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These Terms of Service govern your use of MidwestBPO's website and services. By accessing our site or engaging our services, you agree to these terms in full.
We encourage you to read these terms carefully. If you have any questions, our team is available to provide clarification.
A. Midwest BPO, LLC (referred to as "Midwest BPO" or sometimes "We" or "Our" hereafter) is a limited liability company organized under the laws of the state of Kansas and is in the business of providing business process outsourcing and related services to its customers, including the services contemplated by these Terms of Service; User has chosen to engage Midwest BPO to provide certain business process outsourcing services to User, as such services may be agreed by User and Midwest BPO from time to time and documented in "Agreement" (defined below).
B. Upon opening an account with Midwest BPO, the account holder, user, or client (meaning a natural person or entity that utilizes the services and/or products of Midwest BPO) and/or client's business or organization, as applicable (referred to as: "You", "Your", "Yourself", "Midwest BPO User", "User", "Your Organization", or "Your Individuals") agrees to be bound by the Terms of Service set forth herein and Midwest BPO Policies and Procedures, each of which can be amended at any time and from time to time by Midwest BPO.
C. The obligations set forth in these Terms of Service will be performed by Midwest BPO itself and through direct and indirect wholly-owned affiliates. These Terms of Service will become effective upon execution of the Description of Work (the "Agreement") between Midwest BPO and User of even date herewith (the "Effective Date").
During the Term of these Terms of Service, Midwest BPO will provide to User the "Services" (as defined in Section 2 below) in accordance with the terms of these Terms of Service and the Agreement. Any additional services mutually agreed to by the Parties shall be set forth in the Agreement or an amendment thereto for the compensation set forth therein. The Agreement shall be governed by these Terms of Service, and shall become effective upon execution by an authorized representative of each Party. Such Services may be amended and supplemented from time to time by Midwest BPO. The Agreement describes the initial services to be provided by Midwest BPO to User.
In performing its obligations under the Agreement, Midwest BPO will be entitled to rely upon any routine instructions, authorizations, approvals or other information provided to Midwest BPO by User. Unless Midwest BPO knew, or in the course of its provision of the Services should have known, of any error, incorrectness or inaccuracy in such instructions, authorizations, approvals or other information, Midwest BPO will incur no liability or responsibility of any kind in relying on or complying with any such instructions, authorizations, approvals or other information received from User.
This Privacy Notice (referring only to this section) and the terms of this section therein applies to all applications, promotions, products, services, and marketing materials ("Midwest BPO Service" or "Service"), including all those that link to this Privacy Notice, and describes how Midwest BPO collects, uses, shares, transfers, stores, retains, or otherwise processes Your personal information. This Privacy Notice also applies to any rewards, promotions, referrals, or other marketing activities conducted and promoted by Midwest BPO or in reference to the Midwest BPO Service ("Midwest BPO Promotions"). This Privacy Notice does not apply to any third-party "Website" (as defined below) or service that Midwest BPO does not own or control. You will be responsible for abiding by the terms of service of any third-party Website or service that Midwest BPO does not own or control. You are recognizing that any non-Midwest BPO affiliates or third parties will not be bound by the Agreement and/or these Terms of Service. For purposes of these Terms of Service, the term "Website" refers to the collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer or any successor protocol, or authorized business affiliates of the account holder.
Midwest BPO will share Your information only as described in this Privacy Notice, or as permitted by law. The continuance of Your use of the Service and/or Your participation in Midwest BPO Promotions after being furnished with this Privacy Notice indicates that You fully consent to Midwest BPO's policies and practices as described within the Agreement.
Midwest BPO collects information about You from: What You provide; The way in which You use the Service and/or Your participation in Midwest BPO Promotions; and from third parties.
Account information. Upon You signing up for a Midwest BPO account or registering as a Midwest BPO User, we collect contact and identifying information about You, including but not limited to: Your name; billing address; phone number; email; Tax Identification Number or Social Security Number (collectively referred to hereafter as, "TIN"); date of birth (of natural persons); government-issued identification (of natural persons); and any of Your identifying organization information, including but not limited to: Your company name and address, formation documents, business license, tax documents, phone number and business email address. We require You to create and set a strong password, and may require You to provide device information to utilize a multi-factor authentication login process. We may collect information at any time from You when You use the Service, contact us for support, or provide us with feedback on the Service. As new products, product features, services, and promotions are introduced Midwest BPO may collect new and different types of information as You use the Service or if You contact Midwest BPO at any time in connection with Your account.
Financial information. We collect certain financial information from You, such as bank routing and bank account information, including but not limited to bank statements and verification of bank account ownership, and/or a credit or debit card to bill Service Fees upon Your use of the Midwest BPO Service to make and/or receive payments. We may also collect information to verify financial condition and creditworthiness.
Information about Your Users and Vendors. We may collect information from You about Your Users (the entities of which who receive commodities or contractual services pursuant to a contract between You and their entity or entity representation) and Vendors (the entities of which You or Your entity receive commodities or contractual services pursuant to a contract with the outside entity and Your entity respectively), including but not limited to their entity's name, address, email address, phone number, TIN, and financial information, based on Your use of the Service and payment instructions in affiliation with Your Users and Vendors.
Payment transaction information. When You request, make, receive, record, or otherwise process a payment through the Midwest BPO Service, we collect information about the payment transaction and the transacting parties, such as the date, time and location(s) of the transaction, identifying information of the sender and recipient, the payment or transfer amount(s), bank account information for the sender and/or recipient, a description of the transaction, and the Service Fees (meaning the monthly or annual fees that are set forth by Your account specifications with Midwest BPO that are to be paid by You to Midwest BPO as consideration for the use of Midwest BPO's services, Website, and Your account) charged by Midwest BPO.
Feedback. The information You choose to provide to us in connection with Your feedback about Midwest BPO or the Midwest BPO Service is collected by Midwest BPO. This includes information that You give through Your use of the Midwest BPO Service or Your participation in Midwest BPO Promotions.
Online forms. We collect the information that You provide to us through any online forms promulgated by Midwest BPO, Midwest BPO promotions, Website, or social media forms.
Midwest BPO Promotions participant information. We collect the information that You provide voluntarily when You participate in any Midwest BPO Promotions, including but not limited to promotions, contests, optional surveys, and referrals.
Importing Your contacts. If and when You choose to import contacts from Your email account, or contacts from any other source, including inviting those contacts to use the Service, we may collect the username and password for the linked email account, as well as the contact information for Your contacts. We will only use this information for the purposes of which is shared by You.
Other. When You use the Midwest BPO Service or simply engage with Midwest BPO, even if You have not established or previously used an Midwest BPO account, we may collect information about You, such as Your name, and contact information including but not limited to: Your email address, phone number, and mailing address.
Your electronic signature in connection with Midwest BPO is evidence of Your consent to be bound legally by these Terms of Service and the Terms of Service therein as well as any other subsequent agreements between You and Midwest BPO. Your electronic signature will be considered as being enforceable on the record and admissible in judicial proceedings in the same extent as if it were maintained in a printed form, and You agree to not contest the admissibility or enforceability of these electronically stored copies in proceedings that arise out of these Terms of Service and the conditions therein.
Midwest BPO Access to Technical Data: Midwest BPO collects and uses technical data and related information to provide updates, product support, risk and fraud management, etc. Midwest BPO uses consolidated and anonymized data for analytics. See Midwest BPO's Privacy Policy.
Record Keeping: We suggest You adopt a 10 years policy to keep all the accounting records and work papers related to the Agreement. When records are returned, it is Your responsibility to retain and protect them for future use. Midwest BPO is not required to retain and protect Your documents for the above-mentioned situations.
