MACALLISTER PROVIDES ACCESS TO THE SITES AND SERVICES AND USE OF ANY ONLINE ACCOUNT SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS AND ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THESE TERMS. BY USING ANY SITE OR SERVICE OR REGISTERING FOR ANY ONLINE ACCOUNT YOU REPRESENT AND WARRANT THAT: (I) YOU ARE 18 YEARS OF AGE OR OLDER; AND (II) IF YOU ARE A CORPORATION OR OTHER LEGAL ENTITY, YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF SUCH LEGAL ENTITY AND BIND IT TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ONLINE ACCOUNT OR USE THE SITES OR THE SERVICES.
THESE TERMS CONTAIN A PROVISION REQUIRING YOU TO RESOLVE DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND MACALLISTER WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. THIS ARBITRATION PROVISION LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Modifications. We may, at our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you within the Sites. If we make material changes to these Terms, we will notify you via email, your Online Account or on the Sites by posting a conspicuous notice prior to the effective date of the changes. By continuing to access or use the Sites, Services, or Online Account after those changes become effective, you agree to be bound by the revised Terms. Depending on the nature of such changes, you may be required to opt-in to the revised Terms to continue to access the Services or your Online Account. If you do not agree to the revised Terms, you may cease use of the Sites and Services and otherwise close your Online Account as set forth below. Please note that closing your Online Account does not close your customer account with MacAllister, but you will no longer be able to access certain Services via the Sites without an Online Account.
- Content. The Sites, including text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) is exclusively the property of MacAllister or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in these Terms, MacAllister reserves all rights in and to the Sites and Content, including all intellectual property rights. MacAllister may change the Content on the Sites, and the Services available through the Sites, at any time. MacAllister strives to ensure the Content on the Sites is accurate but makes no assurance or warranty that it is accurate at any point.
- Accounts. You are solely responsible for ensuring any data or information you provide MacAllister is accurate and that you have the legal right to provide to MacAllister. If you elect to create an Online Account via the Sites, you will have access to certain information regarding your customer account with MacAllister and certain Services that we may elect to make available via the Sites from time to time. You must provide accurate information when setting up an Online Account and keep all Online Account information current. You are responsible for maintaining the confidentiality of your password and usernames. You are fully responsible for all uses of your Online Accounts and for all users that you permit access to your Online Account or who access your Online Account or the Services using your password and user name. You agree to: (a) keep your password and user name confidential and not share it with anyone else, and (b) immediately notify MacAllister of any unauthorized use of your password or account of which you become aware. You acknowledge and agree that MacAllister is authorized to act on instructions received through your Online Account, including any orders or other communications. We may, in our discretion, deny access or block any transaction made through your Online Account without prior notice if we believe the security of your Online Account, password or user name or account has been compromised.
- Services. The Sites may include tools that enable you to access additional Services that we provide or that may be provided on our behalf by our third party vendors. Certain Services may be subject to additional Terms and conditions that will be made available to you on the Sites. For example, the Sites may allow you to schedule equipment rentals, which rental is subject to the MacAllister Rental Agreement, or pay invoices, which may be subject to third party payment processing Terms. The Sites may also allow you to fill out MacAllister customer paperwork and forms, such as data licenses and consents. Any Terms and conditions executed within the Sites are electronic contracts and binding by their Terms.
- Use Restrictions. In addition to the other restrictions outlined in these Terms, you agree that you will not (and you will not permit, assist, encourage, or enable anyone to) use your Online Account and/or Sites in order to:
- Use the Sites for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate, or assist any third party in any activity that violates these Terms or is otherwise prohibited in these Terms;
- Interfere with or disrupt servers or networks used by MacAllister to provide the Sites or Services or used by other users to access the Sites, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user’s full use and enjoyment of the Sites;
- Intercept, examine, monitor, or otherwise observe any communications protocol used by a device, a client or a server communicating with the Sites, whether through the use of a network analyzer, packet sniffer or other device or software;
- Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Sites or to extract data from your Online Account or the Services;
- Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Sites or Services or circumvent measures employed to prevent or limit access to any area, Content, or source code of the Sites;
- Use or attempt to use another user’s account without authorization or otherwise impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Sites or Services that you are not authorized to access;
- Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or Services without our express written consent to do so;
- Submit material via the Sites or your Online Account that is unlawful or otherwise infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
- Introduce any software, data, or equipment that has an adverse impact on the Site or any of the Services available through the Site;
- Reproduce, duplicate, copy, buy, sell, trade, resell or exploit for any commercial purpose any portion of the Sites or Services, including your Online Account or Content; and
- Develop any third-party applications that interact with the Sites or Content without prior written consent from MacAllister.
