Terms of Use

Welcome

Welcome to Midwest Sports Center's website, www.midwestsportscenter.com (the "Website"). These Terms of Use govern your access to and use of our Website, including all information, products, and services available through it. By accessing or using any part of our Website, you accept and agree to be bound by these Terms of Use, which form a legally binding agreement. If you do not agree to these Terms of Use, please do not use this Website.

Privacy

The information we collect and how we use it is described in our Privacy Statement. You can review our Privacy Statement by visiting our Privacy Statement page.

Changes to Terms of Use

We reserve the right to modify these Terms of Use and our Privacy Statement at any time. Changes will be effective immediately upon posting to this Website. We encourage you to review these Terms of Use periodically to stay informed of any updates. Your continued use of this Website after changes are posted constitutes your acceptance of those changes.

We reserve the right to refuse service, terminate accounts, and cancel orders at our discretion, including if we believe your conduct violates applicable law or is harmful to our interests, customers, or business partners.

This Website may change, and we may restrict access to, suspend, or discontinue this Website, or any portion of it, at any time without notice.

Ownership and Intellectual Property

This Website and all content displayed on it, including text, images, graphics, logos, software, data, and information, as well as all copyrights, trademarks, patents, and other intellectual property rights, are owned by Midwest Sports Center, our affiliates, or our licensors, and are protected under applicable laws.

We grant you a limited, non-exclusive right to access and download content from this Website solely for your personal, non-commercial use and as necessary to use any services available through this Website.

You may not:

• Modify, distribute, reproduce, display, or use this Website or any elements thereof except as expressly authorized
• Reproduce, retransmit, or represent any content, programming code, images, or graphics without our prior written permission
• Frame, overlay, or employ other techniques to enclose or display this Website with any other software or content
• Use any meta tags or "hidden text" utilizing our names or trademarks without our express written consent
• Decompile, disassemble, reverse engineer, or attempt to discover any source code contained in this Website
• Use automated means (including spiders, robots, crawlers, scrapers, or data-mining tools) to monitor, copy, download, or access data from this Website, except for general purpose internet search engines that comply with our policies

This Website includes trademarks and service marks owned by us, our affiliates, or third parties. You agree not to copy, use, or infringe upon these trademarks or service marks. You further agree that you will not alter or remove any copyright, trademark, or other notices from any Website content.

Use at Your Own Risk

We provide the content, information, and materials available through our Website for informational purposes only. You may use the content, information, data, and materials from this Website solely for your personal and non-commercial use. Before acting on any information found on our Website, you should independently confirm any facts that are important to your decision.

IF YOU RELY ON ANY CONTENT, INFORMATION, OR OTHER MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH OUR WEBSITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY CONTENT, INFORMATION, OR OTHER MATERIALS, PRODUCTS, OR SERVICES.

Your Account

If you create an account on this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept sole responsibility for all activities that occur under your account or password.

You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user due to someone else using your account or password.

To purchase products or services from this Website, you must be at least eighteen (18) years of age and use a valid payment method. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Third-Party Links

This Website may provide links or references to third-party websites that we do not operate. These links are provided for your convenience only and do not imply our endorsement of such third-party sites or their content. We disclaim all liability with regard to your access to such linked websites, and your use of any other websites linked to this Website is at your own risk.

We have no responsibility for the content of such third-party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on, or access to such third-party sites. We encourage you to review the terms of use and privacy policies of any third-party websites you visit.

This Website may use YouTube API Services to embed YouTube videos. Please see YouTube Terms of Service and Google Privacy Policy for more information.

Data Security

We have implemented physical, electronic, and managerial procedures that we believe are reasonable to safeguard and help prevent unauthorized access to, maintain data security for, and correctly use the information we collect online. However, while we make reasonable efforts to ensure the confidentiality of your personal information, we cannot and do not warrant or guarantee the absolute safety and security of confidential data on the Internet.

Data Collection and Use

Any personally identifiable information that you provide to us in electronic communications (including but not limited to email and SMS/text messages) is governed by our Privacy Statement. For a complete description of our collection and use of personally identifiable information and other data, please read our Privacy Statement, the terms of which are incorporated into these Terms of Use by reference.

