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Terms of Service
MAC-PRODUCTS, INC. ("MPI") and its
suppliers and designees provide this site (located at http://www.macproductsinc.com
) and the site-related services, (collectively, the "Site") subject to your
compliance with the terms and conditions set forth below (the "Agreement").
By using the Site, you are acknowledging that you agree to be bound by all
of the terms and conditions of this Agreement.
Please read the following carefully:
This Agreement is made by and between MPI and the MPI customer and/or member
("you"). MPI shall have the right at any time to:
change the terms of
this Agreement;
change the Site,
including eliminating or discontinuing any product, service, or any
other content on or feature of the Site; or
change any fees or
charges for use of the Site.
Such changes shall be effective immediately upon
notice thereof, which may be given by means including but not limited to
posting on the Site or transmission via electronic mail. Your use of
the Site after such notice shall be deemed to constitute your acceptance of
such changes.
You are expected to review this Agreement
periodically to ensure familiarity with the most current version.
You represent and warrant to MPI that you are an authorized user of this
Site.
MPI has no duty or obligation to verify the
identity of a customer and may assume, without independent investigation,
that any person who logs on to this Site through a customer's password does
so with the consent and approval of the customer.
1. Making Purchases
The Site acts as a provider of specialty building products and services.
More information on MPI's customer care policies, including shipping and
return policies, can be found in the Terms and Conditions of Sale section.
If you wish to purchase products and services or
any other products or services described on the Site, you may be required by
MPI to supply certain information, including but not limited to credit card
or other payment information, personally identifying information (such as
your name, address, and telephone number), and third parties' shipping
information. You understand that any such information will be treated
by MPI in the manner described in its Privacy Policy. You agree that
all information that you provide to MPI will be accurate and complete.
You agree to pay all charges incurred by you or any other members of your
account and credit card or other payment mechanism at the prices in effect
when such charges are incurred. You will also be responsible for
paying any applicable taxes relating to your purchases.
Additional terms and conditions governing the
processing and fulfillment of your orders through the Site (including terms
and conditions regarding product availability and shipping) will be
displayed during the ordering process. You expressly acknowledge that
all submitted materials will be subject to the terms and conditions set
forth below.
MPI reserves the right, without prior notification,
to change descriptions of or references to any products or services offered
through the Site, or to limit the order quantity on any item and/or refuse
service to you. Verification of information may be required prior to
the acceptance by MPI of any order. Price and availability of any
product or services are subject to change without notice.
Address verification results provided by MPI are believed to be reliable,
but not guaranteed. Correct completion of shipping documents is solely
your responsibility.
You agree to indemnify and hold MPI harmless from
any claims and to reimburse MPI for any fees or expenses that may be
assessed (a) as a result of a recipient's address being incorrect, (b) if
the package has to be returned to MPI due to incorrect address information,
and (c) if the package is requested to be reshipped. Any such fees and
expenses will be assessed to your account.
A request for Signature Release on any package
authorizes MPI to deliver your shipment without obtaining a signature and
signifies your agreement to indemnify and hold harmless MPI from any
resulting claims. Due to customs taxes that may be incurred during
delivery to International locations, additional charges may apply to your
order. Shipping delays may occur if local holidays are being observed.
MPI does not guarantee the shipping cost for International Shipping under
our 100% satisfaction guarantee.
2. Establishing Credit Accounts
Any customer who has completed and returned
to MPI a credit order form, may obtain services through the Site on account.
MPI may, at its discretion, set credit limits for such customers and decline
to provide services in excess of such limits. Customers who obtain
services on account will be invoiced by MPI for all services obtained
through the Site and shall pay MPI such invoiced amount within thirty (30)
days of the date of the invoice. All invoiced amounts not timely paid
shall accrue interest at a rate of 1½% per month (or, if lesser, the maximum
amount permissible by law).
3. Void Where Prohibited
Although the Site is accessible worldwide,
not all products or services discussed or referenced in or on the Site are
available to all persons or in all geographic locations or jurisdictions.
MPI reserves the right to limit the availability of the Site and/or the
provision of any product or service described thereon to any person,
geographic area, or jurisdiction it so desires, at any time and in its sole
discretion, and to limit the quantities of any such Product or service that
it provides. If you are in a country other than the United States, you
acknowledge and agree that your use of the Site does not violate any local
law or regulation, and that you shall be responsible for any such
violation(s).
