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Terms of Use

McGregor Hardware Distribution at McGregor-Hardware.com™

Terms of Service
Last updated: April 03, 2013

Thank you for visiting McGregor-Hardware.com, the McGregor Hardware Distribution (“MHD”) website (the “MHD Website”). Use of the MHD Website is subject to the following Terms of Service (the “Terms of Service”), which may be updated from time to time without notice to you.
 
You can review the most current version of our Terms of Service at any time through the MHD Website.
 
These Terms of Service limit your rights. Please read them carefully. By accessing, browsing, and using the MHD Website, you acknowledge to having read, understood, and accepted these Terms of Service. If you do not agree to be bound by these Terms of Service, you do not have permission to access or use the MHD Website.

Privacy Policy
 
We respect your privacy and wish to establish a trusting relationship. To see how we use the private information supplied to us, please review our Privacy Policy.

Account Registration
 
Some MHD Website features may require registration of a user account (an “Account”). When applying for an Account or using the MHD Website, you agree to (a) provide true, accurate, current and complete information, and (b) promptly notify MHD of any changes to your information necessary to keep your Account true, accurate, current and complete. 

MHD assumes no responsibility for any discrepancies, omissions, inconsistencies or errors with respect to any information contained in an Account, and shall not be responsible for any damage or loss flowing therefrom.

Accounts are password protected. It is your sole responsibility to maintain the confidentiality of your Account and password. You are not permitted to share your Account password with anyone, nor are you permitted to allow others to use your Account. You are responsible for all activities, charges, and liabilities associated with your Account. You must immediately notify MHD of any unauthorized use of your Account. MHD will not be liable for any loss, damage or injury resulting from someone else using your password or Account, either with or without your knowledge.

Upon applying for an Account, MHD will review your application and may, at their sole discretion, approve your Account. You must be the age of majority to be approved for an Account. Approval of an Account in no way constitutes approval or eligibility for a credit account with MHD. For information on MHD credit accounts, please contact the MHD Accounting Department via the “Contact Us” page.

Use of the MHD Website may include direct communications from MHD to you, including system announcements and administrative messages. By registering for an Account, you consent to receiving these communications, and acknowledge that you will not be able to opt out of receiving them.

MHD will not be liable for any loss, damages or injury resulting from the use of, or inability to use, an Account.

If you breach these Terms of Service, or if MHD has reasonable grounds to suspect that you have breeched these Terms of Service, MHD has the right, at its sole discretion and without liability, to suspend or terminate your Account and refuse any and all current or future use of the MHD Website, or any portion thereof.

Should you wish to delete your Account, contact MHD and they will delete it within 30 days of receiving your request.
 
Product Catalogue
 
In addition to providing corporate information and communication, the MHD Website provides an online product catalogue for browsing and ordering products (the “Product Catalogue”).

The Product Catalogue does not constitute the entire selection of products offered by MHD. If you can’t find the product you are looking for, please contact MHD via the “Contact Us” page.

In order to view discount offers and pricing that may be available to you, you must log into your Account.

Payment of online orders is not processed at the time of checkout on the MHD Website. Prices displayed in the Product Catalogue and on the Website are quoted in Canadian dollars and, unless otherwise stated, do not include applicable taxes (GST, PST, QST or HST) or shipping costs. Taxes and shipping will be calculated at the time of fulfillment and added to your invoice. Availability of items ordered via the Product Catalogue is subject to change. Before your order is completed, you will be contacted to confirm a payment method, notified of any changes (such as backorders, discontinuations and substitutions), and advised of any additional charges such as taxes and shipping.

Although great care is taken in the production of this application and service, typographical, illustrative or pricing errors may occur. MHD assumes no responsibility for any discrepancies, omissions, inconsistencies or errors (each individually an “Error” and collectively “Errors”) with respect to items listed in the Product Catalogue or elsewhere on the MHD Website. MHD reserves the right to correct Error(s) at anytime, upon notifying you of the Error(s) and giving you the option to cancel or modify the order or invoice you the correct amount. MHD is not responsible for Errors in product availability, specifications, or other information.

MHD is not liable for any loss, damages or injury resulting from the use of, misuse of, or inability to use, the MHD Website, however caused.

MHD reserves the right to suspend or terminate all or part of the MHD Website at any time if fraud, technical failures, or other causes beyond reasonable control impede its administration, integrity or security. From time to time all or part of the MHD Website may be suspended or interrupted while performing upgrades or maintenance to the software or hardware connected to it.

Copyright
 
The MHD Website, including all material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data contained thereon (collectively, the "MHD Content") are the copyrighted works of MHD or third-party providers as applicable. You may not, in whole or in part, copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, archive, compile or collect in a database, mirror, or otherwise commercially exploit the MHD Content, without written permission from MHD.