User Content

You may have the opportunity to post or submit content and information, including reviews, opinions, data, materials, or other communications (collectively, "User Content"), to us via this Website. By submitting any User Content to us or posting any User Content on this Website, you:

• Grant us and our affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, translate, prepare derivative works from, publicly display, publicly perform, and distribute such User Content (in whole or in part) in any form, media, or technology now known or hereafter developed, on a worldwide basis
• Grant us and our affiliates and licensees the right to use the name that you use in connection with such submission or post, if and to the extent they so choose
• Represent and warrant that you own or otherwise control all rights to the User Content that you submit or post, the User Content is accurate, and the use of the User Content does not violate these Terms of Use and will not cause injury or damage to any person or entity

You also permit any other user of this Website to access, view, store, or reproduce your User Content for that user's personal use. By posting or submitting such User Content, you hereby waive any claim that we misappropriated any such User Content or any portions thereof.

Copyright Infringement

We respect the rights of all copyright holders and have adopted a policy that provides for the removal of content from this Website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
• Information reasonably sufficient to permit us to contact the complaining party (address, telephone number, and email address)
• A statement that the complaining party has a good faith belief that use of the material is unauthorized
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

For copyright inquiries, including notification of claims of infringement, please contact our Copyright Agent at: info@midwestsportscenter.com.

Disclosure of Information and Violations

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of this Website, or to identify, contact, or bring legal action against you or anyone else who may be causing injury to or interference with our rights or property, or the rights or property of visitors to or users of this Website.

We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process, or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You agree that we may, in our sole discretion and without prior notice, terminate your access to our Website and/or block your future access if we determine that you have violated these Terms of Use or other agreements or guidelines associated with your use of our Website. These remedies are in addition to any other remedies we may have at law or in equity.

Disclaimer of Warranties

YOU AGREE THAT OUR WEBSITE AND ALL CONTENT, INFORMATION, OR OTHER MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THAT YOUR USE OF OUR WEBSITE AND ALL CONTENT, INFORMATION, OR OTHER MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, AND OUR AFFILIATES, LICENSORS, AND LICENSEES, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND/OR YOUR USE THEREOF.

Limitation of Liability

NEITHER WE, NOR OUR AFFILIATES, LICENSORS, OR LICENSEES, SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE CONTENT, INFORMATION, OR OTHER MATERIALS, PRODUCTS, OR SERVICES CONTAINED WITHIN OR OTHERWISE AVAILABLE THROUGH OUR WEBSITE.

IN NO EVENT SHALL WE, OR OUR AFFILIATES, LICENSORS, OR LICENSEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SIMILAR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES OR PROFITS, OR LOSS OF BUSINESS OR DATA), EVEN IF WE OR ANY SUCH OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, you agree that our entire aggregate liability, if any, arising out of any kind of legal claim (whether in contract, tort, or under any other legal theory) arising out of your access to or use of, or inability to use, our Website or any content, information, or other materials, products, or services within or otherwise available through our Website, or our use of any materials that you provide to us, will not exceed one hundred dollars ($100).

Because some states/jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.

Indemnity

You hereby agree to indemnify, defend, and hold harmless us, and our affiliates, licensors, and licensees, from and against any and all claims, costs, demands, losses, damages, and expenses, including, without limitation, attorneys' fees, arising from or relating to:

• Your breach of these Terms of Use or any matter for which you are responsible or liable under the terms of these Terms of Use
• Third-party claims with respect to our use of any materials that you provide to us, including, but not limited to, infringement of copyright, proprietary rights, or any other claims
• Any dispute between you and any third party

Prohibited Uses

Your use of our Website for spamming is strictly prohibited. By using our Website, you agree not to use information concerning other users of our Website for any purpose that is not expressly permitted by these Terms of Use. You may not post information directed to or collect personal information from any minor.

You shall use our Website and the content, information, or other materials, products, and services available through it for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Website will not be permitted.

Governing Law and Jurisdiction

These Terms of Use are governed by the laws of the State of Missouri, U.S.A. You hereby consent to the exclusive jurisdiction and venue of state and federal courts in Missouri, U.S.A., for all disputes arising out of or relating to these Terms of Use, our Privacy Statement, the use of our Website, or the content, information, or other materials, products, or services within or otherwise available through our Website.

Use of our Website is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of our Website.

Miscellaneous

• You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
• You agree that any and all causes of action arising out of or relating to our Website shall be resolved individually, without resort to any form of class action.
• If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, all other terms and conditions shall remain in full force and effect.
• Our failure to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision.
• These Terms of Use, together with our Privacy Statement, constitute the entire agreement between the parties regarding the subject matter hereof.

Questions

If you have any questions about these Terms of Use, please contact us at info@midwestsportscenter.com.