Any offer for any Product or service made on the Site is VOID where
prohibited.
4. Warranty Information; Limitation of Liability
THE SITE (INCLUDING ANY CONTENT CONTAINED WITHIN IT), ANY PRODUCT OR
SERVICE PURCHASED THROUGH THE SITE, AND ANY SOFTWARE PROVIDED BY MPI OR ITS
DESIGNEES FOR USE IN CONNECTION WITH THE SITE OR WITH THE PRODUCTS AND
SERVICES DESCRIBED ON THE SITE (THE "SOFTWARE"), ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER
THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE SITE OR THE SOFTWARE MAY
NOT BE UNINTERRUPTED, ERROR-FREE OR SECURE. YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR
RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MPI OR ITS
AGENTS, WHETHER MADE ON THE SITE, IN THE SOFTWARE, OR OTHERWISE, SHALL
CREATE ANY WARRANTY. YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS
AND/OR SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
NEITHER MPI NOR ITS AGENTS OR SPONSORS ARE
RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN
ANY WAY TO THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE, THE SOFTWARE,
OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
NEITHER MPI NOR ITS AGENTS OR SPONSORS ARE
RESPONSIBLE OR LIABLE FOR ANY LOST PROFITS, LOSS OF USE, COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT
OF OR RELATING IN ANY WAY TO LOSS OF CUSTOMER DATA.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE,
THE SOFTWARE, AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE
SITE AND/OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM
LIABILITY TO MPI ARISING FROM ANY ORDER MADE THROUGH THE SITE SHALL BE THE
TOTAL PRICE OF SUCH ORDER.
A possibility exists that the Site could include
inaccuracies or errors. Additionally, a possibility exists that
unauthorized alterations could be made by third parties to the Site.
Although MPI attempts to ensure the integrity of the Site, it makes no
guarantees whatsoever as to its completeness or correctness. In the
event that such an inaccuracy arises, please inform MPI (by visiting
Customer Service) so that MPI can try to correct it.
MPI neither endorses nor is responsible for any
opinion, advice, information, or statement made or displayed on the Site by
third parties other than authorized MPI employees. Under no
circumstances will MPI or its agents be liable for any loss or damage caused
by your reliance on such information obtained through the Site. It is
your responsibility to evaluate the accuracy and reliability of any opinion,
advice, information, or statement available on the Site.
5. Claims
We must receive notice of a claim due to
damage (visible or concealed), delay, or shortage within 30 calendar days
after delivery of the shipment. We must receive notice of all other
claims, including, but not limited to, claims for non-delivery or
misdelivery, within 30 calendar days after we accept the order.
All claims must be in writing and made within the
time limits set forth above. A claim may be reported to Customer
Service by telephone, but email notification to macproducts@macproductsinc.com
must be given within the time limits stated above. Written
documentation supporting the amount of your claim must be delivered to us
within 30 calendar days after we receive your notice of a claim. Your
notice of claim must include complete shipper and recipient information, as
well as the Order Identification number. Failure to provide us with
notice in the manner and within the time limits set forth in paragraphs
above will result in denial of your claim, and we will have no liability or
obligation to pay your claim.
We are not obligated to act on any claim until all
transaction charges have been paid. The claim amount may not be
deducted from these charges or from any outstanding balance owed to us. MPI
reserves the right to inspect a damaged shipment on the recipient's premises
as well as the right to retrieve the damaged package for inspection at a
Mimeo facility.
Written claims should be addressed to:
MPI Claims: 15841
Pines Blvd., #308, Pembroke Pines, FL 33027 U.S.A.
6. Code of Conduct
While using the Site
and/or Software, you agree not to:
Restrict or inhibit
any other customer or member from using or enjoying the Site;
Transmit any content
or information, or submit any materials that are unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringe on MPI's or any third party's intellectual
property or other rights;
Transmit any
information or software that contains a virus, worm, time bomb, Trojan
horse or other harmful or disruptive component; Use the Site or Software
for any unlawful purposes;
Modify, adapt,
sub-license, translate, sell, reverse engineer, decompile or disassemble
any portion of the Site or Software;
Harvest or collect
information about other Site customers or members without their consent;
or
Use any robot, spider,
site search/retrieval application, or other manual or automatic device
or process to retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the Site or the
data contained thereon.
