THE FOLLOWING DESCRIBES THE TERMS ON WHICH MIDWEST ESTATE BUYERS OFFERS YOU
ACCESS TO OUR SERVICES AND SITE.
The User Agreement ("Agreement") constitutes an agreement, which describes the
terms and conditions applicable to your use of Midwest Estate Buyers services
and site. We may update this Agreement from time to time without notice to you.
You can review the most current User Agreement at
http://www.midwest-estate-buyers.com/user_agreement.php. When using
particular services of Midwest Estate Buyers, you shall be subject to any
guidelines or rules applicable to such services, which may be posted from time
to time. All such guidelines or rules are hereby incorporated by reference into
this Agreement. If you have any questions concerning our User Agreement please
contact info@mebmail.com.
We may amend this Agreement at any time by posting the amended terms on our
site. Except as stated below, all amended terms shall automatically be
effective 30 days after they are initially posted on our site. This Agreement
may not be otherwise amended except in writing signed by you and Midwest Estate
Buyers, Inc. This Agreement was last revised on January 11, 2008.
Membership Eligibility
Our services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services
are not available to minors. If you do not qualify, please do not use our
services. Further, our services are not available to temporarily or
indefinitely suspended Midwest Estate Buyers members.
Fees and Services
Access to Midwest Estate Buyers site is free. Our Terms of Sale are available
at http://www.midwest-estate-buyers.com/
and is incorporated by reference. We may change our Terms of Sale and the fees
for our services from time to time. Our changes to the policy are effective
after we provide you with at least fourteen (14) days' notice of the changes by
posting the changes our site or deliver them to you by e-mail. However, we may
choose to temporarily change our Terms of Sale and the fees for our services
for promotional events and such changes are effective when we post the
temporary promotional event on our site or deliver them to you by e-mail. When
you use our services you will have an opportunity to review and accept the fees
that you will be charged for the use of our 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.
You are responsible for paying all fees associated with using our services and
our website and all applicable taxes.
Bidding and Buying
If you are the highest bidder at the end of an auction, meeting the applicable
minimum bid or reserve requirements, and your bid is accepted by Midwest Estate
Buyers, you are obligated to complete the transaction with us. By bidding on an
item you agree to be bound by the conditions of sale included in the item's
description (or linked to from the description). If you choose to bid on adult
items, you are certifying that you have the legal right to purchase such items.
Listing and Selling Midwest Estate Buyers does not guarantee the
accuracy, integrity or quality of any content that it may post to auction
sites, as this information may be gathered from third parties. You understand
that by using the services or the site, you may be exposed to content that is
offensive, indecent or objectionable. Under no circumstances will Midwest
Estate Buyers be liable in any way for any content, including, but not limited
to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of any content posted, e-mailed, transmitted or
otherwise made available through the services or site.
By using Midwest Estate Buyers services you agree:
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To grant Midwest Estate Buyers the right and permission to charge your credit
card or your account for the purchase of any item you may buy.
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In the event that you have a dispute with one or more users, customers, buyers,
sellers, dealers or any other entity, you release Midwest Estate Buyers and our
affiliates, related companies, owners, shareholders, officers, directors,
agents, subsidiaries, legal representatives and employees from claims, demands
and damages (actual and consequential) 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. If you are a California resident,
you waive California Civil Code '1542, which says: "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 the release, which if known by him must have
materially affected his settlement with the debtor."
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To cooperate fully with any complaint or investigation, including without
limitation, providing us specific information regarding your right to an item,
the source of an item, your acquisition of an item, or any other information
concerning an item.
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That we may withhold payment or charge your credit card accounts any amount you
owe us if (a) a sale is canceled for any reason; (b) an adjustment is made
under our returns policy; (c) we reasonably believe that you have committed
fraud or other illegal act or omission during any buying or selling activity;
or (d) you otherwise owe us any amount, whatsoever. You agree that we may
deduct any amount you owe us from any amount we may owe you.
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That Midwest Estate Buyers is not responsible in any way for the accuracy or
suitability of any payment of taxes to any entity on your behalf. You shall
indemnify and hold Midwest Estate Buyers, and its parent (if applicable),
subsidiaries, affiliates, owners, officers, shareholders, directors, attorneys,
agents and employees harmless against all liabilities, costs, interest and
expenses (including reasonable attorneys' fees) incurred by Midwest Estate
Buyers that arise out of any third party or governmental claim that involves,
relates to or concerns (i) any federal, state or county tax obligation or
amounts due or owing under any tax regulation, law, order or decree or (ii) any
dispute concerning the tax status of Midwest Estate Buyers as a reseller of
goods or (iii) any activity or participation in any auction, live auction,
ecommerce activity or service provided by Midwest Estate Buyers, its
subsidiaries, affiliates owners or employees. Midwest Estate Buyers reserves
the right at any time to modify or discontinue, temporarily or permanently, the
site or any part of the site with or without notice. You agree that we shall
not be liable to you or any third party for any modification, suspension or
discontinuance of the site or any services under this Agreement.
