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McElroy Terms of Service Agreement

Please read the following terms of service agreement carefully. By accessing or using our sites and our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user, customer, or prospective customer to read the terms and conditions before proceeding to use this site. If you do not expressly agree to all of the terms and conditions, then please do not access or use our sites or our services. This terms of service agreement is effective as of 05/25/2018.

McElroy Manufacturing Inc. ("McElroy") maintains this site (the "Site") for your personal information, entertainment, education, and communication. Your access and use of the Site is subject to the terms and conditions contained in this Legal Notice (the "Terms and Conditions") and all applicable laws.
By accessing and browsing the Site, you expressly accept and agree to be bound by the Terms and Conditions, without limitation, qualification, or exception, notwithstanding any inconsistent provision in any other agreement to which you are a party. Also see our Privacy Statement.

You agree to defend, indemnify and hold McElroy harmless for any damages, liabilities, expenses, costs (including attorney fees) and other losses arising directly or indirectly for your violation of these Terms and Conditions, your use of this Web site, or your use of any Content on this Web site.

All of the content on the Site, including without limitation the data, text, materials, images, logos, audio, video, bulletin boards, chat rooms, and communications received (all of the foregoing, the "Content") is owned by McElroy and is subject to legal protection under state and federal copyright, trademark, and other laws, except for any third party proprietary information or as otherwise noted. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes, personal property rights, and other state and federal laws. You may download materials displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on such materials. You may not download, copy, distribute, modify, transmit, display, reuse, report, sell, profit by, or use any of the Content in any manner inconsistent with these Terms and Conditions.

While McElroy makes reasonable efforts to include only accurate and up-to-date content on the Site, we make no warranties or representations as to the accuracy or completeness of any of the Content. McElroy assumes no liability or responsibility for any inaccuracies, technical or typographical errors, or omissions in the Content, and you expressly accept and assume all risk arising from the use of or reliance on any Content, including any damages, liabilities, and other losses directly or indirectly related to the Content.

You acknowledge and agree that your use of the Site is entirely at your own risk. In no event shall McElroy or any other party involved in creating, producing, maintaining, or delivering the Site be liable in any manner for any damages nor for any other remedies or liabilities, in any manner arising out of or in connection with your use of the Site. The site and all content are provided to you “as is” and McElroy expressly disclaims all warranties and conditions of any kind with regard to the site, both express and implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. You expressly accept and assume all risks associated with all of the foregoing. Please note that some jurisdictions may not allow all of the above exclusions of implied warranties, so certain of the foregoing exclusions may not apply to you (although you agree to be bound by such exclusions to the fullest extent permitted by applicable law). McElroy also assumes no responsibility and shall not be liable for any damages or loss due to computer viruses or similar hazards that may infect your computer equipment or other property in connection with your use of the Site or any Content. You expressly accept and assume all such risk.

Any communication or material you transmit or communicate to the Site by electronic mail or otherwise, including any data, questions, comments, criticisms, suggestions, and the like, is and will be treated as non-confidential and non-proprietary. Any such communications may be used in any manner by McElroy, its affiliates, and/or any third party, for any purpose whatsoever, including without limitation reproduction, storage, disclosure, transmission, publication, broadcast, and posting. You expressly waive any and all privacy and ownership rights to any such communication, and you expressly release and authorize McElroy to publish or use in any manner your communication and any identifying information provided therewith subject to McElroy's Privacy Policy.

You herein acknowledge, understand and agree that all of the McElroy Manufacturing Inc. trademarks, copyright, trade name, service marks, and other McElroy Manufacturing Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of McElroy Manufacturing Inc. You herein agree not to display and/or use in any manner the McElroy Manufacturing Inc. logo or marks without obtaining McElroy Manufacturing Inc’s prior written consent.

Links on the Site to other sites are provided as a convenience and do not imply endorsement by McElroy. McElroy is not responsible for the contents of any other site linked to this Site, or for any consequential or other damages, liabilities, or loss suffered by any party as a result of linking between the Site and any other site. You expressly accept and assume all such risk.

It is at the mutual agreement of both you and McElroy Manufacturing Inc. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Oklahoma without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and McElroy Manufacturing Inc., shall be filed within the courts having jurisdiction within the County of Tulsa, Oklahoma or the U.S. District Court located in said state. You and McElroy Manufacturing Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

At any time, should McElroy Manufacturing Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within year(s) after said claim or cause of action arose or shall be forever barred.

Please report any and all violations of this TOS to McElroy Manufacturing Inc. as follows:

Mailing Address:
McElroy Manufacturing Inc.
PO Box 580550
Tulsa, Oklahoma 74158
Telephone: (918) 836-8611
Fax: (918) 831-9285
Email: marketing@mcelroy.com

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