While using the Site and/or Software, you agree to
comply with all applicable laws, rules and regulations. Specifically,
you agree not to submit materials containing unlicensed copyrighted
materials from artists, photographers, publishers, writers, composers, or
other authors of original works. The copyright owners' exclusive
rights prohibit the reproduction of any original work.
MPI has no obligation to monitor the Site or any
materials that you submit to the Site for purposes of reproduction or
otherwise. However, you acknowledge and agree that MPI has the right
(but not the obligation) to monitor the Site and any materials you submit,
and to disclose any information to any third party to operate the Site
properly; to protect itself, its sponsors, and customers; and to comply with
legal obligations or governmental requests. At any time upon request
by MPI, you agree to sign a non-electronic version of this Agreement.
7. Proprietary Rights
Copyright 1999-2006 MAC-PRODUCTS, INC.
All Rights Reserved.
The Software and all pages within the Site are the property of MPI.
Permission (which may be revoked at any time) is granted to download and use
the material on the Site for private, non-commercial use only, without
alterations, so long as the following copyright notice is included:
"Copyright 1999-2006 MAC-PRODUCTS, INC. All Rights Reserved." You
acknowledge that you do not acquire any ownership rights by downloading
copyrighted material from the Site.
"MPI," and the MPI logo are trademarks and/or
service marks of MPI. All other trademarks, service marks and logos
used on the Site are the trademarks, service marks or logos of their
respective owners.
The Digital Millennium Copyright Act of 1998 (the "DMCA")
provides recourse for copyright owners who believe that material appearing
on the Internet infringes their rights under U.S. copyright law.
If you believe in good faith that materials hosted by MPI infringe your
copyright, you (or your agent) may send us a notice requesting that the
material be removed, or access to it blocked. If you believe in good
faith that a notice of copyright infringement has been wrongly filed against
you, the DMCA permits you to send us a counter-notice. Notices and
counter-notices must meet statutory requirements imposed by the DMCA.
One place to find more information is the U.S. Copyright Office web
site, currently located at
http://www.loc.gov/copyright/.
Notices and counter-notices for the Site should be sent to: scottoconnor@macproductsinc.com,
We suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there can be substantial penalties
for false claims.
8. Acknowledgments
You acknowledge that you are responsible
for obtaining and maintaining all telephone, computer hardware and other
equipment needed for access to and use of the Site, and all charges related
thereto.
The Site may contain links to other Web sites
operated by third parties ("Linked Sites"). You acknowledge that,
unless otherwise explicitly provided, MPI and its sponsors neither endorse
nor are affiliated with the Linked Sites, and are not responsible for any
content that appears on the Linked Sites. You also acknowledge that,
unless otherwise explicitly provided, respective owners of the Linked Sites
neither endorse nor are affiliated with MPI or its sponsors.
9. Indemnification
You agree to indemnify, defend and hold MPI,
its officers, directors, employees, agents and representatives harmless from
and against any and all claims, damages, losses, costs (including reasonable
attorneys' fees) or other expenses that arise directly or indirectly out of
or from (a) your breach of this Agreement; (b) any allegation that any
materials that you submit to MPI infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property or other
rights of any third party; (c) your violation of the Code of Conduct above;
and/or (d) your activities in connection with the Site.
10. Information and Security
You agree to provide accurate and complete
information when you register as a MPI customer on, or otherwise provide
information in connection with, the Site. If you register to order
products or services through the Site, you will be assigned a unique MPI
Customer ID (your email address) and associated password (that you pick).
If more than one individual wishes to use a single MPI Customer ID and
password belonging to you, you must request permission from MPI in writing,
it being understood that MPI shall be under no obligation to approve any
such request.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR MPI CUSTOMER ID AND PASSWORD, AND ENTIRELY
RESPONSIBLE FOR ANY AND ALL ACTIVITIES, INCLUDING BUT NOT LIMITED TO ALL
ORDERS (WHETHER OR NOT SUCH ORDERS WERE AUTHORIZED BY YOU) THAT ARE MADE
THROUGH YOUR ACCOUNT.
If you have reason to believe that your account
with MPI is no longer secure (for example, in the event of a loss, theft or
unauthorized disclosure or use of your MPI password), you must promptly
change your MPI password by visiting the account profile section of the Site
and immediately notify MPI of the problem by contacting Customer Service to
minimize the potential for unauthorized changes to or use of your account or
personal information. MPI may access Customer's User accounts,
including without limitation Customer Data, to respond to service or
technical problems.
