Terms of Use

1. Acceptance of Terms of Use

Each time you access this website, you agree to be bound by these Terms of Use. The Terms of Use may be amended from time to time with or without notice. If you use a particular service accessed via this website, you will be subject to any rules or guidelines applicable to the service. Any such rules or guidelines are incorporated by reference within these Terms of Use. This website is provided on an “as is” basis. By using this website, you expressly agree that McCloy Implement may modify and/or discontinue portions of this website and/or services provided on the website at any time with or without notice without any liability towards you. You expressly agree that McCloy Implement will not be held liable and/or response for the timeliness, removal of content and/or information, failure to retain information, inaccuracy of information, and/or improper delivery of information.

2. Privacy Policy

Registration data and other personally identifiable information that may be collected by the website is subject to the terms of McCloy Implement’s Privacy Policy, which is incorporated by reference within these Terms of Use.

3. Registered Users

You may be required to register for a user account in order to use this website or access portions of the website. If so, you agree to provide truthful information when requested. You confirm that you are at least eighteen years of age to purchase from the online store. If you register for a user account, you expressly agree to the Terms of Use, which may be amended from time to time with or without notice. You are solely responsible for maintaining the confidentiality of your password and will be response for all usage of your account whether authorized of not by you. You will immediately notify McCloy Implement of any unauthorized use of your account.

4. Website Content

You agree that this website may expose you to content that may be objectionable or offensive. You will not hold McCloy Implement responsible to you in any way for content displayed on this website. You will not hold McCloy Implement responsible for any error or omission.

5. User Conduct

By using this website or any service provided on the website, you expressly agree that you will not conduct yourself in any way that may be construed as illegal, threatening, unlawful, abusive, tortious, vulgar, harmful, defamatory, obscene, offensive, objectional, or the like. You expressly agree to not conduct yourself in any way designed to interfere with or disrupt the operation of this website or the business of McCloy Implement. You expressly agree to not infect the website with a virus, malware, or other destructive or disruptive programs. You expressly agree to not conduct yourself in a way that would give rise to civil or criminal liability or be in violation of any applicable local, national, or international law.

By using this website or any service provided on the website, you expressly agree that you will not impersonate or misrepresent yourself or your association with any person or entity. You expressly agree that you will not collect and/or harvest any information about others from the website or services provided on the website. You expressly agree that you will not use the website to provide any service in any commercial manner including, but not limited to, spam, junk mail, chain letters, pyramid schemes, advertising, commerce, or the like.

6. Third-Party Services

In the instance that goods and/or services for third parties are advertised and/or made available on or through this website, McCloy Implement will not be liable or responsible for any of your dealings and/or interactions with the third parties in any manner. Representations and/or warranties made regarding third-party services and/or goods will solely be governed by the policies and/or representations made by the third parties.

7. Indemnification

By use of this website, you expressly agree to defend, indemnify, and hold harmless McCloy Implement and any of McCloy Implement’s representatives, employees, agents, advertisers, partners, officers, directors, subsidiaries, affiliates, related parties, and the like from and against any and all claims, actions, suits, proceedings, or demands, including those that may be filed by any third party, and any all related damages, awards, costs, or expenses, arising out of your conduct and/or in connection with your access to or use of this web site, your violation of these Terms of Use, or any other violation by you of the rights of another person and/or entity. Your express agreement to defend, indemnify, and hold harmless McCloy Implement and the other parties stated above includes any claim and/or demand for reasonable legal fees.

8. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND CONTENT PROVIDED THEREON IS AT YOUR OWN RISK. THIS WEBSITE AND ANY SERVICES AND CONTENT PROVIDED THEREON IS PROVIDED “AS IS” AND MCCLOY IMPLEMENT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANOTHER’S INTELLECTUAL PROPERTY RIGHTS.

MCCLOY IMPLEMENT DOES NOT PROVIDE AN IMPLIED OR EXPRESS WARRANTY THAT ANY PART OF THE WEBSITE AND/OR SERVICES PROVIDED THEREON WILL BE UNINTERRUPTED, TIMELY, FREE OF VIRUS, ACCURATE, SECURE, RELIABLE, ERROR-FREE, OF ANY QUALITY, OR THE LIKE. MCCLOY IMPLEMENT DOES NOT PROVIDE AN IMPLIED OR EXPRESS WARRANTY ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. BY USE OF THIS WEBSITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCCLOY IMPLEMENT DOES NOT PROVIDE ANY PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK AND THAT YOU WILL NOT HOLD MCCLOY IMPLEMENT LIABLE IN ANY WAY.

TO THE EXTENT A JURISDICTION DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES, THE OTHER TERMS AND CONDITIONS SET FORTH HEREIN REMAIN ENFORCEABLE NOTWITHSTANDING.

9. LIMITATION OF LIABILITY

BY ACCESSING OR USING THIS WEBSITE YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCCLOY IMPLEMENT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OTHER TANGIBLE LOSSES, OR THE LIKE.

10. Reservation of Rights

McCloy Implement reserves all their rights in all patents, copyrights, trademarks, trade secrets, and any other propriety right that McCloy Implement may have in respect to this website, the content provided on the website, and the goods and/or services that may be provided via the web site. McCloy Implement does not authorize the use of its rights, proprietary rights, and/or intellectual property without the express written consent from McCloy Implement. McCloy Implement is not providing you with any implied and/or express license and/or rights by use of this website.

11. Idaho Law

These Terms of Use are governed by the laws of the State of Idaho. By accessing or using this website you agree to and accept the exclusive jurisdiction of the state and federal courts located in Ada County, Idaho for any disputes between us regarding these Terms of Use or your access to or use of this website.

12. Waiver

The failure of McCloy Implement to assert any right under these Terms of Use will not be construed as a waiver of such right. You expressly agree that any claim you may have with respect to these Terms of Use, this website, and/or any good and/or services offered on or through this website must be filed by you within one (1) year after the cause for such claim first arose, otherwise any such claim will be forever barred.

13. Assignment

McCloy Implement may assign McCloy Implement’s rights and/or obligations under these Terms of Use. Any such assignment will relieve McCloy Implement from any further obligation.

14. Severability

In the event any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision will be interpreted as closely as possible to reflect the original intent of such provision in accordance with such holding, and any such holding shall not invalidate or render enforceable such provision in any other jurisdiction, and the remaining provisions of these Terms of Use will remain valid, enforceable, and applicable in accordance with these Terms of Use.

15. Claim of Copyright Infringement

McCloy Implement takes claims of copyright infringement seriously. McCloy Implement reserves the right to disable and/or terminate the access to or use of this website or content by users whom McCloy Implement in its sole discretion determines are infringers or repeat infringers. McCloy Implement will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any content accessible on this website infringes your copyright, you may request the removal of such content (or access thereto) by submitting written notification to McCloy Implement’s copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:

your physical or electronic signature;
identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this website, a representative list of such works;
identification of the content you believe to be infringing in a sufficiently precise manner to allow McCloy Implement to locate that content;
adequate information by which McCloy Implement can contact you (including your name, postal address, telephone number, and, if available, email address);
a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in your written notice is accurate; and
a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

McCloy Implement's designated Agent to receive DMCA notices:

Mike McCloy

President

info@mccloyimplement.com

ATTN: DMCA

*NOTE: This contact information is for inquiries regarding potential copyright infringement only.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that content on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

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