Record Submission: All records, documentation, and data for accounting must be submitted exclusively through Our software of choice. Any expenses that are unspecified or unclear will be labeled as an "Uncategorized Expense". We will contact You before the finalized report to make any clarifications. We are not liable for making the actual payments of these expenses. It is Your responsibility to make the payment after We have coded and approved it.
You take responsibility for any effect on Your accounting records and financial statements of basic financial information or transaction documents not submitted to us for processing and entry. Failure to provide such documents on a timely basis will impede Our services.
Accounting Controls: You must adopt sound accounting and payroll policies, for maintaining an adequate and efficient accounting system, for safeguarding assets, for authorizing transactions, for retaining supporting documentation, and for devising a system of internal controls that will help assure the preparation of proper financial statements. You are responsible for management decisions and functions, for designating competent employees to oversee any of the services We provide.
You are also responsible for the design and implementation of programs and controls that prevent and detect fraud, and for informing Midwest BPO about all known or suspected fraud. Midwest BPO does not warrant or represent any fraud prevention, protection, or correction and is not responsible for any breaches, supposed or actual.
We will not audit or review Your financial statements, or any other accounting documents and information You provide, in accordance with generally accepted auditing standards. We will not verify the data You submit for accuracy or completeness. We will solely rely on the accuracy and completeness of the documents and information You provide to Midwest BPO.
No Liability: Midwest BPO has no responsibility or liability to monitor or police any of Your uses or any other Users uses of the Midwest BPO Service(s) or website. You agree that Midwest BPO has no obligation to protect any of its users against things including but not limited to identity theft, fraud, unauthorized activity, breach of Midwest BPO security efforts, etc. Midwest BPO will not monitor any information or data that is transmitted through the Midwest BPO Service or website. Midwest BPO reserves the right at all times to review, retain, and disclose information as necessary and as stated in these Terms of Service or required by law.
Service Fees: By using Midwest BPO and its service(s), products, and Website, You agree to pay certain fees as provided in the Agreement and/or these Terms of Service (known as "Service Fees"). These may include but are not limited to transaction fees, subscription fees, processing fees, and other service fees as determined by Midwest BPO. You are responsible for the full amount of Service Fees for each billing cycle that You have a Midwest BPO account, even if it is not in use. Midwest BPO has a right to cancel any Midwest BPO account due to an account being in bad standing or having any overdue Service Fees.
Changes to Service Fees: Midwest BPO may change the Service Fees as it sees fit. A material increase or change in the amount of Service Fees will be communicated in advance. Your exclusive remedy is to cancel Your Midwest BPO account. Your continuance of using the Midwest BPO Service after receiving the notice of the material increase or change will show Your acceptance of the increase or change. Service Fees are only refundable by the sole discretion of Midwest BPO and are generally non-refundable.
Payment of Service Fees: If You have provided a bank account, bank account Automated Clearing House ("ACH") authorization, credit card, or debit card to Midwest BPO (collectively referred to as "Billing Account"), You have authorized Your account to automatically charge You, in U.S. dollars, for applicable Service Fees, Your use of Midwest BPO Service, and applicable taxes. Unless otherwise specified in the Agreement, Midwest BPO charges will be invoiced on the 10th of each month for which the services provided, and will be payable to Midwest BPO within ten (10) days from the date of invoice.
If Midwest BPO cannot charge the Billing Account for any reason, then You must pay all past due Service Fees, taxes included, within 5 business days of Your non-payment notice from Midwest BPO. If the amount is not paid within the 5 days' notice, then interest will accrue on past due amounts at a rate of 1.5% per month or the highest rate of interest allowed by law, whichever is less. Upon Your Midwest BPO account becoming overdue, Midwest BPO is entitled to reimbursement for all reasonable costs that are associated with collection, including but not limited to attorney's fees and court expenses.