Binding Bids If you provide an item to Midwest Estate Buyers and your
item receives at least one bid at or above the stated minimum price or, at or
above the reserve price, Midwest Estate Buyers becomes obligated and therefore
you become obligated to complete the transaction with the highest bidder upon
the auction's completion or the negotiated purchaser upon completion of a
negotiation, unless there is an exceptional circumstance, such as: (a) the
buyer fails to meet the terms of your listing (such as payment method), or (b)
the buyer's identity can not be authenticated.
Fraud Without limiting any other remedies, Midwest Estate Buyers may
suspend or terminate your account if you are found, by conviction, settlement,
or other investigation, to have engaged in any fraudulent activity in
connection with our site or in transacting business with us.
Intellectual Property Midwest Estate Buyers does not list or offer for
sale any items which may infringe upon any patent, copyright, trademark, trade
secret or other intellectual property rights of third parties. Third parties
can report infringing items, and Midwest Estate Buyers will investigate such
items.
Rigging Users may not manipulate the price of any item and no user may
interfere with other user's listings or auctions placed by Midwest Estate
Buyers.
Prohibited Activities
You agree not to use our services or site to:
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upload, post, e-mail, transmit or otherwise make available any content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
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impersonate any person or entity, including, but not limited to, a Midwest
Estate Buyers' official, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content listed on the site or provided by our services;
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upload, post, e-mail, transmit or otherwise make available any content that you
do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements, stolen items or items you do
not have the legal right to sell);
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advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
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upload, post, e-mail, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
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disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the services or the site are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real time
exchanges;
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interfere with or disrupt the service or servers or networks connected to the
service, or disobey any requirements, procedures, policies or regulations of
networks connected to the service;
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intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
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"stalk" or otherwise harass another; or
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collect or store personal data about other users.
Your Information
Your personal information is defined as any information you provide to us or
other users in the registration, bidding or listing process, in any public
message area, including the feedback area, or through any e-mail feature. You
are solely responsible for your personal information, and we act as a passive
conduit for your online distribution and publication of your personal
information.
Your personal information, or any item listed therein or provided to Midwest
Estate Buyers: (a) shall at all times provide true, accurate, current and
complete information; (b) shall be maintained and promptly updated to keep it
true, accurate, current and complete; (c) shall not be fraudulent or involve
the sale of counterfeit or stolen items; (c) shall not infringe Midwest Estate
Buyers' or any third party's copyright, patent, trademark, trade secret,
proprietary rights, confidential information or rights of publicity or privacy;
(e) shall not be defamatory, libelous, unlawfully threatening or unlawfully
harassing; (f) shall not violate any law, statute, ordinance or regulation,
including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising; (g)
shall not be obscene, immoral or contain child pornography; (h) shall not
contain any viruses, trojan horses, worms, time bombs, cancel bots or other
computer programming routines that are intended to or cause any damage,
interfere with, intercept or expropriate any system, data or personal
information; (I) shall not create liability for us or cause us to lose, in
whole or in part, the services of our ISPs or other suppliers; and (j) shall
not include descriptions of or link directly or indirectly to goods or services
that: (1) are prohibited under this Agreement; (2) are concurrently listed for
auction on a web site other than those arranged for or post by Midwest Estate
Buyers; (3) are identical to other items you have on auction but are priced
lower than your item's reserve or minimum bid amount; or (4) you do not have
any right to link to or include. You may not list any item with us or on our
site, or conduct any transaction using any of our services, that could cause us
to violate any applicable law, statute, ordinance or regulation, or that
violates our current prohibited items list, as may from time to time be posted
or revised by Midwest Estate Buyers. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Midwest Estate Buyers has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Midwest Estate Buyers has the right to suspend or
terminate your account and refuse any and all current or future use of the
services or site (or any portion thereof).
We may use personal information and identifiers to improve our marketing and
promotional efforts, to statistically analyze site usage, to improve our
content and product offerings and to customize our site's content, layout, and
services. We believe such information and identifiers allow us to improve our
site to meet the needs of our users. We may also use your information to
deliver information to you that, in some cases, is targeted to your interests,
such as new items, targeted banners, new services and promotions. By using the
site you accept this User Agreement and you expressly agree to receive this
information. You can remove yourself from receiving some of this information by
so indicating on any email you may receive from us. We use your email address,
your mailing address, and phone number to contact you regarding administrative
notices, new product offerings, and communications relevant to your use of the
Site. If you do not wish to receive these communications, you may have the
ability to so choose throughout the Site. If you choose to use our site, we may
use your mailing address, email address, credit card and billing information to
bill you for our services and provide associated support. We use information in
the file we maintain about you, and other information we obtain from your
current and past activities on the Site, to resolve disputes, troubleshoot
problems and enforce our User Agreement. We may evaluate your information to
identify problems or resolve disputes.
