TERMS OF USE
Welcome to our digital storefront. Please read these Terms of Use (“Terms”) carefully before using this website.
These Terms govern your access to and use of any website, mobile site, application, and/or other online service (each a “Service” and collectively, the “Services”) that links to these Terms and is operated by Midwest Marine Boats (“Midwest Marine,” “we,” “us,” or “our”). Pinup Marketing (“Pinup Marketing”) may provide marketing, website, analytics, and related services to Midwest Marine; however, Midwest Marine is the operator of the Services unless expressly stated otherwise.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services.
1) CHANGES TO THESE TERMS
We may modify these Terms at any time by posting updated Terms on the Services. Changes are effective immediately upon posting. Your continued use of the Services after any change means you accept the updated Terms. We recommend you review these Terms periodically.
We reserve the right to terminate, suspend, or restrict access to the Services, in whole or in part, at any time, with or without notice, for any reason, including if we believe you have violated these Terms or applicable law.
2) OWNERSHIP AND INTELLECTUAL PROPERTY
All information, text, images, video, audio, graphics, trademarks, logos, software, code, designs, product listings, and other content made available through the Services (collectively, “Content”) are owned by or licensed to Midwest Marine, its licensors, or its service providers (including Pinup Marketing, where applicable), and are protected by copyright, trademark, and other intellectual property laws.
Except as expressly permitted in these Terms, you may not use, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any Content without prior written permission from the applicable rights holder.
All trademarks, service marks, and logos displayed on the Services are the property of their respective owners.
3) LIMITED LICENSE AND ACCEPTABLE USE
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal, non-commercial use.
You agree you will NOT, directly or indirectly:
• Copy, reproduce, distribute, transmit, display, perform, publish, license, sell, rent, lease, loan, create derivative works from, or otherwise exploit any Content except as expressly permitted by these Terms.
• Use the Services for any unlawful, harmful, misleading, fraudulent, or malicious purpose.
• Interfere with or disrupt the Services or any servers, networks, or security features.
• Attempt to gain unauthorized access to any portion of the Services, accounts, systems, or networks.
• Use any robot, spider, scraper, crawler, indexer, or other automated means to access, extract, harvest, scrape, data-mine, or copy Content or information from the Services, or to bypass our controls, without our prior written permission.
• Reverse engineer, decompile, or disassemble any aspect of the Services, except to the extent permitted by law.
• Use the Services to develop or train models (including AI/ML models) using Content scraped or harvested from the Services without our express written permission.
We may take technical, legal, or other measures to prevent or address violations, including cooperating with law enforcement.
4) PRODUCT INFORMATION, INVENTORY, AND WEBSITE CONTENT
We attempt to display accurate information; however, the Services may contain errors, inaccuracies, or omissions, including related to pricing, availability, specifications, descriptions, images, promotions, fees, and timing.
• Pricing and availability are subject to change without notice.
• We may correct errors and update information at any time.
• We are not obligated to honor any incorrect or inaccurate price, even if an order has been submitted.
Images are for illustrative purposes and may not reflect the exact product or unit. Please confirm details with us before purchasing.
5) ORDERS, RESERVATIONS, AND PAYMENT
Order Acceptance
Submitting an order, reservation, or request does not mean we have accepted it. Acceptance occurs only when we confirm the order and/or process payment, as applicable.
We reserve the right to:
• Limit quantities
• Refuse or cancel any order
• Require additional verification before accepting or fulfilling an order
• Cancel orders prior to delivery or pickup for any reason, including pricing errors, suspected fraud, or stock availability
Refunds and Returns
Refund and return policies (if any) may be described on the Services or provided at the time of purchase. Please contact us for questions about refunds or returns.
6) PRICING, TAXES, SHIPPING, AND SURCHARGES
All prices are subject to change without notice and may not include applicable taxes, shipping, handling, duties, or surcharges.
• Taxes and fees may vary by location and will be calculated at checkout (if applicable) or communicated during the transaction.
• You are responsible for all applicable taxes, duties, and charges associated with your purchase.
7) COMMUNICATIONS (CALLS, EMAIL, AND SMS)
By providing your contact information (including phone number and email), you agree that Midwest Marine (and authorized service providers, including CRM and communication platforms) may contact you regarding:
• Your inquiries and requests
• Quotes and transactions
• Appointment and service reminders
• Inventory updates and follow-ups
• Customer service
• Marketing or promotional communications where permitted by law
You do not have to consent to marketing calls or texts as a condition of purchase. Message and data rates may apply for SMS. Message frequency varies. You can opt out of marketing communications at any time by following unsubscribe instructions in emails or replying STOP to texts, or by contacting marketing@pinupmarket.com.
Note: The website itself may not send text messages. If you consent, messages may be sent through Midwest Marine’s CRM systems and vendors, and those communications are considered communications from Midwest Marine.
8) THIRD-PARTY SERVICES AND LINKS
The Services may contain links to third-party websites, tools, or services (“External Sites”). Your use of External Sites is at your own risk and may be governed by separate terms and privacy policies (including, for example, Google’s Terms of Service).
We do not control and are not responsible for External Sites, their content, or their practices. Links do not imply endorsement.
9) PRIVACY
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share information. Please review the Privacy Policy for more details.
10) PROMOTIONS
Sweepstakes, contests, raffles, surveys, games, and promotions may be governed by additional rules separate from these Terms. If those rules conflict with these Terms, the promotion rules will govern for that promotion.
11) DISCLAIMERS
THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDWEST MARINE AND ITS AFFILIATES, SERVICE PROVIDERS (INCLUDING PINUP MARKETING), AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SERVICES.
Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.
12) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MIDWEST MARINE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS (INCLUDING PINUP MARKETING), OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR SIMILAR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO US THROUGH THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, WHICHEVER IS GREATER, UNLESS APPLICABLE LAW REQUIRES OTHERWISE.
Some jurisdictions do not allow limitations on liability for certain damages, so some limitations may not apply to you.
13) INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Midwest Marine, its affiliates, and its officers, directors, employees, contractors, agents, licensors, and service providers (including Pinup Marketing) from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or related to:
• Your use of the Services
• Your violation of these Terms
• Your violation of any law or third-party rights
14) INTENDED AUDIENCE / CHILDREN
The Services are intended for adults. The Services are not directed to children under the age of 13. If you are under 13, do not use the Services.
15) COPYRIGHT / DMCA NOTICE
If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please send a notice including:
(a) Your physical or electronic signature;
(b) Identification of the copyrighted work you claim has been infringed;
(c) Identification of the material you claim is infringing and where it is located on the Services;
(d) Your address, telephone number, and email address;
(e) A statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
Last Updated: February 2026