Inactive Accounts: Your balance may be deemed "unclaimed" or "abandoned" funds under applicable state law if You allow Your Midwest BPO account to become inactive. If You allow Your account to become inactive, Midwest BPO may transfer "unclaimed" and "abandoned" funds in Your Midwest BPO account according to applicable law. Midwest BPO may also deduct dormancy fees from any funds transferred.
Disputed Amounts: If User in good faith disputes all or any portion of an invoice for Charges, then User will pay the undisputed portion of the invoice by the due date and User will notify Midwest BPO as soon as possible of the specific amount disputed and will provide reasonable detail as to the basis for the dispute. Promptly after User notifies Midwest BPO of the dispute, the Parties will then attempt to resolve the disputed portion. If User and Midwest BPO are unable to resolve the disputed amount in 10 days and the disputed amount exceeds five (5%) percent of the Charges, User will deposit the disputed amount in an escrow account established by agreement of User and Midwest BPO pending a resolution of the dispute.
Your Right to Cancel: To deactivate Your Midwest BPO account, You must submit a written request through Midwest BPO Customer Support and/or account representative. You may deactivate Your account at any time, but You will still be responsible for any unpaid Service Fees or subsequent late fees. Midwest BPO may require a prior notice of deactivation of up to 60 days.
Effective Date of Cancellation: The request to deactivate Your account will become effective on the date that the request is processed or the date of the last completed requested payment, whichever comes last. You are still responsible for all Service and late Fees on Your account up to the effective date of Your deactivation.
Your Documents: Midwest BPO may maintain and keep any information and/or data that You have created or uploaded into the Midwest BPO Service if You cancel Your Midwest BPO Account.
Midwest BPO provides rewards subject to conditions of the Referral Program. This program may be amended at the sole discretion of Midwest BPO upon posting an amended Referral Program on the Midwest BPO Website. A full description of the Referral Program may be found on Midwest BPO's Website.
You may access third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services (collectively, "Third-Party Services").
No Control Over Third-Party Services: Midwest BPO is under no obligation to have any control over any Third-Party Services and shall not be responsible for any of their content, use, or operation. Midwest BPO does not provide any express or implied warranty or endorsement by linking or displaying information from or allowing access to any Third-Party Services.
Terms of Third-Party Services: Midwest BPO does not represent that any Third-Party Service is governed by these Terms of Service. Each Third-Party Service may have their own Terms of Service, policies, licenses, and different practices. By using Third-Party Services, You accept their policies at Your own risk.
Disclaimer of Liability for Third-Party Services: Your use of Third-Party Services is not the responsibility of Midwest BPO and Midwest BPO will not be subject to or incur any liability for any harm to You from Your use of Third-Party Services. You knowingly waive any claim against Midwest BPO relating to the content or operation of any Third-Party Services.
Third-Party Software: The software that You download from Midwest BPO may have some components of third-party software that is provided under a separate license and terms and conditions.
Synching Your Midwest BPO Account with Your Accounting Software: You are solely responsible for any synchronization of Your Midwest BPO account and any other software, including but not limited to Your chosen accounting software.
Third Party Disputes: MIDWEST BPO IS NOT AFFILIATED WITH AND WILL NOT PROTECT AGAINST ANY OTHER MIDWEST BPO USER, CARRIER, SERVICE PROVIDER, OR THIRD-PARTY SERVICE AND ANY DISPUTE YOU MAY HAVE WITH UNAFFILIATED PARTIES IS DIRECTLY BETWEEN YOU AND SAID PARTY AND YOU IRREVOCABLY RELEASE MIDWEST BPO (AND ALL OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Mobile Applications: These Terms of Service supersede any agreement between You and any authorized app store provider ("Mobile Provider"). The Mobile Provider is not obligated to furnish maintenance or support services respecting Midwest BPO Service or website. You agree that the Mobile Provider is not liable to investigate, defend, settle, or discharge any third-party claim and You agree to comply with applicable terms of any third-party when You use Midwest BPO Service via Mobile Provider.
