Terms of Service

Effective Date: April 15, 2026
Last Updated: April 15, 2026

Welcome to the website of MDW Gaming, LLC ("MDW Gaming," "Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, including any content, contact forms, scheduling flows, pricing information, downloads, and related online services made available through mdwgaming.com and any related pages we operate that link to these Terms (collectively, the "Site").

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

1. Who We Are

MDW Gaming, LLC provides technical and consulting services that may include streaming and broadcast consulting, Discord and community systems support, managed game server services, custom development, automation, and related technical services.

These Terms govern use of the Site itself. If you purchase or receive services from us, those services may also be governed by a separate contract, statement of work, quote, invoice, service order, or master service agreement. If there is a conflict between these Terms and a signed client agreement, the client agreement controls for those services.

2. Eligibility

You may use the Site only if you are at least 18 years of age and legally capable of forming a binding contract under applicable law. If you are using the Site on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

3. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may update the "Last Updated" date above and, where appropriate, provide additional notice on the Site. Your continued use of the Site after updated Terms become effective constitutes your acceptance of the revised Terms.

4. Permitted Use of the Site

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:

• use the Site in any way that violates applicable law or regulation;
• attempt to gain unauthorized access to the Site, servers, accounts, forms, APIs, or related systems;
• interfere with or disrupt the operation or security of the Site;
• use bots, scrapers, crawlers, or other automated means to access the Site in a manner that burdens or harms the Site, except for normal search engine indexing or as otherwise authorized by us;
• copy, reproduce, republish, distribute, or exploit Site content except as permitted by law or with our written permission;
• submit false, misleading, infringing, defamatory, harassing, abusive, or unlawful material through contact forms or other Site features; or
• use the Site to transmit malware, malicious code, spam, or other harmful material.

We may suspend, block, or restrict access to the Site at any time if we believe a user has violated these Terms or poses a risk to the Site, our business, or others.

The Site also uses referral tracking links (e.g., mdwgaming.com/r/code). When you access the Site through a referral link, we may record a visit entry that includes the referral code, your IP address, the page visited, your browser user agent, and the time of the visit. This data is used solely for internal tracking and attribution purposes.

5. Informational Content Only

Content on the Site is provided for general informational and marketing purposes only. Descriptions of services, capabilities, pricing, turnaround times, packages, supported platforms, examples, and availability may change at any time without notice.

Nothing on the Site constitutes a guarantee of any specific technical, business, audience, revenue, moderation, server, uptime, platform, or performance outcome.

6. Quotes, Pricing, and Service Availability

Any pricing, package descriptions, service listings, turnaround estimates, or promotional statements shown on the Site are informational only and do not constitute a binding offer unless expressly stated otherwise.

We reserve the right to:

• modify or discontinue any service, package, feature, or pricing;
• reject any inquiry, request, or order;
• limit the scope of services offered;
• require a separate written agreement before beginning work; and
• update availability based on scheduling, capacity, technical constraints, or business needs.

Submission of a contact form, intake form, or inquiry does not obligate us to provide services.

7. Client Engagements

If you engage us for paid services, additional terms may apply, including payment terms, scope limitations, cancellation terms, intellectual property terms, confidentiality obligations, and support or hosting limitations. Those additional terms may appear in a statement of work, proposal, invoice, or separate agreement.

Unless expressly stated in writing, no client relationship is created solely by visiting the Site, sending a message through the Site, or receiving a response from us.

8. User Submissions

If you submit information to us through the Site, including through contact forms, request forms, email links, scheduling requests, testimonials, or project inquiries (collectively, "Submissions"), you:

• represent that the information you provide is accurate and that you have the right to provide it;
• agree not to submit confidential or sensitive information unless it is reasonably necessary for an inquiry and you understand the inherent risks of internet transmission;
• grant us a non-exclusive, worldwide, royalty-free license to use, copy, store, and process your Submission as reasonably necessary to respond to your inquiry, provide services, operate the Site, maintain records, and protect our legal interests; and
• understand that we are not obligated to treat unsolicited ideas, proposals, feature requests, or business suggestions as confidential.

9. Testimonials and Feedback

If you voluntarily provide reviews, testimonials, comments, suggestions, or feedback regarding our Site or services, you grant us the right to use, reproduce, display, adapt, and publish that feedback for business and marketing purposes, unless you and we agree otherwise in writing.

10. Intellectual Property

The Site and its contents, including text, graphics, logos, branding, design, layout, software, code, downloads, images, videos, and other materials made available through the Site, are owned by or licensed to MDW Gaming and are protected by applicable intellectual property laws.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for personal or internal business informational use only. This license does not permit you to:

• reproduce or exploit Site content for commercial purposes;
• remove copyright, trademark, or proprietary notices;
• frame or mirror the Site; or
• use our name, logo, or branding in a way that suggests endorsement, partnership, or affiliation without written permission.

All rights not expressly granted are reserved.

11. Third-Party Services and Links

The Site may contain links to third-party websites, services, software, scheduling tools, payment processors, social platforms, hosting providers, streaming platforms, Discord communities, or other resources. We do not control and are not responsible for third-party content, policies, functionality, security, or availability. Your use of third-party services is governed by their own terms and policies. Accessing third-party sites or services is at your own risk.

12. No Warranties

THE SITE AND ALL CONTENT, FEATURES, AND INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDW GAMING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, PERFORMANCE, OR USAGE OF TRADE.

We do not warrant that the Site will be uninterrupted, secure, error-free, accurate, complete, current, or free of harmful code.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDW GAMING AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MDW GAMING'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO US, IF ANY, FOR USE OF THE SITE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

14. Indemnification

You agree to defend, indemnify, and hold harmless MDW Gaming and its officers, members, employees, contractors, agents, and affiliates from and against any claims, demands, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your use of the Site;
• your violation of these Terms;
• your Submissions;
• your violation of any law or third-party right; or
• your misuse of Site content, branding, or Site functionality.

15. Privacy

Your use of the Site is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

16. Copyright and Trademark Complaints

If you believe content on the Site infringes your copyright or other intellectual property rights, contact us at legal at mdwgaming dot com with sufficient detail for us to review the matter.

17. Geographic Scope

The Site is controlled and operated from the United States. We do not represent that the Site is appropriate, lawful, or available for use in all locations. You are responsible for compliance with local laws applicable to your use of the Site.

18. Governing Law and Venue

These Terms and any dispute arising out of or relating to the Site or these Terms are governed by the laws of the State of Kansas, without regard to conflict of laws principles.

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Sedgwick County, Kansas, and you consent to the personal jurisdiction and venue of those courts.

19. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms, created risk for us or others, or if we discontinue the Site or any portion of it.

Sections of these Terms that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnities, governing law, venue, and miscellaneous provisions.

20. Miscellaneous

Entire Agreement

These Terms constitute the entire agreement between you and MDW Gaming regarding your use of the Site, except for any separate written agreement governing paid services.

No Waiver

Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets.

Electronic Communications

By using the Site or contacting us electronically, you agree that we may communicate with you electronically regarding your inquiry, the Site, and related matters.

21. Contact Information

If you have questions about these Terms, contact us at: