Terms of Service
This page explains our terms of service, which contain important information about your legal rights
Terms last modified on January 11, 2019.
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to the Midwest Machinery Rewards Program, operated by Midwest Machinery LLC. Midwest Machinery LLC (referred herein as “Midwest Machinery,” “we,” “our,” or “us”) provides access to the Midwest Machinery Rewards Program (the “Rewards Program”) for certain authors of add-on applications (“Add-On Applications”) and/or add-on application libraries (“Add-On Libraries” and collectively with Add-On Applications, “Add-Ons”) that are distributed through midwestmachinery.net and other websites that are the part of the Midwest Machinery website network (collectively, the “Sites”) and certain other account holders of the Sites that participate in various programs offered by Midwest Machinery.
If you have any questions about the Rewards Program, you can e-mail us at firstname.lastname@example.org. Please include your name and username in all correspondence.
Description of Rewards Program
The Rewards Program provides certain users of the Sites the opportunity to receive Midwest Machinery Rewards Points (“Points”) based upon certain metrics that Midwest Machinery determines in its sole discretion, which metrics Midwest Machinery may change from time to time in its sole discretion, with or without notice to you.
Rewards Program TOS Updates
Midwest Machinery may revise this Rewards Program TOS as the Rewards Program evolves. You must agree to all revisions if you choose to continue participating in the Rewards Program. By using the Rewards Program after such an update, you agree to the then-current version of this Rewards Program TOS as posted on https://midwestmachinery.net/. If at any point you do not agree to any portion of the then-current version of this Rewards Program TOS, you must immediately discontinue being a member of the Rewards Program and opt-out of the Rewards Program by going to the Rewards Program Settings section of your user profile.
You must be an individual person at least 18 years of age to register for the Rewards Program. Minor children cannot participate in the Rewards Program. Any entity other than individual persons are not allowed to register for the Rewards Program. To register for the Rewards Program, you must have an active, valid user account through the Sites and “opt-in” to participate in the Rewards Program. If you are part of a team, you may register for the Rewards Program on behalf of your team, however, you will be solely responsible for distributing Points earned, if any, amongst your team members. Midwest Machinery shall have no responsibility over, nor incur any liability related to, the distribution of Points between you and the rest of the creators of your team.
Points may be earned in a variety of manners, including, without limitation: (1) Purchasing certain products; (2) participating in classes; (3) completing website actions (4) engaging in other activities for which points may be earned. Midwest Machinery determines, in its sole and absolute discretion: (a) how Points are earned; (b) the amount of Points earned for each particular Rewards Program activity; and (c) when such Points, if any, shall be distributed to you. Midwest Machinery expressly reserves the right to establish additional means of earning Points, to delete any or all means of earning Points, to exclude specific types of activities from those that allow points to be earned, to adjust your points, or to terminate the Rewards Program at any time, for any reason, or no reason at all.
Rewards will be earned and calculated as specified in the FAQs found at https://midwestmachinery.net/.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE REWARDS PROGRAM DOES NOT GUARANTEE THAT YOU WILL EARN ANY POINTS. MIDWEST MACHINERY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT YOU WILL RECEIVE ANY POINTS THROUGH YOUR PARTICIPATION IN THE REWARDS PROGRAM.
You may redeem Points through certain designated areas of the Sites in which Midwest Machinery may offer various items with assigned Point values. When you select a particular item offered through the Sites, and provided you have enough Points to acquire that item, the Points in your account will be reduced by the Point value designated for such item after you have completed the ordering process. Physical products that you have ordered through Points redemptions will be delivered at the complete discretion of Midwest Machinery, LLC.
ALL REDEMPTIONS OF POINTS ARE DEEMED FINAL. YOU ACKNOWLEDGE AND AGREE THAT REDEMPTIONS OF POINTS ARE NOT REFUNDABLE, IN WHOLE OR IN PART. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL REDEMPTIONS OF POINTS THROUGH YOUR ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED REDEMPTIONS.
You acknowledge and agree that you are solely liable for the payment of any and all taxes resulting from your redemption of Points, and you further acknowledge and agree that you will execute any documents and do any such other acts or deeds as requested by MIDWEST MACHINERY with regards to your payment of such taxes. Reward items may be subject to third party terms and conditions.