IN NO EVENT SHALL MIDWEST BPO BE LIABLE TO YOU, YOUR ORGANIZATION OR INDIVIDUAL, ANY USER, OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICE, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT MIDWEST BPO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. MIDWEST BPO WILL NOT BE LIABLE FOR ATTORNEYS' FEES, EXCEPT AS REQUIRED BY LAW. MIDWEST BPO HAS NO DUTY TO OR OBLIGATION TO PROTECT USERS FROM FRAUDULENT AND UNETHICAL BEHAVIOR AND MAKES NO WARRANTIES ABOUT THE SAFETY OF THE USE OF MIDWEST BPO'S SERVICE, WEBSITE, INTERACTIONS WITH MIDWEST BPO EMPLOYEES OR REPRESENTATIVES, AND/OR PRODUCTS.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF SERVICE, IN NO EVENT SHALL MIDWEST BPO'S AGGREGATE LIABILITY TO YOU, YOUR ORGANIZATION OR INDIVIDUAL, ANY USER, OR ANY THIRD PARTY IN CONNECTION WITH THESE TERMS OF SERVICE OR THE SERVICE EXCEED THE TOTAL FEES PAID BY YOU OR YOUR ORGANIZATION OR INDIVIDUAL TO MIDWEST BPO IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT(S) THAT GAVE RISE TO SUCH LIABILITY, OR ONE HUNDRED USD ($100.00), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, LIABILITY OR CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.
These Terms of Service and any statement of a limitation of liability, warranty disclaimer, and/or exclusion of damages allocates the risks between all parties under these Terms of Service and will be fully valid, enforceable, and effective under the terms even if circumstances cause an exclusive remedy to fail its essential purpose.
You retain the full liability and responsibility for Your use of the Midwest BPO Service, website, and products and will defend and indemnify Midwest BPO, its officers, directors, employees, affiliates, subsidiaries, and agents from and against every claim, liability, damage, and expense, including but not limited to associated attorney and court expenses, that are anyway connected to: Your violation of any term or condition of the Agreement and/or these Terms of Service, any applicable law and/or regulation; Your violation of any third-party right, like any intellectual property right, confidentiality, privacy, or property right or; any dispute between You and any third-party. At Our own expense, Midwest BPO may assume defense and control of any matter otherwise subject to indemnification by You. You must cooperate with Our defense of the claim.
Agreement to Arbitrate: Every dispute arising from the Agreement, or these Terms of Service therein will be resolved via binding arbitration. This includes all claims arising or relating to any term or condition of the Agreement and/or these Terms of Service, regardless of if it is based in contract, tort, fraud, statute, misrepresentation, and any other legal theory. THE ACCEPTANCE OF THESE TERMS OF SERVICE BETWEEN YOU AND MIDWEST BPO WAIVES THE RIGHT TO FILE A LAWSUIT AND A TRIAL BY JURY. ANY ARBITRATION UNDER THESE TERMS OF SERVICE WILL BE ON AN INDIVIDUAL BASIS.
You may ONLY bring claims against Midwest BPO in Your own capacity and not as a plaintiff or class member in any class or representative proceeding. CLASS ACTIONS, CLASS ARBITRATIONS, REPRESENTATIVE ACTIONS, AND/OR CONSOLIDATION OF ACTIONS OR ARBITRATIONS ARE NOT ALLOWED.
Procedures: Any arbitration between You and Midwest BPO will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org.
Notice: If You intend to seek arbitration, You must first send a written notice ("Notice") of Your claim or dispute to Midwest BPO by certified U.S. Mail or by Federal Express (signature required). Midwest BPO's address for Notice is Midwest BPO's address of record as listed on the Midwest BPO Website, ATTN: LEGAL. The Notice must describe: (a) the nature and basis of the claim or dispute; and (b) the remedy that You want ("Demand"). You and Midwest BPO agree to make good faith efforts to resolve the claim directly, but if You and Midwest BPO do not reach an agreement within 30 days after the Notice is received, You or Midwest BPO may commence an arbitration proceeding.
