Website Usage Terms & Conditions

by / Friday, 14 November 2014 / Published in Uncategorized

Terms and Conditions

Acceptance of Terms Through Use

By using the web site of theAutoDolly.com or theAutoRotisserie.com (the “Site”) owned by Merrick Machine Co. of Alda, Nebraska, you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms of Use”) and by the terms of our Privacy Policy. We reserve the right to change the Terms of Use by posting revisions to the Site at any time. Your continued use of the Site indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms of Use at the start of each use of the Site, and if you do not agree to the terms of this or any revised version, please exit the Site immediately. Merrick Machine Co. reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.

Links to Third Party Sites

The Site may contain links to web sites operated by third parties. The linked web sites are not under our control, and we are not responsible for the contents of any linked web site. Please review the linked site, and, if you do not agree to be bound by the terms governing that web site, we recommend that you terminate your visit to that web site. We provide links only as a courtesy, and such links do not imply our endorsement of any linked web site.

Intellectual Property

You acknowledge that materials available on the Site include copyrights, trademarks, service marks, patents, trade secrets or other proprietary materials (“Intellectual Property”) that are owned by Merrick Machine Co. or our licensors. You may download or print copies of portions of the materials on the Site, provided that you only use such copies for your own non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, patent or other notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the Site. You may only use the Intellectual Property or other materials on the Site as expressly permitted in this Terms of Use and for no other purpose.

If you submit comments, suggestions, ideas or other communications to Merrick Machine Co. (“Submissions”), your submission shall constitute an unrestricted worldwide license for Merrick Machine Co. to reproduce and use such Submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER MERRICK MACHINE COMPANY NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MERRICK MACHINE COMPANY, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. MERRICK MACHINE COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Indemification

You agree to defend, indemnify, and hold Merrick Machine Co. and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Merrick Machine Co. makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country.

Choice of Law

This Terms of Use agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Nebraska, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim you may bring relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Nebraska, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability

This Terms of Use constitutes the entire agreement between you and Merrick Machine Co. with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to this site. If any provision of this Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Product and Process Information

Merrick Machine Co.’s goal is to accurately describe all Merrick Machine Co. products, processes, and services on the Site; however, the Site may contain typographical errors or other inaccuracies and may not be complete or current. All product specifications, which include dimensions, are subject to change without notice. Therefore, with respect to description, pricing, quantity and availability of products, and shipping and handling fees, we reserve the right to correct any errors, inaccuracies or omissions and to change information at any time without prior notice (including after you have submitted your order).

Contacting Merrick Machin Co. and Resolving Problems

If you have any questions or comments about these Terms of Use, please contact us by email at Merrick Machine Co. darrena@merrickmachine.com or by phone at (308)-384-1780. Please provide a concise communication with complete information, including your contact information.

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