PLEASE READ THESE TERMS OF USE (“TERMS” OR "TERMS OF USE") CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS, AS SUPPLEMENTED OR MODIFIED BY “SUPPLEMENTAL TERMS OF USE”.

1. Parties. Midwest Equipment, LLC ("Operator") is the commercial operator of this Site, although software and other functions and content may be provided by other companies affiliated with Operator ("Affiliates"), or merely in a business relationship with Operator ("Business Partners”). Operator's Affiliates and Business Partners are intended third-party beneficiaries of these Terms of Use. This Site is not intended for individuals under 18 years of age.
    
2. Changes in Terms. Operator may change these Terms from time to time. Your continued use of this Site after any changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use this Site and do not download materials from them.
    
3. Changes in Site(s). Operator may terminate, remove, modify, change, suspend or discontinue any aspect of this Site, including the availability of any features or content, which it controls. Affiliates and Business Partners may also terminate, remove, modify, change, suspend or discontinue any aspect of this Site, including the availability of any features or content, which they control. Operator may impose limits on certain features and services, or terminate or restrict your access to part or all of any of this Site without liability. Operator may also without liability: (a) remove, modify or otherwise change any user’s Site access for material breach of this Agreement; (b) supplement or make changes to its user access or security procedures; and (c) change the type or location of Operator equipment, facilities or software used by it in providing access provided that no such action shall have the effect of amending or otherwise affecting the parties’ respective obligations under any contract with Operator or its Affiliates. All obligations created before termination shall survive termination.
    
4. Privacy Policy. Operator's Privacy Policy, incorporated by this reference, describes the type of information Operator and its Business Partners, Service Providers and Affiliates collect when you visit this Site and how they use that information. Please see our Privacy Policy for more information.
    
5. Proprietary Rights. Unless Operator or one of its Affiliates or Business Partners specifically agrees otherwise, the following terms apply to all activity on this Site.
   
   (a) Confidentiality. The following restrictions apply to use of material on this Site: (i) if any information is marked “Proprietary” or “Confidential” or words of like import, you will hold such information in confidence, use it exclusively in connection with the activities for which you are authorized on this Site, and not publish or otherwise disclose it to others; (ii) if any information contains restrictions on use or disclosure, you will comply with the restrictions; and (iii) you will keep all restrictive language intact in all copies.
   
   (b) Copyrights. Operator and its Licensors, Affiliates and Business Partners each reserve copyrights in all content that each provides to this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their coordination, selection and arrangement. You may not prepare derivative works based upon such content, nor may such content be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission of the copyright owner. No such activity may be competitive with or derogatory to Operator, its Licensors, Affiliates or Business Partners. All copyright or other proprietary notices must be kept intact. You may not distribute any of the content of any of this Site to any other person unless that person accepts all obligations under these Terms. Any copyright owner consent may be revoked at any time, and such consent does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation, unless expressly given in writing. Any other use of the content of this Site is strictly prohibited. You further agree that you will not extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to personally identifiable information of any other user of this Site, or the names of customers Operator or its Affiliates or Business Partners.
   
   (c) Trademarks. No trademark, service mark, certification mark, collective mark or trade dress (collectively “Trademarks”) owned by Operator, its Licensors, Affiliates or Business Partners may be copied, imitated, or used, in whole or in part, without prior written permission of the owner of the relevant Trademark. All page headers, custom graphics, and button icons may be Trademarks owned by Operator, its Licensors, Affiliates or Business Partners which may not be copied, imitated, or used, in whole or in part, without the relevant owner’s prior written permission. No rights to use any Trademarks are granted under these Terms. Certain company names and products mentioned on this Site may be claimed as Trademarks by their respective owners, who may not be affiliated with Operator, its Licensors, Affiliates or Business Partners.
   
   (d) Patents. Some products and processes used on the Sites may be covered by, or may be subject to, one or more patents and are subject to other trade secret and proprietary rights. Operator, its Licensors, Affiliates and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes on this Site.
   
   (e) Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, "Software"), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on this Site or in an applicable written document, provided that such uses are not competitive with or derogatory to Operator its Affiliates or Business Partners. Operator and its Affiliates and Business Partners retain full and complete title to and all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works based upon any Software.
   
   (f) License. Except as otherwise provided in our Privacy Policy, in Supplemental Terms of Use posted on a Site, or in a separate contract, you agree that any communications you transmit to anyone through this Site or copyrighted works you post on this Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, performance data, account information, or other material, data or information (collectively, "Information"), need not be handled as confidential by Operator or its Affiliates or Business Partners and you further agree that upon transmission of such information to Operator or its Affiliates or Business Partners via email or other means you grant to Operator and its Affiliates and Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to prepare derivative works, use, reproduce, display, publicly perform, transmit and distribute such Information and derivative works thereof for any purpose.
   