Fees: If You commence arbitration in accordance with these Terms of Service, the payment of fees related to the arbitration will be decided by the AAA Rules.
Location: The arbitration hearing will take place at a location to be agreed upon in Johnson County, Kansas. If Your claim is for $10,000 or less, You may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county of Your billing address.
Exceptions to Agreement to Arbitrate: Nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any disputes or matters arising from the Agreement and/or these Terms of Service that are found within it will be governed by the laws of the State of Kansas without regard to its conflicts of law provisions. If a dispute or action arising from these Terms of Service is permitted to be brought in a court of law, You agree that any legal action or proceeding will be brought exclusively in the state courts located in Johnson County, Kansas, or the federal courts in the District of Kansas. The United Nations Convention on Contracts for International Sale of Goods will not apply under these Terms of Service.
THE SERVICE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOU ASSUME ALL RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. MIDWEST BPO DOES NOT WARRANT THAT THE SERVICE IS COMPLETELY SECURE OR IS FREE FROM BUGS, INTERRUPTIONS, ERRORS, OR OTHER PROGRAM LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MIDWEST BPO OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK.
US Patriot Act: To comply with the US Patriot Act, Midwest BPO must be able to obtain, verify, and record identifying information of every customer. Along with the personal identification information You are required to provide when creating a User account, Midwest BPO may also ask for Your driver's license and/or other identifying documents and business-related documents.
Verification Required: Midwest BPO may deny Services to User if Midwest BPO is unable to obtain or verify identity or financial condition information.
Review of Accounts: Midwest BPO may place a hold on any payment or account for as long as commercially reasonable to inquire into the payment, account, Midwest BPO User, organization, or individual, and the underlying circumstances.
Reports: Midwest BPO may report payments made through the Midwest BPO Service to entities including but not limited to tax agencies, law enforcement, and financial agencies and will comply and cooperate with authorities in any investigation or prosecution.
Midwest BPO may modify or change these Terms of Service at any time and for any reason. The revisions will be posted on the Midwest BPO website with notice to You of any material changes. Continuance of Use after the effective date of the revisions represents Your agreement thereto, as is any of Your electronic acceptance of the revisions or changes. The only remedy available to You is cancelling Your Midwest BPO account.
Language: Any translation of these Terms of Service is provided only for convenience, but the Agreement is governed by the English version.
Headings: The headings in these Terms of Service are for convenience only and have no legal effect.
Force Majeure: Midwest BPO will not be liable for any delay or failure to perform any obligation related to the Service if the delay or failure is due to unforeseen events that are beyond reasonable control including but not limited to war, terrorism, riots, natural disasters, pandemic, or governmental action.
Waiver: Exercising any remedy under the Agreement will not be prejudiced as to other remedies available under the Agreement. The waiver of any default or breach of these Terms of Service will not constitute a waiver of any other or subsequent default or breach.
Severability: In the event any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of the Agreement will remain in full force and effect.
Compliance with Laws: You and Midwest BPO each agree to comply with all applicable laws and regulations with respect to the Service and Your use of the Service.
No Agency: Nothing in these Terms of Service will be construed to create a partnership, joint venture, or agency relationship between You and Midwest BPO.
Third-Party Beneficiaries: These Terms of Service is intended for the sole and exclusive benefit of You and Midwest BPO, and is not intended to benefit any third party, except as otherwise stated.
Entire Agreement: These Terms of Service constitute the complete and exclusive agreement between You and Midwest BPO concerning the Midwest BPO Service(s), website, and products and supersedes all other agreements or understandings, written or oral, about Your affiliation and connection with Midwest BPO.
The Parties have executed these Terms of Service by the signatures of their respective authorized representatives on the date set forth in the Agreement.