Terms and Conditions

Terms and conditions: www.mclaganint.com 

These terms and conditions (“Agreement”) set forth the general terms and conditions of your  use of the mclaganint.com website (“Website” or “Service”) and any of its related products and  services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you”  or “your”) and McLagan International, Inc (“McLagan International, Inc”, “we”, “us” or “our”).  By accessing and using the Website and Services, you acknowledge that you have read,  understood, and agree to be bound by the terms of this Agreement. If you are entering into this  Agreement on behalf of a business or other legal entity, you represent that you have the  authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your”  shall refer to such entity. If you do not have such authority, or if you do not agree with the  terms of this Agreement, you must not accept this Agreement and may not access and use the  Website and Services. You acknowledge that this Agreement is a contract between you and  McLagan International, Inc, even though it is electronic and is not physically signed by you, and  it governs your use of the Website and Services. 

Accounts and membership 

If you create an account on the Website, you are responsible for maintaining the security of  your account and you are fully responsible for all activities that occur under the account and  any other actions taken in connection with it. We may, but have no obligation to, monitor and  review new accounts before you may sign in and start using the Services. Providing false  contact information of any kind may result in the termination of your account. You must  immediately notify us of any unauthorized uses of your account or any other breaches of  security. We will not be liable for any acts or omissions by you, including any damages of any  kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your  account (or any part thereof) if we determine that you have violated any provision of this  Agreement or that your conduct or content would tend to damage our reputation and goodwill.  If we delete your account for the foregoing reasons, you may not re-register for our Services.  We may block your email address and Internet protocol address to prevent further  registration. 

User content 

We do not own any data, information or material (collectively, “Content”) that you submit on  the Website in the course of using the Service. You shall have sole responsibility for the  accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property  ownership or right to use of all submitted Content. We may monitor and review the Content on  the Website submitted or created using our Services by you. You grant us permission to access,  copy, distribute, store, transmit, reformat, display and perform the Content of your user  account solely as required for the purpose of providing the Services to you. Without limiting  any of those representations or warranties, we have the right, though not the obligation, to, in  our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates  any of our policies or is in any way harmful or objectionable. Unless specifically permitted by  you, your use of the Website and Services does not grant us the license to use, reproduce,  adapt, modify, publish or distribute the Content created by you or stored in your user account  for commercial, marketing or any similar purpose.

Billing and payments 

You shall pay all fees or charges to your account in accordance with the fees, charges, and  billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your  purchase constitutes a high-risk transaction, we will require you to provide us with a copy of  your valid government-issued photo identification, and possibly a copy of a recent bank  statement for the credit or debit card used for the purchase. We reserve the right to change  products and product pricing at any time. We also reserve the right to refuse any order you  place with us. We may, in our sole discretion, limit or cancel quantities purchased per person,  per household or per order. These restrictions may include orders placed by or under the same  customer account, the same credit card, and/or orders that use the same billing and/or  shipping address. In the event that we make a change to or cancel an order, we may attempt to  notify you by contacting the e-mail and/or billing address/phone number provided at the time  the order was made. 

Accuracy of information 

Occasionally there may be information on the Website that contains typographical errors,  inaccuracies or omissions that may relate to promotions and offers. We reserve the right to  correct any errors, inaccuracies or omissions, and to change or update information or cancel  orders if any information on the Website or Services is inaccurate at any time without prior  notice (including after you have submitted your order). We undertake no obligation to update,  amend or clarify information on the Website including, without limitation, pricing information,  except as required by law. No specified update or refresh date applied on the Website should  be taken to indicate that all information on the Website or Services has been modified or  updated. 

Third party services 

If you decide to enable, access or use third party services, be advised that your access and use  of such other services are governed solely by the terms and conditions of such other services,  and we do not endorse, are not responsible or liable for, and make no representations as to any  aspect of such other services, including, without limitation, their content or the manner in  which they handle data (including your data) or any interaction between you and the provider  of such other services. You irrevocably waive any claim against McLagan International, Inc with  respect to such other services. McLagan International, Inc is not liable for any damage or loss  caused or alleged to be caused by or in connection with your enablement, access or use of any  such other services, or your reliance on the privacy practices, data security processes or other  policies of such other services. You may be required to register for or log into such other  services on their respective platforms. By enabling any other services, you are expressly  permitting McLagan International, Inc to disclose your data as necessary to facilitate the use or  enablement of such other service. 


We perform regular backups of the Website and its Content and will do our best to ensure  completeness and accuracy of these backups. In the event of the hardware failure or data loss  we will restore backups automatically to minimize the impact and downtime. 

Links to other resources 

Although the Website and Services may link to other resources (such as websites, mobile  applications, etc.), we are not, directly or indirectly, implying any approval, association,  sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated  herein. Some of the links on the Website may be “affiliate links”. This means if you click on the  link and purchase an item, McLagan International, Inc will receive an affiliate commission. We  are not responsible for examining or evaluating, and we do not warrant the offerings of, any  businesses or individuals or the content of their resources. We do not assume any  responsibility or liability for the actions, products, services, and content of any other third  parties. You should carefully review the legal statements and other conditions of use of any  resource which you access through a link on the Website and Services. Your linking to any  other off-site resources is at your own risk. 

