Information
This Web site is owned by the McRae Group of Companies.
By accessing, viewing, or using the systems, services or
materials on the McRae Group of Companies ("MGC") web
site, (e.g., "ronmcrae.com," which is collectively known as the "Site"), you indicate
your understanding of these "Terms and Conditions of Use," and
further agree to accept such Terms and Conditions of Use and to
be legally bound by them.
A. AVAILABILITY AND USE OF MATERIALS ON THE SITE
"Materials" include information, forms, documents, software
and other content present on or available to you from the Site.
"Software" means any computer software accessible to you on the
Site. MGC may revise, enhance or update the Materials at any
time. You must use the latest version or newest release of the
Materials in accordance with the procedures established by
MGC. Materials which offer descriptions or information on the
products MGC sells are intended as general information and
may not contain complete descriptions of all applicable terms,
exclusions and conditions. Product availability varies by state.
B. COPYRIGHT AND PROPRIETARY RIGHTS IN MARKS, LOGOS AND
MATERIALS
All service marks and logos located on the Site are owned by
MGC unless otherwise indicated. All Materials are MGC's
property, unless otherwise indicated. All Materials are
protected by United States copyright laws and all other
applicable laws. Removal or reproduction, by any means, of any
Materials, logo, trademark, service mark, or the name of MGC, is expressly prohibited without the prior
written consent of MGC.
C. LICENSE TO USE MATERIALS
MGC grants you a non-exclusive, non-transferable,
temporary license to use Materials other than the Software.
MGC may revoke your license to use any Material (including
Software) at any time if you fail to comply with this Agreement,
or for any other reason. In no event shall the Materials be used
in any manner which MGC deems to be directly or indirectly in
competition with MGC or contrary to MGC's best interests.
D. COMMUNICATIONS WITH THE SITE
Except as required by privacy laws, if you elect to
communicate with MGC via the Site or e-mail, you acknowledge
that the information contained in your message shall not be
considered confidential and that MGC shall be free to
disclose or otherwise use such information contained therein
without any liability or limitation, including but not limited
to creating and marketing products and/or services using such
information. MGC is not responsible and shall not be liable
for the contents of information, messages or other content
posted to the Site by visitors or persons other than MGC
employees. Opinions or comments contained in such items reflect
the views of the author and not of MGC unless MGC
expressly states to the contrary.
E. LINKS TO OTHER WEB SITES
The Site may, from time to time, contain links to other
Internet Web sites for the convenience of users in locating
information and services that may be of interest. You
acknowledge that these third-party sites are maintained by
persons or organizations which MGC does not control, and
MGC expressly disclaims any responsibility for the content,
the accuracy of the information and/or quality of products or
services provided by or advertised on these third-party sites.
MGC does not control, endorse, promote, or have any
affiliation with any other Web site unless expressly stated in
the Site or in the other Web Site.
F. USE OF THE INTERNET
Use of the Internet is solely at your own risk and is subject
to all applicable state, national and international laws and
regulations. While MGC endeavors to apply security protocols
which are necessary and appropriate to the types of electronic
communications which occur through use of the Site, the
confidentiality of any communication or material transmitted to
or from MGC via the Site, other Web Sites or Internet
electronic mail cannot be guaranteed, including personal
information such as your address or phone number. MGC will not be liable for any loss resulting from a cause
over which we have no direct control, including but not limited
to, failure of electronic or mechanical equipment or
communication lines, telephone or other interconnect problems,
computer viruses, unauthorized access, theft, operator errors,
severe weather, earthquakes, natural disasters, strikes or other
labor problems, wars, or governmental restrictions.
G. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT
SHALL MGC BE LIABLE TO YOU, OR TO ANY THIRD PARTIES, FOR ANY
DAMAGES YOU OR A THIRD PARTY MAY SUSTAIN DUE TO YOUR USE OR
INABILITY TO USE THE SITE OR ANY MATERIALS, EVEN IF MGC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MGC SHALL NOT
BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT
LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM
THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS.
UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MGC TO YOU
EXCEED THE PRICE PAID FOR USE OF THE SITE. THE SITE AND
MATERIALS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED
BY LAW, MGC DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. MGC DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS WILL MEET ANY
REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SITE OR ANY
MATERIALS WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED
FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SITE OR MATERIALS
WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY
PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER
OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
H. INDEMNIFICATION AND INJUNCTION
You agree to defend, indemnify, and hold harmless MGC, its
affiliates and subsidiaries, and all of their respective
directors, officers, employees, representatives, proprietors,
partners, shareholders, servants, principals, agents,
predecessors, successors, assigns, and attorneys from and
against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs, and expenses (including attorney's
fees and litigation expenses) relating to or arising from your
use of the Site, any breach by you of these Terms and
Conditions, your negligent or intentional acts, errors or
omissions in regard to the subject matter of this Agreement, or
your failure to comply with applicable laws.
I. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of the State of
Arizona without regard to that state's principles of conflicts
of laws. Your consent to the jurisdiction of the federal and
state courts presiding in Scottsdale, Arizona, and agree to accept
service of process by mail and hereby waive any and all
jurisdictional and venue defenses otherwise available. This Site
is controlled and operated by MGC from its offices within the
United States. MGC makes no representation that materials in
the Site are appropriate or available for use in other
locations, and access to them from territories where their
contents are illegal is prohibited. Those who choose to access
this Site from other locations do so on their own volition and
are responsible for compliance with applicable local laws.
