattorneys.com (312) 391-4341 141 W. Jackson Blvd., Suite 1520A Chicago, IL 60604 You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Website on your copyright. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at donata@agencyattorneys.com and include the following information: 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; 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; Contests, Sweepstakes and Promotions Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. Indemnification In no event shall Midwest Global Group, Inc., nor its directors, employees, partners, agents, suppliers, or 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 Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; 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 we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Damages In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if we have been advised of the possibility of such damages. If, despite the limitation above, we found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, our liability will in no event exceed the fees that you paid us for the products that caused the damages or loss. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Midwest Global Group, Inc. Governing Law, Severability, Dispute Resolution, and Venue These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions. Our 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 our Website, and supersede and replace any prior agreements we might have had between us regarding the Website. All disputes shall be resolved by a court of law standing in DuPage County, Illinois. You hereby subject yourself to the jurisdiction of a court of law in DuPage County, Illinois and waive all claims to change venue. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website. Contact Us If you have any questions about these Terms, please contact us at sendmessage@midwestglobalgroup.com.