You agree to indemnify and hold Midwest Estate Buyers, and its parent (if
applicable), subsidiaries, affiliates, owners, officers, shareholders,
directors, attorneys, agents and employees, harmless against all liabilities,
costs and expenses (including reasonable attorneys' fees) incurred by Midwest
Estate Buyers, and its parent (if applicable), subsidiaries, affiliates,
owners, shareholders, officers, directors, attorneys, agents, and employees
that arise out of any claim asserted by a third party that involves, relates to
or concerns any of your actions or omissions.
To prevent Midwest Estate Buyers from violating any rights you might have in the
information you provide to us and to enable Midwest Estate Buyers to use such
information, promote and facilitate the sale and purchase of your goods and
items, you agree to grant us a non-exclusive, transferable, worldwide,
perpetual, irrevocable, paid-up royalty-free, sub-licensable license and right
to reproduce, modify, adapt, publish and display on the site and on the sites
of our marketing partners your descriptions of goods listed for sale and the
ratings you have given describing the condition of the goods for sale, and to
exercise the copyright and publicity rights, in any media whatsoever, whether
known or not, with respect to your personal information. Midwest Estate Buyers
will only use your personal information in accordance with our Privacy Policy.
Advertisers
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through Midwest Estate Buyers services and site,
including payment and delivery of related services or goods, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such advertiser. You agree that Midwest Estate
Buyers shall not be 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 advertisers on the site.
Links
Our services may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Midwest Estate Buyers has no control over
such sites and resources, you acknowledge and agree that Midwest Estate Buyers
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Midwest Estate Buyers shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on
any such content, goods or services available on or through any such site or
resource.
Proprietary Rights
You acknowledge and agree that the services, the site and any necessary
software used in connection with the services or the site ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
content contained in sponsor advertisements or information presented to you
through the services, site or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by Midwest Estate Buyers or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create derivative works based
on the services or the site or the Software, in whole or in part. Midwest
Estate Buyers under a separate agreement may license the use of its proprietary
software to you. If you are interested in such a license, please contact us at
info@mebmail.com. You agree not to access the services or the site by
any means other than through the interface that is provided by Midwest Estate
Buyers for use in accessing the services or the site.
You acknowledge and agree that (i) our patents, trademarks, trade names, service
marks, copyrights and other intellectual property (collectively, "intellectual
property") is and shall remain our sole property, and (ii) nothing in this
Agreement shall confer in you any right of ownership or license rights in our
intellectual property. In addition, you shall not now or in the future contest
the validity of Midwest Estate Buyers' intellectual property.
Copyright (c) 2000-2002 Midwest Estate Buyers, Inc. The software and the site,
including without limitation all text, graphics, logos, buttons, icons, images,
audio clips, and computer programs, are the property of Midwest Estate Buyers
or its suppliers, and are protected by U.S. and international copyright,
trademark and other laws. The compilation (meaning the collection, arrangement,
and assembly) of all content on the site is the exclusive property of Midwest
Estate Buyers and protected by U.S. and international copyright law. Any
unauthorized reproduction, modification, distribution, transmission,
republication, display, or performance of the software or the content on the
site is strictly prohibited.
Access and Interference
Our web site contains robot exclusion headers and you agree that you will not
use any robot, spider, other automatic device, or manual process to monitor or
copy our web pages or the content contained herein without our prior expressed
written permission. You agree that you will not use any device, software or
routine to interfere or attempt to interfere with the proper working of the
Midwest Estate Buyers site or any services being conducted or offered on our
site. You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure. Much of the information
on our site is updated on a real time basis and is proprietary or is licensed
to Midwest Estate Buyers by our users or third parties. You agree that you will
not copy, reproduce, alter, modify, create derivative works, or publicly
display any content (except for your personal information) from our website
without the prior expressed written permission of Midwest Estate Buyers or an
authorized third party. You agree not to use the Midwest Estate Buyers site for
any fraudulent or illegal purpose. You agree to provide your true name using a
valid e-mail address and update this information as it may change. You agree to
refrain from spamming any user of this site and not to compile a list of any
users or e-mail addressed from this site for any purpose whatsoever. Such will
result in immediate termination of your account and ability to use our site.
International Use
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside.