   
6. Disclaimers. Unless Operator agrees otherwise in a separate writing, the following terms apply to all activity on this Site.
   
   (a) THIS SITE, ITS CONTENT AND THE AVAILABILITY OF LISTED EQUIPMENT AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ALL EQUIPMENT(S) AND/OR THEIR CONTENT IS AT YOUR SOLE RISK.
   
   (b) TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPERATOR AND ITS AFFILIATES AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF ANY SITE WILL NOT EXPAND OPERATOR’S LIABILITY BEYOND THE LIMITS OF ANY CONTRACT UNDER WHICH ACCESS HAS BEEN GRANTED. YOU UNDERSTAND AND AGREE THAT OPERATOR IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, LOSS OF DATA OR MISDELIVERIES THAT RESULT FROM USE OF THE SITE OR DOWNLOAD OF ANY CONTENT, DATA AND/OR SOFTWARE FROM THE SITES. OPERATOR ASSUMES NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, COMPATIBILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE THROUGH THIS SITE. OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY THAT ANY SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.
   
   (c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN AN APPLICABLE WRITTEN CONTRACT.
   
   (d) THIS SITE TOGETHER WITH ANY DOCUMENTS ISSUED BY OPERATOR OR ITS AFFILIATES OR BUSINESS PARTNERS AND AVAILABLE THROUGH THE SITES MAY CONTAIN CERTAIN "FORWARD-LOOKING STATEMENTS" WITHIN THE MEANING OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THESE STATEMENTS ARE BASED ON MANAGEMENT'S CURRENT EXPECTATIONS AND ARE SUBJECT TO UNCERTAINTY AND CHANGES IN CIRCUMSTANCES. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THESE EXPECTATIONS DUE TO CHANGES IN GLOBAL ECONOMIC, BUSINESS, COMPETITIVE MARKET AND REGULATORY FACTORS. MORE DETAILED INFORMATION ABOUT THOSE FACTORS IS CONTAINED IN OPERATOR’S FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
   
   (e) ALTHOUGH DATA, QUOTES, STATUS REPORTS, TECHNICAL DRAWINGS, CONFIGURATIONS, AND CATALOG LISTINGS ON THIS SITE ARE BELIEVED TO BE ACCURATE, YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF THE INFORMATION AND THE USEFULNESS TO YOUR PARTICULAR NEEDS OF ANY PRODUCT OR SERVICE. SPECIFICATIONS FOR PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND OPERATOR AND ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS PARTNERS RESERVE THE RIGHT TO MAKE CHANGES WITHOUT NOTICE TO PROCESSING, MATERIALS, OR CONFIGURATION. PRODUCTS LISTED IN ONLINE CATALOGS ARE NOT GUARANTEED TO BE AVAILABLE AT THE TIME OF YOUR ORDER.
   
   
7. Limitation of Liability.
   
   UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OPERATOR OR ITS AFFILIATES, BUSINESS PARTNERS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OPERATOR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION 10 AND SECTION 9 ABOVE SHALL ALSO APPLY TO PROTECT THE PARENTS AND SUBSIDIARIES OF OPERATOR AND ITS AFFILIATES, BUSINESS PARTNERS, VENDORS, AND SUPPLIERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THEM, WHO ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT FOR THIS PURPOSE, AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
    
8. General
   
   (a) International. Your access to this Site from territories where its contents may be illegal is prohibited.
   
   (b) Compliance with Export Control Laws. All transactions and other activity on this Site shall at all times be subject to and conditioned upon compliance with all applicable export control laws and regulations and any amendments thereof of the U.S.A. and user’s country. User hereby agrees that it shall not, except as said laws and regulations may expressly permit, make any disposition by way of transshipment, re-export, diversion or otherwise, of technical information (including but not limited to technical data and software) made available on or through this Site, or the direct product thereof, other than as permitted by applicable export control laws and regulations. Additional export restrictions, including those relating to nuclear technical data, information, software, assistance and services, may also apply, as stated in the Terms of Use or Supplemental Terms of Use for this Site or any applicable agreement. All obligations in this paragraph survive any termination of site access, and discharge of any other contract obligations.
   
   (c) Applicable Law. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the District Court of Will County, Illinois, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the Illinois for any disputes arising from or related to this Site or these Terms. You also agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
   
   (d) English Language. The parties agree that there shall be no requirement to translate any of this Site, or any portion thereof or content thereon, into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language.
   
   (e) Enforceability. These Terms are not intended to alter the terms or conditions of any other agreement you may have with Operator or its Affiliates or Business Partners to the extent that those agreements govern issues other than your use of any of this Site, nor any agreements that they may have with one another. Should any provision in these Terms be found invalid or unenforceable for any reason, that provision shall be deemed severable from the Terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of this Site must be filed within one year after it arose or be permanently barred.

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