Introduction
Welcome to themcgor.shop! These Terms and Conditions (“Terms”) govern your access to and use of our website and online store (the “Site”) as well as all content, services, and products available on or through the Site (collectively, the “Services”).
Please read these Terms carefully before using the Site or Services. By accessing or using the Site or Services, you agree to be bound by these Terms and all policies and guidelines incorporated by reference. If you do not agree to all of these Terms, do not access or use the Site or Services.
These Terms contain an arbitration agreement and class action waiver that applies to all claims brought against Mcgor® Under Cabinet Lighting. Please read it carefully.
We may modify these Terms from time to time. If we make material changes, we will notify you of the changes before they become effective. By continuing to access or use the Site or Services after the changes become effective, you agree to be bound by the revised Terms.
Site Access
Age Restrictions. The Site and Services are intended for users 18 years of age and older. If you are under 18, you may not access or use the Site or Services.
Site Availability. We strive to make the Site and Services available 24 hours a day, 7 days a week. However, we cannot guarantee uninterrupted or error-free access or use. The Site or Services may be unavailable or experience interruptions due to maintenance, updates, outages, or other causes beyond our reasonable control.
Site Changes. We reserve the right to modify, suspend, or discontinue the Site or Services (or any features or functionality) at any time without notice or liability to you.
Registered Users. You may browse certain areas of the Site without registering, but access to certain features or Services may require registering with us. When you register, you agree to provide accurate and complete registration information and promptly update any changes. Failure to do so may result in restricting, suspending or terminating your access and account.
Passwords. You are responsible for protecting your password confidentiality and security. You agree not to disclose your password to any third party and to immediately notify us of any unauthorized use of your account.
Prohibited Activities. You agree not to:
- Use the Site or Services for any illegal purpose or that violates any applicable laws;
- Take any action that interferes with or disrupts the Site or Services;
- Attempt to gain unauthorized access to computer systems or networks connected to the Site or Services;
- Post, upload or transmit any malicious code;
- Post or transmit any unlawful, threatening, abusive, defamatory or obscene material;
- Violate the rights of Mcgor® Under Cabinet Lighting or any third party, including privacy, publicity and intellectual property rights;
- Post or list articles on the Site that infringe or violate third party rights or applicable laws;
- Use the Site or Services for commercial purposes not expressly approved by Mcgor® Under Cabinet Lighting.
Violating these rules may result in restricting, suspending or terminating your access to the Site or Services. We reserve the right to seek all remedies available at law and equity for violations of these Terms.
Your Use of the Site and Services
Your Account. If you register on the Site, you are responsible for maintaining the confidentiality of your account information and restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
Intellectual Property. The content on the Site, including text, graphics, logos, data, images, software, and other materials is the exclusive property of Mcgor® Under Cabinet Lighting or its content suppliers and is protected by copyright, trademark and other applicable laws. You may access, download and print content from the Site only for your personal and non-commercial use.
User Content. By submitting or posting content or materials (including product reviews, comments or suggestions) to the Site or Services, you grant Mcgor® Under Cabinet Lighting a perpetual, worldwide, royalty-free license to use, reproduce, modify, distribute, publish and make derivative works from it. You represent that you have all rights necessary to submit the content and it does not infringe or violate third party rights.
Accuracy of Information. We attempt to ensure information on the Site is complete, accurate and current. However, we do not guarantee the accuracy or completeness of any information and it should not be relied upon as such. We reserve the right to make changes, corrections and/or improvements to the Site at any time without notice.
Linking Policy. We welcome links to the homepage of our Site. However, you may not link to other interior pages without our express written consent. We reserve the right to withdraw linking permission at any time.
Third Party Websites. The Site may contain links to websites operated by third parties. Accessing those sites is at your own risk. We make no warranties or representations regarding those sites or any products or services offered on them. We are not responsible for the availability or content of those third party sites.
Online Purchases
Order Acceptance. Completing and submitting an order constitutes an offer to purchase products or services from Mcgor® Under Cabinet Lighting. We reserve the right to accept or reject your order in our sole discretion. If your order is accepted, you will receive an order confirmation email with details about estimated delivery time and other relevant information. Acceptance of your order and the formation of a contract of sale will occur when we debit your credit card or payment account for the products or services you ordered.
Prices. All prices listed on the Site are quoted in U.S. dollars. We reserve the right to change prices at any time. In the event of an erroneous price, we have the right to refuse or cancel any orders placed for a product listed at an incorrect price.
Sales Tax. Applicable sales tax will be collected for any orders, where required by law.
Shipping and Delivery. We will arrange for shipment of the products to you and prepay the shipping charges, unless otherwise noted. Title and risk of loss pass to you when products are delivered to the carrier. We are not liable for delays in delivery caused by events outside our control.
Returns and Refunds. If you are unsatisfied with your purchase for any reason, you may return it to us within 30 days of delivery for a refund. Refunds are issued to the original payment method. You are responsible for all shipping costs for returned items. We reserve the right to refuse returns or exchanges for any reason permitted by law.
Governing Law. These Terms are governed by the laws of the United States and the State of Tennessee, without regard to conflicts of law rules.
Product Information
Mcgor® Under Cabinet Lighting strives to accurately describe and display products offered on the Site. However, we do not warrant or guarantee that product descriptions, colors, photographs or other content is accurate, complete, reliable, current or error-free. Images of products may differ from actual appearance based on the user’s browser or monitor settings. We reserve the right to make changes, corrections or improvements to product information or specifications without notice.
