TERMS OF SERVICE
Introduction
This website and/or mobile app (collectively ”Site” or “Sites”) is provided by Midwestern Gentleman (“Midwestern Gentleman,” “we,” or “us”). These Terms of Service (“Terms”) apply to all Sites where they are posted and/or referenced. By using this Site, you accept these Terms. If you do not accept these Terms in their entirety, you are prohibited from using the Site.
Consent to Electronic Communications
When you visit the Site or send a communication from your devices to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you in a variety of ways, such as by email, in-app push notices or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Site Content, Errors, and Omissions
We, our affiliates and/or Site visitors may post content on the Site including, without limitation, merchandise information, product descriptions, reviews, and comments (collectively, “Site Content”). Despite our efforts to provide useful and accurate information, errors may appear from time to time. We do not warrant that Site Content is accurate, complete, reliable, current, timely or useful. We are not responsible for and cannot guarantee the performance of, or goods and services provided by, third-party advertisers on our Site or others to whose sites we link. Midwestern Gentleman may make changes to the materials contained on its website at any time without notice. However, Midwestern Gentleman does not make any commitment to update the materials.
Accounts
When you create an account on the Site, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and account. You agree to accept responsibility for any and all activities or actions that occur under your account and password, whether your password is with the Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Midwestern Gentleman reserves the right to refuse service, terminate or suspend accounts, remove or edit content, or cancel orders in its sole discretion, and for any reason whatsoever.
Purchase of Products/Services
If you desire to purchase any product or service made available through the Site (“Purchase” or “Purchases”), you will be asked to supply certain information relevant to your Purchase including, but not limited to, your credit card number, expiration date, and security code, your billing address, and your shipping information. You represent and warrant that (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, and (ii) the information you supply in connection with the Purchase is true, correct, and complete. Midwestern Gentleman may use third party services to facilitate payment and completion of Purchases. By submitting your information on the Site, you grant Midwestern Gentleman the right to provide the information to such third parties, subject to our Privacy Policy.
We reserve the right to refuse or cancel a Purchase at any time, for any reason, including, without limitation: product or service availability, errors in the description or price of the product or service, error in your Purchase or the information supplied by you, or any other reason. Midwestern Gentleman reserves the right to refuse or cancel your Purchase if fraud or an unauthorized or illegal transaction is suspected.
Third Parties
References on the Site to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third-party, its information, products, or services. We are not responsible for the content of any third-party linked site or any link contained in any linked site. Your use of a third-party site linked from our Site is at your own risk and will be governed by such third party’s terms and policies.
Intellectual Property
All copyrights, trademarks, trade dress, other intellectual property and materials on the Site (collectively, the “Intellectual Property”) are owned, controlled or licensed by Midwestern Gentleman, one of our affiliates, or by third parties who have licensed their materials to us and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the Intellectual Property and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Intellectual Property; (2) do not modify or alter the Intellectual Property in any way; and (3) do not provide or make available the Intellectual Property to any third-party in a commercial manner.
No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the Intellectual Property. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Intellectual Property, the Sites, or any related software without the prior express written consent of Midwestern Gentleman. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form). You may not misuse the Site. You may use the Site only as permitted by law and/or by these Terms. The licenses granted by Midwestern Gentleman shall automatically terminate if you do not comply with these Terms.
Software used on the Site is the property of Midwestern Gentleman or our content providers and is protected by U.S. and international copyright laws. All rights not expressly granted to you in these Terms are reserved and retained by Midwestern Gentleman or our content providers. Midwestern Gentleman’s names and logos, and all other graphics, logos, headers, buttons, scripts and service names included in or made available through the Site are trademarks or trade dress of Midwestern Gentleman or our content providers. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Midwestern Gentleman. Any marks not owned by Midwestern Gentleman or our content providers that appear on the Sites are the property of their respective owners, who may or may not be affiliated with or connected to Midwestern Gentleman.
Indemnification
You agree to indemnify, defend, and hold harmless Midwestern Gentleman, its affiliates, and their respective officers, directors, employees and agents, from and against any liability, claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, relating to or arising from your use of the Site and/or any breach by you of these Terms.
Reviews, Comments, Communications, and Other Content
You may be permitted to post and submit reviews, comments, images, videos, and other content to the Site, so long as the content is not, in Midwestern Gentleman’s sole discretion, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable, and does not consist of or contain any viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of unsolicited commercial messages. You may not use a false email address, impersonate any individual or entity, or otherwise mislead as to the origin of what you post on the Site or submit through the Site. If you post or submit content to us, and unless we explicitly state otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such content in any media. You grant to us the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right, but not the obligation, to monitor, edit or remove any activity or content on the Site. We take no responsibility and assume no liability for any content posted or submitted by you or any third-party.
DISCLAIMER
THIS SITE IS PROVIDED BY MIDWESTERN GENTLEMAN ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIDWESTERN GENTLEMAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIDWESTERN GENTLEMAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MIDWESTERN GENTLEMAN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED, INCLUDED, REFERENCED OR ADVERTISED ON THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM. THIS DISCLAIMER IS AN ESSENTIAL PART OF THESE TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MIDWESTERN GENTLEMAN OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MIDWESTERN GENTLEMAN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL MIDWESTERN GENTLEMAN BE LIABLE FOR ANY DAMAGES IN EXCESS OF $100.00 IN CONNECTION WITH YOUR USE OF THE SITE.
Applicable Law; Arbitration
By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Minnesota will govern these Terms and any dispute of any sort that might arise between you and Midwestern Gentleman. You further agree that: (i) the Site will be deemed solely based in Minnesota; and (ii) the Site will be deemed a passive website not giving rise to personal jurisdiction over Midwestern Gentleman, either specific or general, in jurisdictions other than Minnesota.
Any dispute or claim relating in any way to your use of the Site will be resolved by binding arbitration in the federal judicial district in Minneapolis, Minnesota, USA. Arbitrations required by these Terms will be conducted under the rules then prevailing of the National Arbitration Forum. The arbitrator’s award is binding. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, the Site, these Terms or your status as a Site visitor is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Midwestern Gentleman and you agree otherwise, the arbitrator may not consolidate more than one Site visitor’s claims.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created from these Terms, and you do not have any authority of any kind to bind Midwestern Gentleman in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email or posts on the Site. These Terms constitute the entire agreement between you and Midwestern Gentleman regarding use of the Site. Midwestern Gentleman’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated only to the extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The headings in these Terms are for convenience only and have no legal or contractual effect.
Modifications
Midwestern Gentleman may revise these Terms at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms.