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
User Eligibility and Conditions of Use
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.
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.
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.
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.