Prohibited uses 

In addition to other terms as set forth in the Agreement, you are prohibited from using the  Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform  or participate in any unlawful acts; (c) to violate any international, federal, provincial or state  regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual  property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,  defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,  religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading  information; (g) to upload or transmit viruses or any other type of malicious code that will or  may be used in any way that will affect the functionality or operation of the Website and  Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext,  spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or  circumvent the security features of the Website and Services, third party products and services,  or the Internet. We reserve the right to terminate your use of the Website and Services for  violating any of the prohibited uses. 

Intellectual property rights 

“Intellectual Property Rights” means all present and future rights conferred by statute,  common law or equity in or in relation to any copyright and related rights, trademarks, designs,  patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to  use, and all other intellectual property rights, in each case whether registered or unregistered  and including all applications and rights to apply for and be granted, rights to claim priority  from, such rights and all similar or equivalent rights or forms of protection and any other  results of intellectual activity which subsist or will subsist now or in the future in any part of  the world. This Agreement does not transfer to you any intellectual property owned by  McLagan International, Inc or third parties, and all rights, titles, and interests in and to such  property will remain (as between the parties) solely with McLagan International, Inc. All 

trademarks, service marks, graphics and logos used in connection with the Website and  Services, are trademarks or registered trademarks of McLagan International, Inc or its  licensors. Other trademarks, service marks, graphics and logos used in connection with the  Website and Services may be the trademarks of other third parties. Your use of the Website and  Services grants you no right or license to reproduce or otherwise use any of McLagan  International, Inc or third party trademarks. 

Disclaimer of warranty 

You agree that such Service is provided on an “as is” and “as available” basis and that your use  of the Website and Services is solely at your own risk. We expressly disclaim all warranties of  any kind, whether express or implied, including but not limited to the implied warranties of  merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely,  secure, or error-free; nor do we make any warranty as to the results that may be obtained from  the use of the Service or as to the accuracy or reliability of any information obtained through  the Service or that defects in the Service will be corrected. You understand and agree that any  material and/or data downloaded or otherwise obtained through the use of Service is done at  your own discretion and risk and that you will be solely responsible for any damage or loss of  data that results from the download of such material and/or data. We make no warranty  regarding any goods or services purchased or obtained through the Service or any transactions  entered into through the Service unless stated otherwise. No advice or information, whether  oral or written, obtained by you from us or through the Service shall create any warranty not  expressly made herein. 

Limitation of liability 

To the fullest extent permitted by applicable law, in no event will McLagan International, Inc,  its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person  for any indirect, incidental, special, punitive, cover or consequential damages (including,  without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on  business, business interruption, loss of anticipated savings, loss of business opportunity)  however caused, under any theory of liability, including, without limitation, contract, tort,  warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been  advised as to the possibility of such damages or could have foreseen such damages. To the  maximum extent permitted by applicable law, the aggregate liability of McLagan International,  Inc and its affiliates, officers, employees, agents, suppliers and licensors relating to the services  will be limited to an amount greater of one dollar or any amounts actually paid in cash by you  to McLagan International, Inc for the prior one month period prior to the first event or  occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy  does not fully compensate you for any losses or fails of its essential purpose. 


You agree to indemnify and hold McLagan International, Inc and its affiliates, directors, officers,  employees, agents, suppliers and licensors harmless from and against any liabilities, losses,  damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising 

from any third party allegations, claims, actions, disputes, or demands asserted against any of  them as a result of or relating to your Content, your use of the Website and Services or any  willful misconduct on your part. 


All rights and restrictions contained in this Agreement may be exercised and shall be applicable  and binding only to the extent that they do not violate any applicable laws and are intended to  be limited to the extent necessary so that they will not render this Agreement illegal, invalid or  unenforceable. If any provision or portion of any provision of this Agreement shall be held to be  illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the  parties that the remaining provisions or portions thereof shall constitute their agreement with  respect to the subject matter hereof, and all such remaining provisions or portions thereof shall  remain in full force and effect. 

Dispute resolution 

The formation, interpretation, and performance of this Agreement and any disputes arising out  of it shall be governed by the substantive and procedural laws of District of Columbia, United  States without regard to its rules on conflicts or choice of law and, to the extent applicable, the  laws of United States. The exclusive jurisdiction and venue for actions related to the subject  matter hereof shall be the courts located in District of Columbia, United States, and you hereby  submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in  any proceeding arising out of or related to this Agreement. The United Nations Convention on  Contracts for the International Sale of Goods does not apply to this Agreement. 


You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or  obligations hereunder, in whole or in part, without our prior written consent, which consent  shall be at our own sole discretion and without obligation; any such assignment or transfer  shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole  or in part, to any third party as part of the sale of all or substantially all of its assets or stock or  as part of a merger. 

Changes and amendments 

We reserve the right to modify this Agreement or its terms relating to the Website and Services  at any time, effective upon posting of an updated version of this Agreement on the Website.  When we do, we will revise the updated date at the bottom of this page. Continued use of the  Website and Services after any such changes shall constitute your consent to such changes. 

Acceptance of these terms 

You acknowledge that you have read this Agreement and agree to all its terms and conditions.  By accessing and using the Website and Services you agree to be bound by this Agreement. If 

you do not agree to abide by the terms of this Agreement, you are not authorized to access or  use the Website and Services. 

Contacting us 

If you would like to contact us to understand more about this Agreement or wish to contact us  concerning any matter relating to it, you may do so via the contact form. This document was last updated on May 20, 2020