Midwest Oil Gas Terms
and Conditions"), explain the contractual agreement between you
and Midwest Oil Gas Inc., Inc. ("us", "we" or
"Midwest Oil Gas Inc.") regarding your use of our web site
(the "Web Site") and our facilitation of your activities
and transactions conducted through the Web Site or through other interaction
with us (the "Services").
Acceptance of Terms.
All users of the Web Site and our Services are required to accept
and owners ("Sellers") of services and unused, used, and
surplus material and equipment ("Assets") and potential
purchasers ("Buyers") of such Assets to exchange Information,
and to facilitate an electronic marketplace for the Assets. Non-conformance
with and your right to use Midwest Oil Gas Inc's Services or Web Site.
By registering to use or using this Web Site, or invoicing from Midwest
Oil Gas Inc. you agree and ratify that you accept all of the terms and
use any of the services of Midwest Oil Gas Inc.
The Services are available only to duly organized businesses that are
in good standing under applicable state laws. The Services are limited
to those officers or agents who are authorized to form legally binding
contracts under applicable law on behalf of a business, and are not
available for consumer use. Midwest Oil Gas Inc. assumes that the individual
authorized officer or agent acting in such capacity on behalf of the
business he or she represents. All references to the term "you"
that the user represents. Midwest Oil Gas Inc. may refuse the Services
to anyone or any entity at any time, in our sole discretion.
Private sales that are managed by Midwest Oil Gas Inc., as agent for
Sellers, are posted in the equipment catalog and/or other areas of the
Buyers' Duty to Inspect Lot.
Midwest Oil Gas Inc. will post the listings for sale on the Web Site.
Each Listing will include the location of the Asset for Sale. All items
are listed as accurately as possible; however, all descriptions and
representations of items on the Web Site serve as merely a guide, subject
to change. Neither Midwest Oil Gas Inc., the Sellers, nor any third
party making claims as to the description of items on the website, shall
be liable for any errors on the Web Site. All items will be sold 'AS
IS, WHERE IS, WITH ALL FAULTS' and without guarantee or warranty of
any kind. Buyers are solely responsible for the inspection of all items,
and accept such items with any faults or defects.
Upon receipt of a signed contract, Midwest Oil Gas Inc. will post the
information about the equipment in the equipment catalog and/or other
parts of the website. Midwest Oil Gas Inc. reserves the right to list
equipment without a signed agreement contract, inform of electronic
mail as well. Each Seller is solely responsible for checking the Web
Site to ensure the information in their listing is correct. Sellers
are legally bound by the contract signed at the time of listing the
equipment. No equipment shall be listed without a contract or seller’s/
When users list an item, users have an opportunity to review and accept
the fees that users will be charged for the use of our third-party
listing services. We may in our sole discretion change some or all
of our services at any time. In the event we introduce a new service,
the fees for that service are effective at the launch of the service.
Unless otherwise stated, all fees are quoted in U.S. Dollars. Users
are responsible for paying all fees associated with using our service
and our website and all applicable taxes.
Terms and policies for sale of Drilling Rigs products. Midwest oil
and gas terms and policy.
RIGHT TO TERMINATE
A. Midwest Oil Gas Inc. Right to Terminate.
Midwest Oil Gas Inc. reserves the right in its sole discretion to refuse
the Services to any user at any time. Further, Midwest Oil Gas Inc.
reserves the right to terminate the listing of any Asset at any time
with no liability to the Seller or prospective Buyer of such Asset.
WE MAY IMMEDIATELY ISSUE A WARNING, TEMPORARILY SUSPEND, OR TERMINATE
YOUR USE AND/OR ACCESS TO THE WEB SITE OR THE SERVICES, AND ANY OF YOUR
CURRENT LISTINGS, AND ANY OTHER INFORMATION YOU PLACE ON THE WEB SITE
ANY INFORMATION YOU PROVIDE TO US.
B. Your Right to Terminate.
Oil Gas Inc.; provided, however, that such termination will not relieve
you of any obligations occurring prior to such termination, and immediately
upon such termination, you will no longer be authorized to use the Services
YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS MIDWEST OIL GAS INC. AND
ITS EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS, DIRECTORS AND ASSIGNS,
FROM AND AGAINST ANY SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, COSTS
AND EXPENSES (INCLUDING ATTORNEY AND ACCOUNTING FEES) ARISING OUT OF
OR RELATING TO ANY CLAIM OR ACTION BASED UPON (A) YOUR BREACH OF THESE
PROVIDED THAT MIDWEST OIL GAS INC.: (I) PROVIDES YOU WITH PROMPT WRITTEN
NOTICE OF SUCH CLAIM; (II) PERMITS YOU TO CONTROL THE DEFENSE AND SETTLEMENT
OF SUCH CLAIM; AND (III) DOES NOT ENTER INTO ANY SETTLEMENT OR COMPROMISE
OF ANY SUCH CLAIM.
