3. Registered Users
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.
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
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:
*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.