Terms of Use
Terms of Use
Thank you for visiting www.mcguckin.com (this “Site”). This Site is operated by Hight Enterprises, LTD d/b/a McGuckin Hardware (“McGuckin Hardware”) located at 2525 Arapahoe Avenue, Unit D1, Boulder, CO 80302. Your access to and use of this Site is subject to the following terms of use and all applicable laws. The terms, “we,” “us,” and “our” when used in this Terms of Use mean McGuckin Hardware. The terms, “you” and “your” when used in these Terms of Use mean any user of this Site.
Agreement
Access to and use of this Site and the materials, information, and services available through this Site are subject to all applicable laws and regulations and to these Terms of Use. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to McGuckin Hardware you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and McGuckin Hardware relating to the sale of products or services to you through this Site, McGuckin Hardware will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. These Terms of Use may be changed by us from time to time without specific notice to you.
Ownership
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, and other matters related to this Site (“Content”) are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all Content and intellectual property rights therein are the property of McGuckin Hardware or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The posting of any Content on this Site does not constitute a waiver of any right in such Content by McGuckin Hardware. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted by you in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. Permission is hereby granted to you, to the extent necessary to allow you to lawfully access and use this Site and/or information, materials, and/or services available on it, to display and print in hard copy, portions of this Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
McGuckin Hardware does not claim ownership rights in any information, data, text, messages or other materials or content you make available or use in connection with the Site, or used in connection with your account. By submitting your content, as consideration for our permitting you to use the Site, you unconditionally grant to McGuckin Hardware a nonexclusive, perpetual, irrevocable, worldwide, fully paid, transferable right and license, with the right to sub-license through multiple levels of sublicensees, under all of your intellectual property rights in your content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use your content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in your content. You remain the owner of all content that you submit to the Site and as a condition to your use of the Site, you represent and warrant to McGuckin Hardware that you are the owner of the copyright to the content you submit to the Site or that you have written permission from the copyright owner to submit such content. In addition, you warrant that all moral rights in any content have been waived.
Trademarks
The McGuckin Hardware logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of McGuckin Hardware (the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. McGuckin Hardware aggressively enforces its intellectual property rights of its Marks to the fullest extent of the law. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Hyperlink Disclaimer
This Site may contain links and/or advertisements to other websites maintained by unrelated companies. An advertisement of, or link to, a site not maintained or operated by McGuckin Hardware website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website. Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, express, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
Data Protection Consent
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policywhich is incorporated herein by reference. Before using this Site please read through our Privacy Policy carefully. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, email or any other form of transmission for the purposes of quality control, security and other business needs.
No Warranties
We make no representations or warranties of any kind with respect to this Site or its contents, which are provided for use “as-is” and on an “as available” basis. We disclaim all warranties, express or implied, including without limitation the implied warranties of title, noninfringement, merchantability, quality and fitness for a particular purpose, with respect to this Site and any site with which it is linked. We do not warrant that this Site, its servers or email sent from us will be free of any harmful components (including viruses). We also make no representations or warranties as to whether the information accessible via this Site, or any site with which it is linked, is accurate, complete, or current. We do not provide any representations or warranties against the possibility of deletion, non-delivery, or failure to store communications, personalized setting, or other data. You accept that our directors, officers, employees and other representatives shall have the benefit of this clause.
Exclusion of Liability
You acknowledge, by your use of this Site, that your use of this Site, including any software or other materials on this Site, and any reliance upon it, is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site. To the fullest extent permitted by applicable laws we, on behalf of our employees, officers, directors, agents, suppliers, and contractors, McGuckin Hardware excludes and disclaims liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis.
If you are dissatisfied with this Site, or with any of these Terms of Use, or feel McGuckin Hardware has breached these Terms of Use, your sole and exclusive remedy is to discontinue using this Site. The total liability of McGuckin Hardware to you for any claim arising from or relating to these Terms or Use or the Site shall not exceed the amount paid by you for the services in question. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law.
These Terms of Use give you specific legal rights and you may also have other rights which vary from state to state and country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Your Obligations
In consideration of your use of the Site, if you register on our Site in order to use materials, post content, make a donation, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact McGuckin Hardware at [email protected]) and until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. McGuckin Hardware reserves all rights and remedies available to it, including the right to suspend or terminate your account and use of this Site, at any time, without notice, for any reason. While McGuckin Hardware does not and cannot review all material on the Site, and is not responsible for its content, McGuckin Hardware reserves the right to remove, delete, move, or edit content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. McGuckin Hardware will not be liable for the content of any submission.
In addition, by using any of the Site, you agree that you will not distribute any submission that:
- Is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity.
- Is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity.
- Infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation.
- Is commercial, business related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).
- Does not generally pertain to the designated topic or theme of the Site.
- Violates any specific restrictions applicable to a public forum, including its age restrictions and procedures.
- Is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing,” as those terms are commonly understood and used on the Internet.
You agree to indemnify, release and hold McGuckin Hardware harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Site (including any information or services available through this Site).
Intellectual Property Policy
McGuckin Hardware respects the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Site or has been otherwise copied or made available on the Site in a manner that constitutes copyright infringement, please send a notice of the alleged infringement to McGuckin Hardware including all of the following information:
An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner.
A description of the work that you claim has been infringed (including the URL, location on the Site, title and/or item number (if applicable) or other identifying characteristics).
Your name, company name, address, telephone number, fax number, and email address (and, if you are not the owner of the intellectual property, the name of the owner).
A statement by you that you have a good faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.
Please send the notice of alleged infringement to McGuckin Hardware’s agent for notice of claims of intellectual property infringement by any of the above to:
Hight Enterprises d/b/a McGuckin Hardware
Attn: Website Administrator
Mail: 2525 Arapahoe, Unit D1, Boulder, CO 80302
Email: [email protected]
Fax: (303) 443-0297
SERVICES INFORMATION
All references on this Site to information, materials and services apply to information, materials, and services available in the jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Site constitutes an offer to buy or sell our services in any other jurisdiction.
GIFT CARDS
Gift cards issued by McGuckin Hardware represent a prepayment for goods and services available at McGuckin Hardware and are redeemable in-store only. Cards should be treated like cash. Not usable to purchase gift cards. Not redeemable for cash, except where required by law. McGuckin Hardware shall redeem the remaining value of a gift card for cash if the amount remaining is five dollars or less on request of the holder. Lost or stolen cards will not be replaced or refunded. Cards do not expire. Use of a McGuckin Hardware gift card constitutes acceptance of these terms and conditions.
MINORS
This Site is a business and commercial site. As such, it is not intended for children or minors under the age of 13 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a donation through our Site.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) or your account with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
ENTIRE UNDERSTANDING
These Terms of Use (together with our Privacy Policy expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.
SEVERABILITY AND NO WAIVER
Our failure to enforce any provision of these Terms of Use will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
LAW & JURISDICTION
These Terms of Use shall be subject to, governed by and construed under the laws of the State of Colorado in the United States of America, without regard to conflict of law principles. Access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of Colorado and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
CONTACTING US
If you have any questions regarding these Terms of Use or any other matter, you can call us at (303) 443-1822, or reach us by email at contact [email protected]. You may also write to us at:
Hight Enterprises, LTD d/b/a McGuckin Hardware
Attention: Website Administrator
2525 Arapahoe, Unit D1
Boulder, CO 80302