Breach
Without limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership and
refuse to provide our services to you: (a) if you breach this Agreement or the
documents it incorporates by reference; (b) if we are unable to verify or
authenticate any information you provide to us; or (c) if we believe that your
actions may cause legal liability for you, our users or us. You agree that any
termination of your access to the services under any provision of this
Agreement may be effected without prior notice, and acknowledge and agree that
Midwest Estate Buyers may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to
such files or our services. Further, you agree that Midwest Estate Buyers shall
not be liable to you or any third party for any termination of your access to
the services.
Privacy
Midwest Estate Buyers is dedicated to building trust in the Internet by having
third parties disclose their information practices. Midwest Estate Buyers and
third parties hold our policy on privacy to high standards. Our current Privacy
Policy is available at
http://www.midwest-estate-buyers.com/privacy_policy.php.
No Warranty WE AND OUR SUPPLIERS PROVIDE OUR PRODUCTS, WEB SITE AND
SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS, IMPLIED OR STATUTORY AND SPECIFICALLY DISCLAIM ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. Some states do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may not apply to you. This warranty
gives you specific legal rights and you may also have other legal rights that
vary from state to state.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MIDWEST ESTATE BUYERS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICES; (ii) 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 SERVICES
OR THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICES OR ARISING OUT OF OR IN CONNECTION
WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING
NEGLIGENCE. Some states do not allow the limitation of liability, so the
foregoing limitation may not apply to you.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Trademark Information
Midwest Estate Buyers, the Midwest Estate Buyers lamp and logo, MEB and other
Midwest Estate Buyers logos, product and service names are trademarks of
Midwest Estate Buyers, Inc, (the " Midwest Estate Buyers Marks"). Without
Midwest Estate Buyers' prior permission, you agree not to display or use in any
manner, the Midwest Estate Buyers Marks.
Indemnity
You agree to indemnify and hold Midwest Estate Buyers and its subsidiaries,
affiliates, officers, owners, partners, directors, agents, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your breach of this Agreement or
the documents it incorporates by reference, or your violation of any law or the
rights of any third party, or your use of our site or content you submit, post,
transmit or make available through the site, your use of the services, your
connection to the services, or your violation of any rights of another.
Legal Compliance
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our services and your authorization of auctions,
listings, purchases, solicitation of offers to purchase, and sale of items by
Midwest Estate Buyers.
No Agency
You and Midwest Estate Buyers are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal
mail to Midwest Estate Buyers, Inc. Attn: Legal Department 3681 Commercial
Avenue, Northbrook, Illinois 60062 or to you at the e-mail address you provide
to Midwest Estate Buyers during the registration process. Notice shall be
deemed given 24 hours after e-mail is sent, unless the sending party is
notified that the e-mail address is invalid. Alternatively, we may give you
notice by certified mail, postage prepaid and return receipt requested, to the
address provided to Midwest Estate Buyers during the registration process. In
such case, notice shall be deemed given 3 days after the date of mailing.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or our
services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Chicago, Illinois and judgment on
the arbitration award may be entered into any court having jurisdiction
thereof. Either you or Midwest Estate Buyers may seek any interim or
preliminary relief from a court of competent jurisdiction in Chicago, Illinois
necessary to protect the rights or property of you or Midwest Estate Buyers
pending the completion of arbitration.
Additional Terms
The following documents are incorporated by reference:
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Our Privacy Policy is available at
http://www.midwest-estate-buyers.com/privacy_policy.php. We may
change our Privacy Policy from time to time and our changes are effective after
we provide you with at least thirty (30) days' notice of the changes by posting
the changes to the site or sending e-mail to users who select such
notification.
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Our Outage Policy is available upon request and may be changed at the
discretion of Midwest Estate Buyers.
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Our Listing Policy is available upon request and may be changed at the
discretion of Midwest Estate Buyers.
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Our Non-Paying Bidder Policy is available upon request and may be changed at
the discretion of Midwest Estate Buyers.
General
This Agreement shall be governed in all respects by the laws of the State of
Illinois without regard to its conflict of law provisions. Midwest Estate
Buyers and you agree to submit to the personal and exclusive jurisdiction of
the Courts of the State of Illinois in Cook County. We do not guarantee
continuous, uninterrupted or secure access to our services, and operation of
our site may be interfered with by numerous factors outside of our control. If
any provision of this Agreement is held to be invalid or unenforceable, such
provision shall be null and void and the remaining provisions shall be
enforced. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure to act
with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of our services, site or this Agreement must be filed within one
(1) year after such claim or cause of action arose or be forever barred. This
Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
Disclosures
The services hereunder are offered by Midwest Estate Buyers, Inc. located at
3681 Commercial Avenue, Northbrook Illinois 60062. Fees for our services are
available upon request from info@mebmail.com.
Parental control protections (such as computer hardware, software, or filtering
services) are commercially available and may assist you in limiting access to
material that is harmful to minors.
Thank you for using our site.