LIMITATIONS OF Midwest Oil Gas Inc's
YOU AGREE YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE
SERVICES ARE PROVIDED, "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY
FOR THE INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR ASSETS PURCHASED
THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION
INFORMATION ON ASSETS PURCHASED OR SOLD OR INTENDED TO BE PURCHASED
OR SOLD BY ANY BUYER OR SELLER BASED, IN ANY PART, ON INFORMATION OBTAINED
THROUGH THE SERVICES. ALL SALES AND INVOICING ARE FINAL, NO REFUNDS.
SPECIFICALLY, Midwest Oil Gas Inc. DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, OR CONTENT OF THE INFORMATION, ASSETS, OR THE SERVICES;
2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, 3) ANY WARRANTIES CONCERNING THE ABILITY
OF A USER TO PROVIDE OR DELIVER ANY PRODUCT, SERVICE OR ASSET OR TO
PAY A USER FOR ANY PRODUCT, SERVICE OR ASSET, AND 4) ANY WARRANTIES
OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO Midwest Oil Gas Inc's
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. THIS INCLUDES NO REFUNDS
OF TRANSACTIONS, INVOICES, OR DOWNPAYMENTS OF EQUIPMENT OR SERVICES.
Midwest Oil Gas Inc. is committed to protecting the privacy of the users
of the Web Site. However, Midwest Oil Gas Inc. cannot guarantee the
security of any information you disclose online, and you assume sole
and complete risk for using this Web Site. Midwest Oil Gas Inc. is not
responsible for the security of any information transmitted via the
Internet or any error or delay in transmitting any information over
the Internet, including limitations as to authentication and privacy
protection measures. You further acknowledge that data or information
provided to or by the Web Site may be subject to eavesdropping, sniffing,
spoofing, forgery, spamming, "impostering", tampering, breaking
passwords, harassment, fraud, electronic trespassing, hacking, nuking,
system contamination (including, without limitation, viruses, worms,
and Trojan horses) causing unauthorized, damaging or harmful access
and/or retrieval of information and data on your computer, may be subject
to other security or privacy hazards or may not reach its destination
or may reach an erroneous address or recipient.
B. Limitation of Liability.
Our Web Site serves as a venue for Sellers to list and sell Assets
and for Buyers to bid for and enter contracts to purchase Assets listed
by Sellers. Midwest Oil Gas Inc's role in any transaction is limited
to providing the services described in the preceding sentence and
it is not involved in the actual transaction between Buyers and Sellers.
As a result, Midwest Oil Gas Inc. has no control over the quality,
safety or legality of the Assets advertised, the truth or accuracy
of the listings or other related content, and the ability of Sellers
to sell Assets or the ability of Buyers to buy Assets. We cannot and
do not control whether Sellers will complete the sale of Assets they
offer or whether Buyers will complete the purchase of Assets for which
they have bid.
Because we do not and cannot control the actions of users of the Web
Site, in the event that you have a dispute with one or more users, you
release Midwest Oil Gas Inc. and its employees, agents, successors,
officers, directors, assigns and affiliates (collectively, the "Midwest
Oil Gas Inc. Affiliates") from any and all claims, demands and
damages (actual, consequential and punitive) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. You waive
the provisions of any state law limiting or prohibiting a general release.
IF YOU ARE A CALIFORNIA RESIDENT, YOU EXPRESSLY WAIVE CALIFORNIA CIVIL
CODE SECTION 1542, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
IN NO EVENT WILL Midwest Oil Gas Inc. OR THE Midwest Oil Gas Inc.’s
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST
PROFITS, LOST GOODWILL, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS
OR SERVICES). IN NO EVENT WILL Midwest Oil Gas Inc's LIABILITY AND
THE LIABILITY OF THE Midwest Oil Gas Inc. AFFILIATES, ARISING OUT
HOWEVER ARISING, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND/OR GROSS NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE, EXCEED THE GREATER OF (1) ONE THOUSAND
DOLLARS ($1,000) , OR(2) THE TRANSACTION FEE ASSOCIATED WITH THE TRANSACTION
IN QUESTION, REGARDLESS OF WHETHER Midwest Oil Gas Inc. OR THE Midwest
Oil Gas Inc. AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF
ANY REMEDY. THESE LIMITATIONS APPLY TO ANY THIRD-PARTY CLAIMS AGAINST
BUYER OR SELLER. SOME STATES LIMIT DISCLAIMERS OF CERTAIN LIABILITIES,
SO CERTAIN OF THESE LIMITATIONS MAY NOT APPLY TO YOU.