11. Termination
MPI reserves the right to immediately
terminate your use of the Site, or any portion thereof, and/or your
identification and password in its sole discretion with or without cause.
If you wish to terminate your account, your only recourse is to discontinue
use of such account. Upon termination of your account, your right to
use the Site immediately ceases.
12. Miscellaneous
This Agreement is entered into in the State
of Florida and shall be governed by and construed in accordance with the
laws of the State of Florida, exclusive of its choice of law rules.
Each party to this Agreement hereby submits to the exclusive jurisdiction of
the state and federal courts sitting in the County of Broward and the State
of Florida, and waives any jurisdictional, venue or inconvenient forum
objections to such courts. In any action to enforce this Agreement,
the prevailing party will be entitled to reasonable costs and attorneys'
fees. In the event that any of the provisions of this Agreement shall
be held by a court or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary so that this Agreement shall otherwise remain in full force
and effect and enforceable. This Agreement is not assignable,
transferable or sublicensable by you except with MPI's prior written
consent. This Agreement constitutes the entire agreement between the
parties hereto pertaining to the subject matter hereof and any and all prior
or contemporaneous written or oral agreements existing between the parties
hereto are expressly canceled. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. Any heading, caption or paragraph title
contained in this Agreement is inserted only as a matter of convenience and
in no way defines or explains any paragraph or provision hereof.
MPI shall have the unrestricted right to use or act
upon any suggestions, ideas, enhancement requests, feedback, recommendations
or other information provided by Customer or any other party relating to the
Service or any derivations thereof (collectively, "Improvements") to the
extent it does not constitute Confidential Information of Customer.
All Improvements, including any intellectual property rights related
thereto, shall be the sole property of MPI and Customer hereby waives any
and all claims relating thereto.
MPI LIMITED MATERIAL WARRANTY STATMENT
MAC-PRODUCTS, INC. ("MPI")
Assumes no responsibility for buyers use for the products nor over the
quality of the concrete or substrate to which they are applied.
MAC-PRODUCTS, INC., assumes no responsibility for any loss or damage
resulting from the handling or use of the products by the buyers.
MAC-PRODUCTS, INC., makes the following LIMITED WARRANTY that its products
have been supplied free from manufacturing defects, and will conform to its
current set standards. Technical data furnished by MAC-PRODUCTS, INC., is
true and accurate to the best of our knowledge; however, no guarantee of
accuracy is given or implied. Variations in color and texture of
cementitious products cannot be guaranteed from batch to batch. This
limited Warranty shall not apply in the case of improper shipping, storage,
mixing, installation, improper substrate construction, damage beyond the
scope and protection of the products, exposure of the products to harsh
chemicals not tested for compatibility by the manufacturer, and loss of bond
due to hydrostatic pressure, vapor pressure, capillary action or moisture
from within, under or adjacent to the surface of the substrate.
MAC-PRODUCTS, INC.
LIABILITY SHALL IN NO EVENT EXCEED THE ORIGINAL PURCHASE PRICE OF THE
MATERIALS, LESS FREIGHT, AND ANY TAXES OR IMPORT FEES, WHICH IT MAY SELL
WHICH MAY PROVE TO BE DEFECTIVE UNDER NORMAL USE AND SERVICE WITHIN ONE YEAR
FROM DATE OF SALE AND WHICH UPON EXAMINATION BY MAC-PRODUCTS, INC. OR ITS
AUTHORIZED AFFILIATES AND WHICH UPON EXAMINATION BY SAME SHALL DISCLOSE, TO
MAC-PRODUCTS, INC. SATISFACTION, TO BE DEFECTIVE. IN NO EVENT SHALL
MAC-PRODUCTS, INC. ITS AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO , BUYERS LOSS OF MATERIAL OR
PROFITS, INCREASED EXPENSE OF OPERATION, LOSS OF BUSINESS, BODILY INJURY,
LOSS OF USE OF PROPERTY, OR ANY DOWNTIME. MAC-PRODUCTS, INC. MAKES NO
IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE.
THE BUYER HEREBY EXPRESSLY WAIVES ANY CLAIM TO ADDITIONAL DAMAGES.
This Limited Warranty supersedes any and all other warranties express or
implied, whether written or oral, hereto made between parties.
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