The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Use Of Site

  • MAC POLISHING CO., INC. WEBSITE TERMS OF USE

    PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "SITE"). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE. THESE TERMS OF USE GOVERN YOUR USE OF THE SITE, ANY CONTENT THAT FARRELL POLISHING PRODUCTS CO. ("FARRELL") MAY MAKE AVAILBALE THROUGH THE SITE AND ANY SERVICES THAT FARRELL MAY PROVIDE THROUGH THE SITE.

    User Eligibility and Conditions of Use
    The Site is provided by MAC Polishing and available to entities and persons over the legal age of majority who can form legally binding agreements under applicable law. If you do not qualify you are not permitted to use the Site. You agree not to use the Site and any Services (as hereinafter defined) you may obtain through the Site: (i) in a manner that violates any local, state, federal, foreign or international statute, regulation, rule, order, treaty or law; (ii) in a way that is contrary to these Terms of Use; or (iii) in a manner that harms Farrell or its affiliates, licensees, distributors, service providers or suppliers or other users of this Site or the network to which it is connected, as determined in our sole discretion. You further agree: (a) not to use data mining, robots or similar data gathering or extraction methods in connection with the Site; (b) not to attempt to gain unauthorized access to any portion of the Site or any other accounts, computer systems, or networks connected to the Site whether through hacking, password timing, or any other means; (c) not to disguise the origin of information transferred through the Site; (d) not to place false or misleading information on the Site; (e) not to input or upload to the Site any information which contains viruses, Trojan horses worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or that infringes upon the Intellectual Property (as hereinafter defined) rights of another; and (f) certain areas of the Site are restricted to customers of Farrell; (g) you may not use or access the Site in any way that adversely affects the performance or function of the Site and Services or interferes with the ability of authorized parties to access the Site or Services.

    Scope of Terms of Use
    These Terms of Use govern your use of the Site and all applications, software and services (collectively, the "Services") available on the Site, except to the extent such Services are subject to a separate agreement.

    Modifications
    MAC Polishing may revise and update these Terms of Use at any time without prior notice. If you object to any such revisions or updates, your sole recourse shall be to cease using the Site. Your continued usage of the Site after changes to these Terms of Use will mean that you accept those changes. Any aspect of the Site may be revised, supplemented, deleted or updated without notice at the sole discretion of Farrell. Farrell may also change or impose fees for products and services provided through the Site at any time in its sole discretion.

    Intellectual Property
    BuffPro® and any and all intellectual property rights ("Intellectual Property") associated with the Site and its content are the sole property of MAC Polishing and may not be copied, imitated or used in whole or in part without the prior written permission of MAC Polishing. Materials published by MAC Polishing on the Site may contain proprietary information or describe products or services owned by MAC Polishing. These elements of the Site are protected by trade dress, trade secret, unfair competition, intellectual property laws and other laws and may not be copied, imitated or used in whole or in part without the prior written permission of MAC Polishing. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit or distribute the Intellectual Property of the Site without MAC Polishing's prior written permission. Except as expressly provided herein, MAC Polishing does not grant to you any express or implied rights to MAC Polishing's or any third party's Intellectual Property. Nothing on this Site confers any license under any property right, including without limitation, any right in trademark, patent or copyright, of MAC Polishing or any third party.

    Access
    You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for paying all charges related thereto. When you register to open an account anywhere on the Site, or when you contact MAC Polishing through the Site for the purpose of receiving products or services, MAC Polishing may collect certain personal information about you. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use you're the Site's account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your password and you are solely responsible for all activities that occur under your password. You agree to notify Farrell immediately of any unauthorized use of your password or any other breach of security related to the Site. Farrell reserves the right to require you to change your password if Farrell believes that your password no longer is secure. Access to Site granted under other separately executed agreements by Farrell and you shall supersede the terms contained in this Section.

    Termination
    You agree that MAC Polishing, in its sole discretion, may terminate or suspend your use of the Site and the Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.  Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Site.  Accessing the Site or the Services after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, you agree that MAC Polishing shall not be liable to you or any third party for any termination or suspension of your access to the Site and/or the Services.

    Disclaimer of Warranties
    THE SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND SERVICES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT MAC POLISHING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. MAC POLISHING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FARRELL MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED. FARRELL MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE OR FROM MAC POLISHING, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE MAC POLISHING PARTIES") SHALL CREATE ANY WARRANTY. MAC POLISHING DISCLAIMS ALL EQUITABLE INDEMNITIES. MAC POLISHING FURTHER MAKES NO REPRESENTATION THAT PRODUCTS REFERENCED IN THE SITE OR OTHERWISE ARE LEGAL, AVAILABLE OR APPROPRIATE IN YOUR COUNTRY OR REGION.

    Limitation of Liability
    IN NO EVENT WILL ANY OF THE MAC POLISHING PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE SITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY FARREL PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

    Exclusions and Limitations
    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any MAC Polishing Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the MAC Polishing Party's liability shall be the minimum permitted under such applicable law.

    Links
    The Site may contain links to third-party sites and resources (collectively, "Linked Sites"). These Linked Sites are provided solely as a convenience to you and not as an endorsement by Farrell of the content on such Linked Sites. MAC Polishing makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. MAC Polishing is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site's privacy policy.

    User Submissions
    Certain areas of the Site may permit you to submit feedback, information, data, text, software, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to MAC Polishing an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that MAC Polishing deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). MAC Polishing reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. MAC Polishing may, but is not obligated to, pre-screen User Submissions or monitor any area of the Site through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. MAC Polishing is not required to host, display, or distribute any User Submissions on or through the Sites and may remove at any time or refuse any User Submissions for any reason. Farrell is not responsible for any loss, theft, or damage of any kind to any User Submissions. MAC Polishing does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that MAC Polishing will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. MAC Polishing does not guarantee that you will have any recourse through MAC Polishing or any third party to edit or delete any User Submission you have submitted. By submitting any User Submissions, you represent that you have the right to use any User Submissions and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the Site to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.

    Indemnification
    You agree to indemnify, defend, and hold harmless the MAC Polishing Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms of Use. MAC Polishing reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with MAC Polishing's defense of such claim.

    Jurisdiction
    TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THE SERVICES SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF ST. LOUIS, STATE OF MISSOURI, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

    Governing Law
    These Terms of Use and the relationship between you and MAC Polishing shall be governed by the laws of the State of Missouri as applied to agreements made, entered into, and performed entirely in Missouri by Missouri residents, notwithstanding your actual place of residence.

    General
    These Terms of Use, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire and exclusive and final statement of the agreement between you and MAC Polishing with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and MAC Polishing with respect to such subject matter. The MAC Polishing Parties are third party beneficiaries with respect to the provisions in these Terms of Use that reference them. The failure of MAC Polishing to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of MAC Polishing and you as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use shall remain in full force and effect notwithstanding any termination of your use of the Site. These Terms of Use will be interpreted without application of any strict construction in favor of or against you or MAC Polishing. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Terms of Use without restriction.