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MACK WELDON WEBSITE TERMS OF USE AND CONDITIONS

Effective Date of Current Policy: November 6, 2017

Mack Weldon, Inc. ("Mack Weldon", "we," or "us") operates the website located at www.mackweldon.com (the "Site"). The use of the Site is subject to the following terms and conditions (the "Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND MACK WELDON.  BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE AS WELL AS ANY OTHER TERMS, GUIDELINES OR RULES THAT APPLY TO ANY PORTION OF THIS SITE, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE INFORMATION OR PRODUCTS OBTAINABLE OR ACCESSIBLE THROUGH THE SITE. If you have any questions about the Terms of Use, please contact us.

1. PRIVACY

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information.  Our Privacy Policy is hereby incorporated into these Terms of Use by reference.

2. ELECTRONIC COMMUNICATIONS 

When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

3. COPYRIGHT

Images of people, places and/or products posted on this Site are either the property of Mack Weldon, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Mack Weldon or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Mack Weldon and is protected by United States and international copyright laws. Any unauthorized use of any content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. No materials or content provided on or through this Site may be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used for the creation of a derivative work without the express written permission of the copyright owner of such materials or content.  To inquire about obtaining authorization to use the materials or content on this Site, please contact us.

4. TRADEMARKS

All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Mack Weldon, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Mack Weldon, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.

5. LIMITED LICENSE AND SITE ACCESS

 We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to, and you agree not to, do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read, including by using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site; (e) upload or otherwise transmit to or through the Site any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that can cause harm or delay to the Site or computers of any kind; (f) gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Site; (g) reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Service, use of the Service, access to the Service or content obtained through the Service, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without our express written consent: (1) copying, caching, recording, compiling, or reformatting any information obtained from the Site for commercial purposes in any fashion whatsoever, (2) framing, embedding and/or passing off information obtained from the Site in such a manner as to present the information as originating from a source other than the Site, or (3) using any trademarks, service marks, design marks, logos, photographs or other content belonging to us obtained from the Site; or (h) assist or permit any persons in engaging in any of the activities described above.  There are no implied licenses granted in this Agreement.

6. ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Mack Weldon is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Mack Weldon.

You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Mack Weldon immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Mack Weldon, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Mack Weldon cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.

7. CONTENT YOU MAY SUBMIT TO MACK WELDON

From time to time Mack Weldon may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities (collectively, “Communications Facilities”). In such instances, Mack Weldon welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Mack Weldon must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Mack Weldon will become, upon your submission, the sole and exclusive property of Mack Weldon and Mack Weldon shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Mack Weldon has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Mack Weldon. By submitting any materials of any kind to Mack Weldon, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Mack Weldon does not and will not violate or infringe the rights of any third-parties.

You acknowledge that communications to or with Communications Facilities are not private communications, and that others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Mack Weldon does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Company spokespersons, and their views do not necessarily reflect those of Mack Weldon. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by Mack Weldon or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Mack Weldon is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

8. DISCOUNT CODES / PROMO CODES

Discount codes (also referred to as promo codes or promotional codes) have no cash value and cannot be redeemed for cash, and cannot be combined with any other offers. Limit one discount code per order. Discount codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain discount codes may have their own redemption period as specified in connection with the discount code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Discount codes are void where prohibited, taxed or restricted. Mack Weldon reserves the right to change or limit discount codes in its sole discretion.

9. Store Credits

Store credit may be issued to Customers for returns, exchanges, referrals, or promotional campaigns. Store Credit can only be used online at MackWeldon.com. Store Credit can only be used on orders associated with your original account. This means Store Credit cannot be transferred to another person or account. Please treat Store Credit like cash. Store Credit may not be purchased. Store Credit is provided to your account when purchased items have been returned, your referral link has been used by a new customer, or we have run a promotional campaign. We may edit, update or remove any type of store credit at any time at our discretion. Store credits generally expire and are no longer valid for redemption according to the following schedule:

Return or Exchange: 60 days after their date of generation
Promotional: 90 days after their date of generation
Referral: 90 days after their date of generation