Terms and Conditions

Terms & Conditions
Use of McGruff.com (the “Site”) constitutes acknowledgement that You have read, understand, and agree to the owner of this website’s Terms & Conditions and Privacy Policy. These Terms & Conditions (“Terms and Conditions” and “Agreement”) apply to the Company (also referred to as “Company,” “Site,” “we,” and “our”). It notifies the site user, (“You” and “your”) about the terms and conditions of our services, content, and products. Please read these Terms & Conditions in full before using this Site. If you do not agree with the Company’s Terms & Conditions or Privacy Policy, do not continue to use this Site, or seek its services.

Authorized Use
The Company authorizes You to use this Site for personal and non-commercial use only, as permitted by law. The Company strictly prohibits all other uses, including but not limited to the duplication, copy, reproduction, sale, resale, use, access, or additional exploitation of any material from this Site for any commercial purposes.

Intellectual Property Rights
The content of this Site is protected by applicable copyright laws in the United States and other countries.  As such, use of this Site and this Company’s services confers no intellectual property rights on You.  Content of this Site cannot be used without the written permission of the Company.  All logos, trademarks, and service marks (referred to collectively as “Trademarks”) that are displayed on this Site are Trademarks of the Company, both registered and unregistered. 

Disclaimer of Warranties
ALL INFORMATION, CONTENT, AND SERVICES FOUND ON THIS SITE ARE OFFERED “AS IS” AND YOU ACCESS THEM AT YOUR OWN RISK.  THE COMPANY DISCLAIMS ANY WARRANTY, EITHER IMPLIED OR DIRECTLY STATED REGARDING THIS SITE INCLUDING, BUT NOT LIMITED TO INFORMATION, CONTENT, AND SERVICES. THE COMPANY PROVIDES NO WARRANTY CONCERNING THE RESULTS AND EFFECTIVENESS OF THIS SITE OR ITS INFORMATION, CONTENT, AND SERVICES. USE OF THIS SITE IS AT YOUR OWN RISK. THIS COMPANY DOES NOT GUARANTEE, WARRANT, OR REPRESENT, THAT ANY OF ITS SERVICES WILL MEET YOUR REQUIREMENTS.  THE COMPANY MAKES NO GUARANTEES THAT SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.  NO GUARANTEES ARE MADE REGARDING FUNCTIONALITY OR DEFECTS IN THE OPERATION OF SERVICES OR RELATED SOFTWARE OR THAT ERRORS, IF ANY, WILL BE CORRECTED.  THE COMPANY ALSO DOES NOT GUARANTEE, WARRANT, OR REPRESENT, THAT THIRD-PARTY SERVICES WILL MEET YOUR REQUIREMENTS, OR BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.  NO GUARANTEES ARE MADE REGARDING FUNCTIONALITY OR DEFECTS IN THE OPERATION OF THIRD-PARTY SERVICES OR RELATED SOFTWARE OR THAT ERRORS WILL BE CORRECTED.

Limitation of Liabilities
THE COMPANY SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGE RESULTING FROM YOUR USE AND/OR ACCESS TO THE COMPANY’S SITE OR SERVICES. 

Third-Party Links
Following third-party links found on this Site is done at your own risk. The Company does not recommend or endorse any of the products or services found through third-party links located on this Site. Such links are intended for convenience and reference only.

The Company has not and cannot review all the material and content found on third-party websites. The Company is not responsible for content, information, software, or any other materials made available on third-party sites. By linking to a third-party website or webpage, the Company does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Company disclaims any responsibility for any harm resulting from your use of any third-party websites and webpages.

Third Party Dealings
Dealings with third parties which result from use of the Site is done at your own risk.  Any transactions between You and any third parties are not the responsibility of the Company.  These transactions may include, but are not limited to, products, services, payment, conditions, warranties, or any terms and conditions. This Company will not be held responsible for your dealings with third parties whether or not such dealings result from your use of the Site.

Copyright Infringement
If You believe that material located on the Site violates your copyright, you are encouraged to notify the Company. The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all inks to the infringing material.

Disputes and Resolution
Any dispute originating from or related to your use of or access to this Site and its services is governed by the state of California. Disputes will be settled exclusively and finally by arbitration according to the commercial arbitration rules of the American Arbitration Association then in effect at the time of the dispute in Los Angeles. The arbitrator shall have the power and authority to award damages connected with a Dispute which may not exceed actual compensatory damages and shall not multiply actual damages or award consequential, exemplary, or punitive damages. In addition, each party irrevocably waives any claim thereto. Any award shall be conclusive and final. An arbitration agreement should not be understood as an agreement to the consolidation or joinder of an arbitration under this agreement with an arbitration of claims or disputes of any non-party, regardless of the nature of the disputes.

The Terms provided here state that all disputes between You and this Company will be resolved through arbitration. As a result, You forego your right to assert or defend your rights or go to court. You also forego the right to be part of or originate a class action suit. your applicable rights will be decided by neutral arbitrators, not by a court of law, judge, or jury. By using the Company’s Site and services, You agree to these restrictions and conditions. If the arbitration provisions contained here become unenforceable or inapplicable, or in the event of any lawsuit between You and this Company or its Site, You agree that jurisdiction of this and any suit shall rest exclusively in the federal and state courts in California. You also agree that any actions or claim related to use of the Site or the Company’s services must be filed within one (1) year after the said action, cause, or claim, or else be forever barred.

Indemnification
Use of this Site constitutes your agreement to hold the Company blameless against any and all liability, expenses, loss, damages, actions, suits, claims, and proceedings, including, without limitation, reasonable attorneys’ fees and relevant costs, stemming from or related to any cause of action, allegation, claim or involving, without limitation, your use of the Site, or unauthorized or unlawful use of the Site and/or the Company’s services.

Entire Agreement
The entire agreement between You and the Company are contained in these Terms & Conditions. Company may end and terminate your access to part or all your access, with or without notice and cause, immediately. If You wish to end your Agreement or service, You may discontinue your use of the Site and its services.

Non-Waiver; Severability
Any failure on behalf of the Company to enforce these Terms and Conditions does not constitute the Company’s right to continue to enforce these Terms and Conditions.  In the event that any of the Terms and Conditions are deemed to be illegal, invalid, or unenforceable, such terms and conditions will be nullified, and the remaining terms and conditions will remain in full effect.

Termination
The Company may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, and effective immediately. If You wish to terminate this agreement, You may simply discontinue using the Website. Furthermore, the Company may also terminate the Website immediately at any time as part of Our service. All provisions of this agreement which shall survive termination, including, without limitation, ownership provisions, disclaimer of warranties, indemnity, and limitations of liability.

Modifications
The Company retains the right to modify its Terms & Conditions and to add additional terms or conditions at any time without notice to You. All modifications and additions are effective immediately. Your continued use of or access to the Website following the posting of any modifications to the Terms and Conditions constitutes acceptance of those changes. The Company may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

If You disagree with any modified or additional terms or conditions, please discontinue your use of the Site and its services.

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