Terms of Use

To offer a safe and secure shopping experience, Midway Industries, Inc. the distributor of the Centerforce® family of performance products (“Midway”) has established these online policies for any user, viewer, or buyer at www.centerforce.com. The terms and conditions apply to your use of the website and how your order and payment will be processed through www.centerforce.com (referred to as the 'site'). By placing an order for such products, you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site. These terms and conditions are subject to change by (referred to as 'us' or 'we') without prior written notice at any time, in our sole discretion.

This Website is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Midway and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

Changes to Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as revised or updated Terms of Use are binding on you.

Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, regardless of whether your credit card has been charged. If your credit card has been charged and your order is cancelled, you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply any item less than the quantity you ordered of any item and adjust your invoice accordingly. We may require additional verification or information before accepting any order. Once you have placed an online, phone, or other type of order, you agree a contract for purchase and your credit card will be charged immediately. Orders DO NOT always ship the same day. If you need priority delivery, then please contact us by phone for immediate attention. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

We accept Master Card, Visa, American Express & Discover credit cards for payments. You represent and warrant that: (a.) the credit card information you supply to us is true, correct, and complete; (b.) charges incurred by you will be honored by your credit card company; and (c.) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments must be in United States currency. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price (including taxes and additional charges) has been paid. Payment must be received by us prior to our acceptance of an order, unless otherwise agreed by us in writing. Prices and shipping cost are subject to change at any time because of exchange rates, changes in shipping costs, manufacturer price changes and other extenuating circumstances.

Limited Warranty Terms for Midway Supplied Product: Go to www.centerforce.com/warranty.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users. You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
• We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

• The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio and the design, selection, and arrangement thereof) (the “Website Content”), are protected by applicable United States and other intellectual property laws and are owned by Midway or are used by Midway under a license or with permission.

• You may view, copy, print and use the Website Content solely for your own personal use and provided that: (1) you use the Website Content solely for informational or noncommercial use; (2) no Website Content is modified in any way; (3) no graphics available from this Website are used, copied or distributed separately from accompanying text or separate from any copyright, trademark or other proprietary notice; and (4) the Website Content is not used in any manner which is unlawful, which is likely to be misleading or to deceive or which infringes on the rights of Midway, its subsidiaries, affiliates or any third party. You may not publish, copy, distribute, modify, reproduce, or use the Website Content, in whole or in part, for any purpose not authorized by these Terms of Use without express written consent of Midway.

• No right, title, or interest in or to the Website or any Website Content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Midway is the owner or exclusive licensee of the Centerforce® Clutches, Dual Friction®, DFX®, SST, DYAD® DS, DYAD® XDS, TRIAD® DS, and TRIAD® XDS registered trademarks and all related names, logos, product and service names, designs, and slogans. You cannot use such trademark or other references to product origin without the prior written permission of the Company.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries):

• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

• To impersonate or attempt to impersonate Midway, a Midway employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or identities associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

This website has been prepared solely for the purpose of providing information about Midway and the products offered. No representation is made as to the completeness or accuracy of the information contained herein, and the information may be incomplete, may contain errors, may become out of date, and may change from time to time. Midway reserves the right to add, modify or delete any information on this website at any time. Due to continual improvements, actual products may differ, and prices and specifications are subject to change without notice. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by Midway or any third parties.

You understand that we cannot and do not guarantee or warrant that content herein or files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MIDWAY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER MIDWAY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WITH RESPECT TO THE WEBSITE, ITS CONTENTS ANY YOUR USE, MIDWAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT WILL MIDWAY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND SERVICE PROVIDERS, OR ITS AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless Midway its subsidiaries, affiliates, licensors and service providers, and its and their respective shareholders, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to your use of any of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted as a separate action by each user/customer with exclusive jurisdiction, and venue in the Federal or State courts of Yavapai County, Arizona with determination applying Arizona state law (without reference to treaties or conflict of law provisions) through binding arbitration before a neutral selected by Customer from the JAMS® panel closest to Prescott, Arizona; provided we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. To the extent permitted by law, each party shall bear its own costs and fees. By submitting a claim, you acknowledge acceptance of these terms and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by Midway of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Midway to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Midway Industries, Inc. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.