Intellectual Property
The content on the Site, including text, graphics, logos, data, images, software, and other materials, is the property of Mcgor® Under Cabinet Lighting or its content suppliers and is protected by United States and international copyright, trademark and other applicable laws. You may access, download and print content on the Site for your personal and non-commercial use only. Any other use, including modification, distribution, transmission, performance, broadcast, reproduction or commercial exploitation of Site content is strictly prohibited.
Mcgor® Under Cabinet Lighting trademarks, service marks, trade names, logos and domain names (collectively, “Marks”) displayed on the Site are our registered and unregistered trademarks. You agree not to use or interfere with any Marks for any unauthorized purpose. Use of any computer program, code or device to interfere or attempt to interfere with the Site or Services is prohibited and may result in criminal and civil liability under applicable laws.
User Content
By submitting or posting any content on the Site, you grant Mcgor® Under Cabinet Lighting a perpetual, worldwide, royalty-free license to reproduce, modify, distribute, publish and make derivative works from your content for any purpose on our Site and in any medium now known or hereafter devised.
You represent and warrant that you have all rights necessary to submit all content you provide and the content will not infringe or violate third party rights including copyright, trademark, privacy, publicity or other rights. You agree to indemnify and hold Mcgor® Under Cabinet Lighting harmless from any claims resulting from your content or violation of these Terms.
Mcgor® Under Cabinet Lighting reserves the right to remove or edit any content submitted or posted on the Site for any reason at any time without notice.
Reviews and Comments
If you submit or post any comments, reviews, feedback or other content regarding products or services offered on the Site, the content will be considered non-confidential and Mcgor® Under Cabinet Lighting has the royalty-free right to use it for any purpose including reproduction, transmission, disclosure, publication, broadcast and posting. We are free to use any ideas, concepts, techniques or know-how contained in any content you submit for any purpose including developing and marketing products or services.
We appreciate your feedback, but cannot guarantee we will respond or utilize your suggestions. For any content you submit, you grant us an unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual license to publish, reproduce, display, perform, edit, distribute and use it in any medium.
Privacy Policy
Please review our Privacy Policy to understand how we collect, use and disclose information that may be provided through your use of the Site and Services. The Privacy Policy is incorporated by reference into these Terms.
Disclaimer of Warranties
Your use of the site and services is entirely at your own risk. The services and site are provided on an “As Is” and “As Available” basis without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Mcgor® Under Cabinet Lighting makes no warranties that (i) the services or site will meet your requirements; (ii) the services will be uninterrupted, timely, secure, virus free or error free; (iii) information provided through the services or site is complete, accurate or reliable; or (iv) any errors in the services or site will be corrected.
All services and site are provided without any representation or warranty of any kind whether express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Your sole remedy for dissatisfaction with the site or services is to stop using them.
Limitation of Liability
Mcgor® Under Cabinet Lighting shall not be liable for any direct, indirect, special, consequential, exemplary, punitive or incidental damages, or any other damages arising out of or relating to these terms, the site or the services. This applies regardless of the legal theory and whether damages were foreseeable or we were advised of their possibility.
Our total liability arising out of or relating to these terms, the site or the services, is limited to the amounts you paid for products or services purchased through the site in the prior year. This limitation applies regardless of the legal theory and whether damages were foreseeable or we were advised of their possibility.
Indemnification
You agree to fully indemnify, defend and hold harmless Mcgor® Under Cabinet Lighting and our officers, directors, employees and agents, from and against any and all claims, actions, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from or relating to your access or use of the Site or Services, violation of these Terms, violation of any third party right including without limitation any copyright, trademark, trade secret or other property right or privacy right, or any claim that your content caused damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle or compromise any claim or matter without our written consent. You agree to cooperate fully with us in the defense of any claim.
Termination
We reserve the right to immediately terminate or restrict your access to the Site and Services if we determine in our sole discretion that you have breached these Terms or applicable laws. Any such termination or restriction could prevent you from accessing parts of the Site or Services.
Upon termination, you will cease all use of and access to the Site and Services. All provisions of these Terms relating to intellectual property rights, disclaimers and limitations of liability, indemnification, and any other provisions that by their nature should survive termination, will survive any termination or expiration of these Terms.
Changes and Updates
We reserve the right to modify, update or discontinue the Site or Services at our sole discretion, at any time, for any or no reason, and without notice or liability. We may provide notice of material changes by posting it on the Site or by sending you an email or other notification. Your continued use of the Site or Services after notice of any changes have been provided will signify your assent to and acceptance of the changes. It is your responsibility to review the Site and Terms periodically for any updates or changes.
Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY AFFECT YOUR RIGHTS.
Arbitration Agreement. Mcgor® Under Cabinet Lighting and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes disputes arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Terms, except disputes relating to trademarks, logos, domain names or other intellectual property rights.
“Disputes” include claims that: (i) you bring against us or our employees, agents or affiliates; (ii) you bring against a third party that we indemnify; (iii) that we bring against you; or (iv) that we bring against a third party that you indemnify.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Terms, and will be administered by the AAA. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these Terms.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Location. The arbitration will take place in Nashville, Tennessee.
No Class Actions. YOU AND MCGOR® UNDER CABINET LIGHTING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Other Important Terms
Entire Agreement. These Terms constitute the entire agreement between you and Mcgor® Under Cabinet Lighting relating to your access to and use of the Site and Services and supersede any prior or contemporaneous agreements.
Severability. If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in effect.
Assignment. You may not assign or delegate any of your rights or obligations under these Terms without our prior written consent, and any unauthorized assignment is void. We may assign our rights and obligations under these Terms.
No Waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision. Any waiver must be in writing and signed by us.
Contact Us. If you have any questions about the Site or Terms, please email us at [email protected]. Thank you for visiting!