MHD asserts and claims the maximum protection of its intellectual property available under Canadian and/or international law as applicable.
 
Code of Conduct
 
You agree to use the MHD Website only for purposes that are lawful and permitted by these Terms of Service. It is your sole responsibility to be aware, understand and adhere to any laws, rules and regulations that pertain to your use of the MHD Website, and which supplement these Terms of Service.

You may not use your Account in any manner that could damage, disable, overburden or impair the MHD Website or its servers, or interfere with any other party's use of the MHD Website. You may not attempt to gain unauthorized access to any other Accounts, computer systems, or networks connected to any MHD server through hacking, password mining or any other means, legal or illegal. You may not use any other individual's Account at any time.

You agree not to:

* use the Website to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, Provincial, Federal, or international law or regulation;
* upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable content;
* upload, post, e-mail, or otherwise transmit any unsolicited advertising or promotional materials;
* upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit;
* upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
* provide false or misleading information;
* attempt to gain unauthorized access to any other Accounts, computer systems, or networks connected to any MHD server;
* interfere with or disrupt the MHD Website or servers or networks connected to the MHD Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the MHD Website;
* collect, duplicate, sell, or otherwise exploit for any commercial purposes, any portion of the MHD Website, Product Catalog, Content, Accounts, software, or other property;
* collect or store personal information about other users without their permission.
 
External Links
 
The MHD Website may contain links to third party websites. MHD does not have control over these sites, nor is MHD responsible for these sites being accessible, nor do they endorse the products, services or information contained within these sites.

MHD will not be liable for any loss, damage or injury resulting from use, misuse or inability to use third party websites or services.  
 
Warranty and Disclaimer
 
MHD is not responsible for any information, content or data provided by third parties, including but not limited to its users.
 
Access to, and use of, the MHD Website is at your own risk, without representations or warranties of any kind. From time to time, MHD may modify the Website. MHD will not be held responsible for modifications which may break, make unavailable, or otherwise adversely affect, previously implemented features of the MHD Website. MHD is not responsible for deficiencies in the server network and hosting infrastructure. Furthermore, MHD accepts no liability for, and makes no warranty against, any loss of data or any financial loss as a result of any hardware or network failure, whether or not backup methods are in place.

IN NO EVENT WILL MHD OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR SERVICES.

MHD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES. YOU ACCEPT THAT YOU DO NOT RELY ON ANY OTHER WARRANTY OF ANY KIND.

Indemnification
 
You agree to indemnify and hold MHD, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content you submit, post to, email, or otherwise transmit through the MHD Website, your use of the MHD Website, your connection to the MHD Website, or your breach of the Terms of Service. 
 
International Use
 
MHD manages the MHD Website from its headquarters in Canada. The MHD Website and/or content pertaining to the MHD Website may or may not be appropriate or available for use in other locations. If you use the MHD Website from outside Canada, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries.
 
Modifications to the Service
 
MHD reserves the right to modify or discontinue, temporarily or permanently, the MHD Website (or any part thereof) without notice. You agree that MHD will not be liable to you or to any third party for any modification, suspension, or discontinuance of the MHD Website. 

Modification to the Terms
The waiver of any breach of these Terms of Service will not be construed to be a waiver of any succeeding breach. All waivers must be in writing, and signed by the party waiving its rights.

MHD reserves the right to modify these Terms of Service from time to time as it deems advisable without notice. The most current version of the Terms of Service will be accessibly on the MHD Website. Any variation from the Terms of Service posted on the MHD Website must be made in writing and signed by an authorized representative of MHD.

Governing Law
By accessing the MHD Website, you agree to the above ToS. This Agreement will be governed and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles. This Agreement shall NOT be governed by the U.N. Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Any dispute or claim arising out of or in connection with this Agreement shall be commenced in the provincial or federal courts located in Vancouver, British Columbia, Canada, to whose exclusive jurisdiction and in which venue the parties irrevocably submit. In any action to enforce these Terms of Service, the prevailing party will be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses, on a solicitor and own client basis.[1]

Severability

If any provision of these Terms of Service is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, while all other portions of these Terms of Service remain in full force and effect.

Termination

You may discontinue your use of the MHD Website at any time. These Terms of Service will continue to apply to all previous use of the MHD Website by you. You acknowledge and agree that MHD may terminate or block all or part of your use of the MHD Website, without prior notice, for any reason, including, without limitation, if you are believed to have breeched these Terms of Service. You agree that upon termination or discontinuance for any reason, your Account and related information may be deleted.

Trademark Notice
 
All trademarks, service marks, trade dress, and logos used on the MHD Website are the trademarks, service marks, trade dress, and logos of their respective owners.