Effective Date: June 13, 2023
Agreement to Terms
These Terms of Use (“Terms”) govern your access to and use of the website and online services operated by
Midwest Action Cycle (“Midwest Action Cycle,” “we,” “us,” or “our”). By accessing or using
this site (the “Site”), you agree to be bound by these Terms and our Privacy Policy.
If you do not agree, please do not use the Site.
Changes to These Terms
We may update these Terms from time to time. Changes are effective upon posting unless otherwise noted. Your continued
use of the Site following a change means you accept the updated Terms.
Eligibility & Accounts
The Site is intended for users 18+ in the United States. If you create an account, you are responsible for maintaining
the confidentiality of your credentials and for all activities under your account. Notify us promptly of any unauthorized use.
Permitted Use
You may use the Site for personal, non-commercial purposes only. You agree not to:
• access or use the Site in any unlawful or prohibited manner;
• interfere with or disrupt the Site’s operation or security;
• copy, scrape, index, or mirror any part of the Site without written permission;
• use robots, spiders, or other automated means to access the Site;
• submit false, misleading, or infringing content.
We may suspend or terminate access for violations at our discretion.
Ownership & Intellectual Property
The Site, including text, images, graphics, logos, videos, designs, and other materials (collectively, “Content”),
is owned by Midwest Action Cycle or its licensors and protected by U.S. and international laws. Except as expressly
permitted, you may not reproduce, distribute, modify, publicly display, or create derivative works from the Content
without our prior written consent. All trademarks, service marks, and logos are the property of their respective owners.
Submissions & Reviews
If you submit reviews, comments, images, or other materials (“User Content”), you grant us a worldwide,
royalty-free, perpetual license to use, reproduce, modify, publish, and display such User Content in any media for
promotional and operational purposes. You represent that you own or control all rights in your User Content and that
it does not violate any law or third-party rights. We may remove User Content at any time.
Copyright Complaints (DMCA)
If you believe Content infringes your copyright, please send a notice to
legal@midwestactioncycle.com including:
(1) your signature; (2) identification of the work and the infringing material; (3) your contact info; (4) a statement of good-faith belief; and
(5) a statement under penalty of perjury that your notice is accurate and you are authorized to act. We may remove or disable access to allegedly infringing material and terminate repeat infringers.
Products, Pricing & Availability
Listings, pricing, fees, specifications, photos, and availability are subject to change without notice and may be approximate.
We try to be accurate but do not warrant that descriptions or pricing are error-free. Orders are offers to purchase and are
subject to acceptance. We reserve the right to cancel or correct orders (e.g., for errors or suspected fraud).
Financing, Trade-Ins & Service
Financing is subject to credit approval by third-party lenders. Terms vary based on creditworthiness and other factors.
Trade-in values are estimates and contingent on in-person inspection. Service times and estimates are not guarantees.
Disclaimers
THE SITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDWEST ACTION CYCLE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE,
EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE SHALL
NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNT YOU PAID TO US FOR THE APPLICABLE TRANSACTION, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify, and hold harmless Midwest Action Cycle and its officers, directors, employees,
and agents from any claims, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of
or related to your use of the Site or violation of these Terms.
Dispute Resolution; Arbitration & Class Action Waiver
YOU AND MIDWEST ACTION CYCLE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS
OR YOUR USE OF THE SITE WILL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS,
REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. You waive any right to a jury trial.
The arbitration will be administered by a nationally recognized arbitration provider under its applicable rules.
You may bring claims in small claims court if your claims qualify. This section shall survive termination of these Terms.
Governing Law
These Terms are governed by the laws of the State of Wisconsin and the United States, without regard to conflict-of-laws rules.
Subject to the Arbitration section above, you consent to the exclusive jurisdiction and venue of the state and federal courts
located in Wisconsin for matters not resolved by arbitration.
Third-Party Links & Services
The Site may contain links to third-party websites or services that we do not control. We are not responsible for the content,
policies, or practices of third parties. Use third-party sites at your own risk.
Communications; SMS Terms
By providing your phone number or email, you consent to receive service and marketing communications (including autodialed or
prerecorded messages) from or on behalf of Midwest Action Cycle. Consent is not a condition of purchase. Message and data rates
may apply. You can opt out of marketing emails via the unsubscribe link and opt out of texts by replying STOP.
Privacy & Cookies
Your use of the Site is also subject to our Privacy Policy and
Cookie Notice, which describe our practices regarding personal information and cookies.
Termination
We may suspend or terminate your access to the Site at any time for any or no reason. Upon termination, your right to use
the Site will immediately cease, but the disclaimers, limitations, and arbitration provisions will survive.
Miscellaneous
These Terms constitute the entire agreement between you and us regarding the Site and supersede prior agreements.
If any provision is held invalid, the remaining provisions will remain in full force. You may not assign these Terms
without our consent; we may assign them without restriction.
Contact Us
Midwest Action Cycle Inc.
2463 Vista Dr, Lake Geneva, WI 53147
Phone: (262) 248-9121
Email: legal@midwestactioncycle.com