- Third-party Content. The Sites may contain Content from third parties or links to third-party websites or resources. Content on the Sites may include videos and other embedded content, such as YouTube videos. Any access to YouTube videos is also subject to YouTube’s Terms of Service available here. By accessing such Content, you are agreeing to be bound by YouTube’s Terms of Service. Links to third-party websites or resources are provided for your information only and do not constitute approval of those third-party websites or resources by MacAllister. MacAllister does not control or endorse and is not responsible or liable for any such third-party content, websites, communications, or resources, or any related content, products, or Services. You are solely responsible for your use of any such third-party content, websites, communications, or resources. Please note that third-party apps and sites may have their own legal Terms and conditions and you may be giving others permission to use your contact information or other information by using or interacting with them. You understand that by accessing third-party websites or resources through the Sites, you may see content that may be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. We cannot always prevent others’ misuse of the Sites, and you agree that we are not responsible for any such misuse. You are responsible for deciding whether you will access or use any third-party content, apps, or features that may be available in or through the Sites.
- Feedback. By sending us any ideas, suggestions, documents, or proposals (“Feedback“), whether related to our Sites, Services, Content, or otherwise, you agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback and may use, publish, distribute, and sublicense the Feedback without any obligation of attribution or compensation to you or any third party.
- Updates and Upgrades. From time to time, we may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the Sites (for example for maintenance, enhancements, to add or remove features, resolve software bugs, or address security concerns). All such releases are in our discretion. If you find any error, issue, or bug in the Sites you may submit Feedback to notify us of the error, issue, or bug. If we elect to install any such updates or upgrades, the Sites and Services, as well as your Online Account may be temporarily unavailable as we take our systems offline. In certain circumstances, we may need to suspend, withdraw, or disable the Sites, Services, and Online Accounts for longer periods while we deploy updates and upgrades. If we anticipate the Sites, Services, or Online Accounts being impacted, we will use commercially reasonable efforts to notify you of the same. Otherwise, we do not provide any other support for the Sites.
- Your Access to the Sites. We do not guarantee that the Sites, Services, Online Accounts, or any Content on or available via the foregoing, will be accurate, available, or uninterrupted. We may suspend, withdraw, or discontinue your access to the Sites (including disabling any Online Accounts) or any Services. We intend to provide notice of such activity where feasible but reserve the right to undertake such activity in our discretion. The Sites is controlled by MacAllister from its offices within the United States of America. MacAllister makes no representation that the Sites or Services (or Content available via the same) are appropriate or available for use in other countries, or whether access is illegal or prohibited. Those who choose to access the Sites from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations.
- Termination. You may close your Online Account and discontinue your use of the Sites at any time. If you elect to do so, you may lose access to Services via the Sites. You may contact MacAllister as set forth below to understand other options to receive Services and support from MacAllister. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites and Services, and we may restrict your access to the same (including terminating your Online Account). MacAllister may suspend or terminate the Sites or any Services, in whole or in part, at any time in its sole discretion for any reason. MacAllister shall not be liable to you or anyone else for any damages arising from or related to MacAllister’s suspension or termination of your access to your Online Account, the Sites, or the Services, or in the event MacAllister modifies, discontinues, or restricts the availability of your Online Account, the Site, or the Services (in whole or in part) as contemplated by these Terms.
- WARRANTY DISCLAIMER. THE SITES, SERVICES AND CONTENT AVAILABLE VIA THE SAME ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. MACALLISTER, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS, DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SITES, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. MACALLISTER, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES AND EACH OF THEIR OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS MAKE NO WARRANTY THAT (A) THE SITES OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS FROM THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE SITES OR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED OR CORRECTABLE; (F) THAT THE SITE OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS; (G) YOUR ONLINE ACCOUNT IS SECURE; OR (H) THE CONTENT IS ACCURATE.
