Terms of Use

Effective Date: March 1, 2023

These are the Terms of Use for MAC Engineering & Equipment Company, Inc. and its affiliates and subsidiaries. The Terms of Use apply when you visit our website at https://www.mac-eng.com/ (our “website”), interact with us, or use any and all of MAC Engineering’s products and services (collectively, our “services”). Please read these Terms carefully, as your use of our website or any of our services is governed by these Terms, together with our Privacy Policy and any other documents expressly incorporated by reference.

Table of Contents

    1. Use of the Website
    2. Changes to the Terms
    3. Your Representations & Warranties to MAC Engineering
    4. Access and Conditions of Use
    5. Intellectual Property
    6. Third-Party Websites
    7. Communication
    8. Third-Party Advertising & Marketing
    9. Indemnity and Release
   10. Disclaimer of Warranties Related to our Services
   11. Limitation of Liability
   12. Arbitration
   13. General
   14. Contact Us

Use of the Website

Your use of the website constitutes your acceptance of the Terms.

By accepting the Terms through your use of the website, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the website. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.

Any person or entity who interacts with the website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the website.

Please be aware that these Terms constitute a binding legal agreement between you and MAC Engineering outlining your legal rights, obligations, and remedies arising from your use of our services. You agree you are responsible for your use of our services and any consequences resulting from your use of our services. You may use our services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Your Representations & Warranties to MAC Engineering

By using our services, you represent, warrant, and agree:

  1. You meet all age and eligibility requirements expressed in these Terms;
  2. You will only use our services for lawful purposes, and you will not use our services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
  3. You will not use our services to cause nuisance, annoyance or inconvenience;
  4. You will not impair the proper operation of our services or any network which is used to support or access our services or not try to harm the operation of our services in any way whatsoever;
  5. You will not copy, or distribute any content contained within our services without written permission from MAC Engineering;
  6. You will only use our services for your own use and will not resell any aspect of our services to a third party;
  7. You own or control all rights in and to any information or property shared with us, and have the right to grant the license granted above to us and our respective licensees, successors, and assigns.
  8. You will provide us with whatever proof of identity we may reasonably request;
  9. You have not previously been suspended or removed from our services; and
  10. Your use of our services is in compliance with any and all applicable laws and regulations.

Access and Conditions of Use

MAC Engineering reserves the right to modify or discontinue, temporarily or permanently, our services with or without notice.

You may use our websites and services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our websites to:

  1. In any way that violates any applicable federal, state, local, or international law or regulation;
  2. For the purpose of exploiting, harming minors;
  3. To transmit any advertising or spam material;
  4. To impersonate MAC Engineering or any person or entity associated with MAC Engineering;
  5. To engage in any other conduct that challenges anyone’s use or enjoyment of the websites.

Additionally, you agree not to:

  1. Use any device, software, or routine that interferes with the proper working of the websites, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  2. Attempt to gain unauthorized access to the websites;
  3. Attack or attempt to interfere with the proper working of the websites.

MAC Engineering reserves the right to investigate and take appropriate legal action against anyone who, in MAC Engineering’s sole discretion, violates these Terms, including without limitation, removing the offending content from our services, suspending or terminating the use of the websites of such violators and reporting you to the law enforcement authorities.

Intellectual Property

Service content, Software and Trademarks: You acknowledge and agree that our services may contain content or features (“service content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by MAC Engineering, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our services or any service content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our services. You may not access our services through robots, scraping tools or similar data-gathering or extraction methods.

The MAC Engineering name and logos are trademarks and service marks of MAC Engineering (collectively the “MAC Engineering Trademarks”). Other company, product, and service names and logos used and displayed via our services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to MAC Engineering. Nothing in these Terms or in our services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of MAC Engineering Trademarks displayed through our services, without our prior written permission in each instance. All goodwill generated from the use of MAC Engineering Trademarks will inure to our exclusive benefit.

Third-Party Material: Under no circumstances will MAC Engineering be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that MAC Engineering does not have a duty to pre-screen content, but that MAC Engineering and its designees will have the right in their sole discretion to refuse or remove any content that is available via our services. This includes the right to remove any content that violates these Terms or is deemed by MAC Engineering, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Feedback Transmitted Through Our Services: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our services (“feedback”), provided by you to MAC Engineering is non-confidential, and MAC Engineering will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that MAC Engineering may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of MAC Engineering, its users and the public. You understand that the technical processing and transmission of our services, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Websites

Our services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. MAC Engineering has no control over such sites and resources and MAC Engineering is not responsible for and does not endorse such sites and resources.

Communications

As part of your use of our services, you may consent to receive email or other electronic notifications from MAC Engineering. You may opt-out of receiving certain notifications in association with our services by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain services announcements or notifications even if you have opted-out from other messages.

Third-Party Advertising & Marketing

MAC Engineering may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our services, and via other mechanisms to provide such materials to you outside of our services such as on third-party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from MAC Engineering and our partners. If you do not wish to receive such advertising, you may notify at privacy@mac-eng.com
MAC Engineering may compile and release information regarding you and your use of our services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our services.

Indemnity and Release

You agree to release, indemnify, and hold harmless MAC Engineering, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of websites, your violation of these Terms, or your violation of any rights of another.

Disclaimer of Warranties Related to our Services

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAC ENGINEERING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MAC ENGINEERING MAKES NO WARRANTY THAT (I) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MAC ENGINEERING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAC ENGINEERING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL MAC ENGINEERING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MAC ENGINEERING IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.

Arbitration

At MAC Engineering’s or your election, all disputes, claims, or controversies arising out of or relating to these Terms or our services that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association. Notwithstanding the foregoing, MAC Engineering reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the content of our services, breach of your confidentiality obligations, or any other violations of these Terms.

General

These Terms and the Privacy Policy constitute the entire agreement between you and MAC Engineering and govern your use of our website and services, superseding any prior agreements between you and MAC Engineering with respect to our website. These Terms will be governed by the laws of Michigan without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and MAC Engineering agree to submit to the personal and exclusive jurisdiction of the local courts located in Berrien County, Michigan and the federal courts located in the United States District Court for the Western District of Michigan.

We may update or change these Terms from time to time. We will post the changes on our website and will indicate the effective date. Your continued use of our website or our services after the date of any such changes become effective constitutes your acceptance of these Terms.

Please note that when using certain services, you may be subject to any additional terms applicable to such services that may be posted on our websites or otherwise made available from time to time.

The failure of MAC Engineering to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

MAC Engineering may assign or transfer this Terms, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on our services.

Contact Us

MAC Engineering Headquarters Address:

2775 Meadowbrook Road
Benton Harbor, MI 49022

privacy@mac-eng.com

+1 269-925-3295