Points will expire on the second anniversary from the end of the month in which you earn them. For example, if you earn 10 Points in February, 2013, those 10 Points will expire if you do not redeem them prior to February 28, 2015. Midwest Machinery may, but is not obligated to, provide you an email reminder that your Points will expire to the email address you provided in creating your Rewards Program account. You are solely responsible for tracking when your Points will expire.
As between you and Midwest Machinery, Midwest Machinery owns the Sites and the Points. You hereby expressly acknowledge and agree that:
POINTS HAVE NO VALUE OUTSIDE OF THE MIDWEST MACHINERY REWARDS PROGRAM AND YOU HAVE NO CLAIM, RIGHT, TITLE, PROPRIETARY OR OWNERSHIP INTEREST IN ANY POINTS; AND
MIDWEST MACHINERY SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING OF OR ANY OTHER DAMAGE OR LOSS OF ANY KIND OF THE POINTS YOU HAVE RECEIVED, IF ANY, INCLUDING, BUT NOT LIMITED TO, DELETION OF POINTS UPON THE TERMINATION OR EXPIRATION OF YOUR ACCOUNT OR EXPIRATION OF POINTS PURSUANT TO SECTION 6.
You agree that you will not buy, sell or trade, or offer to buy, sell or trade, any Points with any individual or entity other than by (1) redeeming Points with Midwest Machinery pursuant to Section 5 above; or (2) giving Points to other Midwest Machinery account holders through the Sites. For the avoidance of doubt, and in no way limiting the foregoing, you are prohibited from offering for sale or purchasing any Points (whether or not held by accounts registered to you) outside of the Sites, through a website, or any other medium, or exchanging Points, whether inside or outside the Sites except as set forth in Section 5 above or in this Section 8, for anything of value outside the Sites.
Midwest Machinery has the right to terminate your Sites account if you violate the Terms of Service or any other Midwest Machinery policy. Additionally, Midwest Machinery may terminate your Sites account if Midwest Machinery determines, in its sole and absolute discretion that you have: (1) engaged in fraud or deceitful conduct relating to the Rewards Program; or (2) engaged in any illegal act or violated any law, regulation or policy relating to the Rewards Program.
You expressly acknowledge and agree that your participation in the Rewards Program is void where prohibited or restricted by law.
Disclaimer of Warranties
YOUR PARTICIPATION IN THE REWARDS PROGRAM IS AT YOUR SOLE RISK. THE REWARDS PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIDWEST MACHINERY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MIDWEST MACHINERY MAKES NO WARRANTY THAT (I) THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS, (II) THE REWARDS PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATING IN THE REWARDS PROGRAM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE REWARDS PROGRAM WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITES AND/OR REWARDS PROGRAM WILL BE CORRECTED.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDWEST MACHINERY, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIM ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE REWARDS PROGRAM AND/OR THE SITE, EVEN IF MIDWEST MACHINERY AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF MIDWEST MACHINERY OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU RECEIVED THROUGH REDEEMING POINTS DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Midwest Machinery and/or the Related Parties shall be limited to the fullest extent permitted by law.
In addition to your indemnification obligations set forth in the Terms of Service, you agree to indemnify, defend and hold Midwest Machinery and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Rewards Program TOS.
You acknowledge that Midwest Machinery, in its sole discretion, may terminate your username, password, account (or any part thereof) or use of the Rewards Program for a variety of reasons, including, without limitation, if Midwest Machinery believes that you have violated or acted inconsistently with the letter or spirit of the Rewards Program TOS or any other agreement referred to in the Rewards Program TOS. You agree that any termination of your access to the Rewards Program under any provision of the Rewards Program TOS may be effected without prior notice, and acknowledge and agree that Midwest Machinery may immediately deactivate or delete your account and/or bar any further access to the Rewards Program. If your account is terminated by Midwest Machinery, it will not be automatically renewed and access will be terminated, without refund. If for any reason your account is terminated by either Midwest Machinery or you, all Points in your account will be immediately forfeited. Further, you agree that Midwest Machinery shall not be liable to you or any third-party for termination of your access to the Rewards Program.
In the event of any conflict between the Terms of Service and this Rewards Program TOS, the terms and provisions of this Rewards Program TOS shall control and prevail to the extent related to the Midwest Machinery Rewards Program.
We may contact you via e-mail or postal mail to provide you with information about the Rewards Program or your account or to provide you with information about special offers available only to Midwest Machinery Rewards Program participants. Midwest Machinery is not responsible for lost or unopened emails or postal mail.