You agree to the terms and conditions outlined herein (the “Agreement”) with respect to this Website. You represent that you are at least 18 years of age (or 21 in areas where 21 is the age of majority) and are legally authorized to enter into this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content and computer programs provided by or through the Website, and the subject matter of this Agreement. This Agreement shall exist indefinitely from the date of acceptance of your application until cancelled by either party at either party’s discretion. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Website, and it is your responsibility to refer to this Agreement on a regular basis, and at least prior to each use of the Website, to ensure constant compliance with this Agreement.
The content, organization, graphics, banners, design, compilation, magnetic translation, digital conversion, text, logos, images, videos, sounds, promotional material, information, documents, or other materials, (collectively and separately referred to as “Material” or the “Materials”) and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed under “Limited Right to Use” below, is strictly prohibited. You do not acquire ownership rights to any Materials viewed or obtained through the Website. The posting by McTommie.com of Materials on the Website does not constitute a waiver of any right in and to such Materials.
Limited Right to Use:
The viewing, printing or downloading of any Materials from the Website grants you only a revocable, nonexclusive license for use solely by you to use as is reasonably required to view and listen to the content, to navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and to generate memberships to McTommie.com and /or its sites, in accordance with this Agreement, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.
Editing, Deleting and Modification:
We reserve the right in our sole discretion to change, edit or delete any Materials appearing on the Website.
You agree to indemnify, defend and hold harmless McTommie.com and its respective directors, officers, shareholders, employees, agents, attorneys, advertisers, subcontractors, representatives, and publishers (collectively, “Our Affiliated Parties”) for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys’ fees) that directly or indirectly arise out of or are based on (i) any misrepresentation or breach of any representation, warranty, or covenant made by you in this Agreement; (ii) any conduct, activity, error or omission by you, including in relation to your membership in McTommie.com site, or otherwise; (iii) any violation by you of any law, regulation, or rule; and/or (iv) any actual or alleged infringement by you of any rights of any person. You further agree to reimburse McTommie.com for any costs, fees, or expenses incurred by McTommie.com as a result of any such claims or actions mentioned in this paragraph.
Your right to use the Website is not transferable. Any password or right given to you to obtain information or documents from the Website is not transferable.
Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. McTommie.com reserves the right to grant a refund or a credit applicable to purchases to the Website at its discretion. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by McTommie.com for any reason, it will be credited solely to the payment method used in the original transaction. McTommie.com will not issue refunds by cash, check, or to another payment mechanism.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY:
The computer programs, information and other content available from or through the site are provided “as-is,” “as available,”. McTommie.com disclaims all warranties, express or implied, to the fullest extent permissible pursuant to applicable law, including, but not limited to, (a) that any computer programs or materials available from or through the website, or that the website itself will be merchantable or fit for a particular purpose, (b) that any computer programs or materials available from or through the website, or the website iteslf will be uninterrrupted or error-free, (c) that defects will be corrected, (d) that there are no viruses or other harmful components, (e) that the security methods employed will be sufficient, (f) regarding correctness, accuracy, or reilability, or (g) against interference with your enjoyment of the computer programs or materials, or against infringement. All materials and computer programs provided in the course of this agreement are provided with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you as the user. We and our affiliated parties have no liability whatsoever for your use of any of the materials available from or through the website, or the website itself. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any compensatory, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort, product liability or otherwise; nor for any third party claims of any nature, even if advised of the possibility of such damages or claims. The negation of damages set forth above are fundamental elements of the basis of the agreement between us and you. The materials available from or through the website, and the website itself, would not be provided without such limitation. No advice or information, whether oral or written, you obtain from us from or through the website shall create any warranty, representation or guaranteee not expressly stated in this agreement.
Links to Other Web Sites:
The Website may now, or hereafter from time to time, contain links to third-party websites. We do not control, investigate, monitor or check such websites, we are not responsible for the computer programs available from, content in, or opinions expressed at such websites. We provide such third-party links only as a convenience to visitors of this Website, and the inclusion of a link does not imply approval or endorsement of the linked website by us. If you decide to leave the Website and access any third-party website, you do so at your own risk.
Any Materials available from or through the Website are or may be subject to United States export controls. No such Materials from the Website may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders (each, a “Restricted List”). By using or downloading any Materials from the Website, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.
Except where expressly provided otherwise by us, all comments, feedback, information, or materials you submit through or in association with the Website shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:
You represent and warrant that McTommie.com’s use of your submission does not and will not breach any agreement, violate and law, or infringe any third party’s rights; You represent and warrant that you have all rights to enter into this Agreement; McTommie.com is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and You grant McTommie.com all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by McTommie.com to anyone whatsoever.
We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials. McTommie.com expressly prohibits the scraping of email addresses from any McTommie.com websites (including all areas of this Website – member and non-member) and expressly opts out of receiving commercial electronic mail messages to McTommie.com domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
Compliance with Laws:
Your membership to McTommie.com’s Website(s) shall at all times comply with all applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments, and decrees.
This Website can be accessed from different locations around the world and may contain references to McTommie.com’s services and programs that have not been announced where you are located. These references do not imply that McTommie.com intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in Kirkland, Washington, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Washington (without regard to conflict of law principles). Any cause of action by you with respect to the Website (and/or the Materials contained therein) must be instituted within on (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Superior Court of King County and the United States District Court for the Western District of Washington with respect to all matters relating to this Agreement therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.