Agreement between user and www.midwestreefsupply.com
Welcome to www.midwestreefsupply.com. The www.midwestreefsupply.com website (the ”Site”) is comprised of various web pages operated by Midwest Reef Supply LLC (“Midwest Reef Supply”). www.midwestreefsupply.com is offered to you conditioned on your acceptance without modifications of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.midwestreefsupply.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.midwestreefsupply.com is an E-commerce Site
The purpose of www.midwestreefsupply.com is to provide quality marine life and aquarium products; excellent product knowledge and technical detail; and extensive resources and information on marine life handling and care.
Visiting www.midwestreefsupply.com or sending emails to Midwest Reef Supply constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Midwest Reef Supply is not responsible for third party access to your account that results from theft or misappropriation of your account. Midwest Reef Supply and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Midwest Reef Supply does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.midwestreefsupply.com only with permission of a parent or guardian.
To help avoid returns, please be sure to ask questions on any product you are unsure of prior to purchasing them. We are qualified saltwater hobbyist and can help you find the best product for your needs. If you need to return an item, you first must contact us for an RMA (Return Merchandise Authorization) number. Any return shipped back to Midwest Reef Supply without this RMA number will be refused. To qualify for a return, you must meet the following criteria: 1) Returns must be issued an RMA number within 30 days of invoice date; 2) Product must be unopened and in resalable condition. All original instructions must be included. If your return is not in new condition or missing parts, we will issue a partial credit or possibly refuse the return; 3) Returns must be shipped back fully insured and properly packaged; 4) You must clearly mark the RMA number on the outside of the shipping package. Do not ship any product back in its product package. Always put the product inside a properly packaged container, otherwise the item will not be available for resale. Therefore, you would not be eligible to receive full credit for the merchandise or the refund can be declined altogether. Buyer is responsible for return shipping. Original shipping and return shipping charges are not refundable unless the merchandise was shipped in error by Midwest Reef Supply. Orders cannot be canceled once they have been shipped. Refused orders are subject to an automatic 25% restocking fee plus freight charges. Orders cannot be canceled or refused due to delays in shipping.
Links to Third Party Sites/Third Part Services
www.midwestreefsupply.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Midwest Reef Supply and Midwest Reef Supply is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Midwest Reef Supply is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Midwest Reef Supply of the site or any association with its operators.
Certain services made available via www.midwestreefsupply.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.midwestreefsupply.com domain, you hereby acknowledge and consent that Midwest Reef Supply may share such information and data with any third party with whom Midwest Reef Supply had a contractual relationship to provide the requested product, service or functionality on behalf of www.midwestreefsupply.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Midwest Reef Supply or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Midwest Reef Supply content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any product content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Midwest Reef Supply and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Midwest Reef Supply or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communications Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using Communication Services, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as righs of privacy and publicity) of other; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically offer such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or by reason should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Midwest Reef Supply has no obligation to monitor the Communication Services. However, Midwest Reef Supply reserves the right to review material posted to a Communication Service and to remove any materials in its sole discretion. Midwest Reef Supply reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Midwest Reef Supply reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Midwest reef Supply’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Midwest Reef Supply does not control or endorse the content, messages or information found in any Communication Service and, therefore, Midwest Reef Supply specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Midwest Reef Supply spokespersons, and their views do not necessarily reflect those of Midwest Reef Supply.
Material uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload materials.
Materials provided to www.midwestreefsupply.com or posted on any Midwest Reef Supply web page
Midwest Reef Supply does not claim ownership of the materials you provide to www.midwestreefsupply.com (including feedback and suggestions) or post, upload, input or submit to any Midwest Reef Supply Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting Midwest Reef Supply, our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Midwest Reef Supply is under no obligation to post or use any Submission you may provide and may remove and Submission at any time in Midwest Reef Supply’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Midwest Reef Supply account to third party accounts. By connecting your Midwest Reef Supply account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Midwest Reef Supply from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Midwest Reef Supply Content accessed through www.midwestreefsupply.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Midwest Reef Supply, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, and user postings by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Midwest Reef Supply reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Midwest Reef Supply in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, MIDWEST REEF SUPPLY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND.OR CHANGES IN THE SITE AT ANY TIME.
MIDWEST REEF SUPPLY LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT SUITABILITY, RELIABILITY, AVAILABILITY, TIMLINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICSCONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “ASIS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, MIDWEST REEF SUPPLY LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MECHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Midwest Reef Supply reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effects to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Midwest Reef Supply as a result of this agreement or use of the Site. Midwest Reef Supply’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Midwest Reef Supply’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Midwest Reef Supply with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Midwest Reef Supply with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Midwest Reef Supply with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Midwest Reef Supply reserves the right, in its sole discretion, to change the Terms under which www.midwestreefsupply.com is offered. The most current version of the Terms will supersede all previous versions. Midwest Reef Supply encourages you to periodically review the Terms to stay informed of our updates.
Midwest Reef Supply welcomes your questions or comments regarding the Terms:
Midwest Reef Supply
4151 River Rd.
Columbus, IN 47203
Effective as of August 01, 2014