/MW Industries, Inc. Terms of Use
MW Industries, Inc. Terms of Use2018-10-02T13:06:32+00:00

MW Industries, Inc. Terms of Use

Last Update: September 1, 2018

Cyber Security

As a valued customer, we want to make sure you protect your privacy. We have been made aware of a phishing attempt to wire money for outstanding invoices outside of normal MW timeframes and to accounts not affiliated with MW Industries.

No MW Industries company will request money to be transferred to an account or bank NOT documented on an official Invoice. Nor will we request this information via email at any time. All requests for wire transfers or ACH payments are to be documented via Invoice Documents and/or via phone call with an employee of the MW Industries location. If you receive any such emails, please make sure to call the location and contact the person responsible for Accounts Receivable immediately to remediate.

If you are paying with a Credit Card directly to a site or through one of our eCommerce sites, please be assured we are PCI Compliant. All locations and all methods of Credit Card payments adhere to these regulations and standards.

Please read the following Terms of Use carefully.  These Terms of Use govern the relationship between MW Industries, Inc. (“MWI,” “we,” “us,” “our”), and individuals who view any websites owned or operated by MWI (each, a “Site”). By accessing, viewing, downloading, or otherwise using the Site or any webpage or service available via the Site, you (the “User,” “you”) acknowledge and agree to be bound by the following terms and conditions.  We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.  Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.  If you do not agree to abide by these or any future Terms of Use, DO NOT CONCLUDE THIS AGREEMENT, AND DO NOT USE OR ACCESS (or continue to use or access) the Site, VIEW, DOWNLOAD, OR OTHERWISE USE ANY MWI WEBPAGE, INFORMATION OR SERVICES.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

  1. Intellectual Property Notices

All content on the Site, including the logo, articles, other text and graphics (collectively, the “Site Content”) is the intellectual property of MWI or its licensors.  The Site Content available on the Site are protected by trademark, trade dress, copyright, and patent laws of the U.S.  The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of MWI.  You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records.  MWI reserves the right to revoke this authorization at any time.

You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by MWI.

  1. Eligibility to Use the Site

You represent and warrant that you: (a) are not under the age of 18; (b) have not previously been suspended or removed from MWI; (c) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (d) that you understand that the use of the Site is at your own risk.  The Site Content on MWI may not be appropriate or functional for use outside the United States of America.  Users located outside the United States use the Site understanding this limitation.

  1. General Terms and Conditions

As part of your use of the Site, you may be required to submit certain content (including any name, contact information, business information, and other personal information) (“User Content”).  By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.

MWI exercises no control over any content you or others submit while using the Site.  While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Site.  MWI has no obligation to verify the identity of any Users when they are connected to MWI or to supervise the content which has been provided by Users.  We may update our policies and practices from time to time at our sole discretion.  Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform MWI by contacting us at the information provided below.

  1. Prohibited Conduct

You expressly agree to refrain from doing, either personally or through an agent, any of the following:

  • Use any device, robot, spider, script, automated process, or manual process or other means to harvest information about other Users or any Site Content.
  • Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
  • Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Site that in any way affects the use, enjoyment or service of any User’s or any MWI employee’s computer or other medium used to access the Site.
  • Transmit, install, upload or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive.  MWI reserves the sole discretion to determine the nature of the material.
  • Transmit, install, upload or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
  • Modify the information, including headers, found on the Site.
  • Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
  • Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that MWI determines is detrimental to the use and enjoyment of the Site.
  • Use the Site for any unlawful or defamatory means.
  • Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

You acknowledge and agree that we may send you information and notices regarding our services by email or through other means.  You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about our services.  You acknowledge, consent and agree that we may access, preserve, and disclose your information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of MWI, its Users and the public.

  1. INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MWI AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF OR CONNECTION TO THE SITE (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY).  WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.

  1. DISCLAIMER OF WARRANTIES

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

YOUR USE OF THE SITE, AND THE SITE CONTENT IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED.  THE SITE, INCLUDING THE SITE CONTENT AND ANY SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  MWI DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  MWI MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, ANY CONTENT ON THE SITE, OR ANY SERVICES.

MWI MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENT, INFORMATION, OR OTHER MATERIAL(S) OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.  IN PARTICULAR, THE SITE’S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS.  MWI DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING.  FURTHERMORE, MWI DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

MWI IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SITE TO ANYONE.  IN ADDITION, WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO NONINFRINGEMENT, WHETHER EXPRESS OR IMPLIED.  ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

MWI DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE BY OTHER USERS.  THEREFORE, MWI DISCLAIMS ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF THE SITE.

MWI does not guarantee and is not obligated to guarantee the availability, accessibility, or usability of our site.  MWI, in our sole discretion, may interrupt the availability, accessibility, or usability of our Services, without notice, at any time, without any liability.

  1. LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

TO THE FULL EXTENT PERMITTED BY LAW, MWI IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF MWI HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) THE SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.

  1. Advertisements and Promotions

MWI may run advertisements and promotions from third parties on the Site.  Your correspondence or business dealings with, or participation in promotions of, advertisers other than MWI found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.  MWI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-MWI advertisers on the Site.

  1. Third Party Content

You may find links to other Internet sites or resources on the Site.  You acknowledge and agree that MWI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Site Content, advertising, products, or other materials on or available from such sites or resources.  MWI will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods or services available on or through any such site or resource.

  1. Use of Third Party Applications and Services

MWI uses third party applications, hardware, software, and services in providing the Site’s functionality to you.  For the purposes of providing the Site’s functionality to you, MWI may deliver pass data, including, but not limited to, User Content, to such third parties.

  1. Controlling Law

Illinois law and controlling U.S. federal law govern any action related to the Terms of Use and/or your use of the Site.  Choice of law rules of any jurisdiction will not apply to any dispute under the Terms of Use.  You and MWI agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois, U.S.A.

  1. Entire Agreement

This Agreement contains the full understanding between the parties regarding the subject matter hereof, and supersedes all prior negotiations, representations, or agreements, whether oral or written, with respect to such subject matter.  If any provision of the Terms of Use is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms of Use will remain in full force and effect.

  1. Contact

For any questions, comments or inquiries, you may contact us at:

By Mail:

MW Industries, Inc.
Data Privacy Officer
9501 Technology Blvd, Ste 401
Rosemont, Illinois  60018

By Email:

info@mw-ind.com