Terms & Conditions
BY VISITING MCMAHONTRUCKS.COM (the “Website”), YOU AGREE TO THE FOLLOWING TERMS & CONDITIONS:
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.
This Website is provided by McMahon Truck Centers. By using this Website or by submitting information through this Website, you agree to abide by the terms and conditions set forth herein. Any violation of the terms may result in termination of your ability to access the Website.
THIS WEBSITE IS NOT INTENDED FOR PERSONS UNDER 18 YEARS OF AGE.
You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized access resulting from your actions.
Acceptable Use
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component; or
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder.
Modification of these Terms & Conditions:
McMahon Truck Centers reserves the right to change or modify any of the terms contained in these terms & conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
Electronic Communications
When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices, policies, contracts, and applications.
Intellectual Property Rights
This Website and the entire contents contained on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive intellectual property of McMahon Truck Centers. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of McMahon Truck Centers. Any unauthorize modification or use of McMahon Truck Centers content for any purpose violates McMahon Truck Centers’ intellectual property rights.
Any information, ideas, or remarks submitted to McMahon Truck Centers by a user of this Website regarding the Website or McMahon Truck Centers will forever be the property of McMahon Truck Centers. McMahon Truck Centers will not be required to treat any submission as confidential, will not be liable for any ideas for its business, and will not incur any liability as a result of any similarities that appear in future McMahon Truck Centers operations. McMahon Truck Centers will have exclusive ownership of all present and future rights to any submissions of any kind, for all purposes, and without compensation to any person sending a submission.
License
McMahon Truck Centers grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of McMahon Truck Centers. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of McMahon Truck Centers. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. No other right, title or interest to McMahon Truck Centers’ content or to the use of this Website is granted.
McMahon Truck Centers authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty/Limitation of Liability:
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. McMAHON TRUCK CENTERS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, McMAHON TRUCK CENTERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. McMAHON TRUCK CENTERS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. McMAHON TRUCK CENTERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
McMAHON TRUCK CENTERS USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. McMAHON TRUCK CENTERS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, McMAHON TRUCK CENTERS SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third-Party Links
For your convenience, McMahon Truck Centers may provide links on the Website to third party websites operated by other entities. If you use such third-party sites, you will leave this Website. If you decide to visit any linked third-party website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. McMahon Truck Centers does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third-party links do not imply that McMahon Truck Centers sponsors, endorses, is affiliated or associated with any linked third-party websites.
Applicable Law; Exclusive Jurisdiction
By visiting the Website, you agree that the laws and jurisdiction of the courts of the State of North Carolina, without regard to principals of conflict of laws, will govern these Terms & Conditions, and any dispute of any sort that might arise between you and McMahon Truck Centers relating to or arising out of your use of this Website. You agree that the mandatory venue for all disputes between you and McMahon Truck Centers relating to or arising out of your use of this Website are the state and federal courts located in Charlotte, North Carolina, USA.
Binding Arbitration
Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Charlotte, North Carolina, USA. Arbitration under these Terms & Conditions shall be conducted under the rules for commercial disputes then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third-party information provider to the Website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.
Other Provisions
McMahon Truck Centers’ failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.
McMahon Truck Centers may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.