- LIMITATION OF LIABILITY. TO THE GREATEST EXTENT ALLOWED BY LAW, YOU EXPRESSLY AGREE AND HEREBY RELEASE MACALLISTER, ITS SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS (THE “MACALLISTER PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR USE OF THE SITES, SERVICES, CONTENT AND ONLINE ACCOUNT, AND PROMISE NOT TO SUE THE MACALLISTER PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED THEREWITH.YOU ALSO AGREE THAT IN NO EVENT WILL THE MACALLISTER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) YOUR USE OR MISUSE OF THE SITES OR SERVICES, (B) ANY DELAY OR INABILITY TO USE THE SITES OR SERVICES, OR (C) ANY CONTENT OBTAINED THROUGH YOUR ONLINE ACCOUNT, SITES, OR SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MACALLISTER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.USE OF THE SITES AND SERVICES IS AT YOUR RISK. YOUR SOLE REMEDY AGAINST MACALLISTER FOR USE OF THE SITES OR SERVICES IS TO STOP USING THE SAME. NOTWITHSTANDING THE FOREGOING, IF MACALLISTER IS FOUND TO BE LIABLE TO YOU FOR ANY DIRECT DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITES, SERVICES, CONTENT OR ONLINE ACCOUNT, MACALLISTER’S LIABILITY SHALL NOT EXCEED $100.00 UNITED STATES DOLLARS (USD). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY AVAILABLE REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY PERIOD(S) WHEN THE SITES OR ANY FEATURE OF THE SITES IS UNAVAILABLE TO YOU FOR ANY REASON. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE (AND ANY SIMILAR LAW OF ANY STATE OR OTHER JURISDICTION), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- INDEMNIFICATION. BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS MACALLISTER AND MACALLISTER PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) INCURRED AS A RESULT OF OR ARISING FROM A CLAIM, COMPLAINT, ALLEGATION, LAWSUIT, OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS OR USE OF THE PLATFORM; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR INFRINGEMENT OR MISAPPROPRIATION OF MACALLISTER’S OR ANY THIRD PARTY’S INTELLECTUAL PROPRETY RIGHT OR OTHER PROPRIETARY RIGHT; OR (D) YOUR VIOLATION OF ANY APPLICABLE LAW.
- Governing Law. Unless otherwise required by applicable law, these Terms, and your access to and use of the Site, are governed by the laws of the State of Indiana, without regards to its conflict of laws principles. Unless otherwise required by applicable law, and except as provided in the following Section, venue is exclusively in the state or federal courts, as applicable, located in Marion County, Indiana. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim brought by you with respect to the Site, Services, or Content must be commenced within one (1) year after the cause of action or claim arises.
- BINDING ARBITRATION. YOU AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO THIS SITE THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.
- WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST COMPANY IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to MacAllister’s right to appeal.
- Good Faith Discussions. You and MacAllister must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
- Rules. You and MacAllister agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and MacAllister agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
- Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Sites, including as to the enforceability and/or formation of this agreement to arbitrate made between you and MacAllister.
- Location. You agree that arbitration shall take place exclusively in the state of Indiana. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
- Time Limit. Any claim by you arising in connection with the Sites must be commenced by you within one (1) year of the dispute giving rise to the claim.
- Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
- Changes to this Agreement to Arbitrate. If MacAllister modifies this arbitration provision, you may reject that change by sending MacAllister written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account and you may no longer access or use the Site or its Content.
- The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
- Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
- Exceptions. Notwithstanding anything to the contrary in this Section, you and MacAllister each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.
- Assignment. You may not assign your rights or delegate your duties under these Terms, including without limitation your Online Account, without our prior written consent. These Terms inure to the benefit of MacAllister’s successors and assigns.
- Entire Agreement. These Terms and any Terms posted throughout the Site (if any) are the entire agreement between you and MacAllister with respect to your access to and use of your Online Account and the Sites and all Content and Services.
- Contact Us. You may contact MacAllister at:
- MacAllister Machinery
Indianapolis, IN (HQ)
6300 Southeastern Ave
Indianapolis, IN 46203
(317) 545-2151 Phone
(800) 382-1896 Toll Free
(317) 860-3310 Fax
- MacAllister Machinery