Here at The Macomb Group, customer service and your satisfaction is our first priority. We commit to using quality products at consistently competitive pricing with on time, every time deliveries to guarantee "Customer Satisfaction." We appreciate your business and in order to deliver on our commitment to Customer Satisfaction, we need to lay out the terms of our services and your use of the services, which we do below.
Please review these Terms carefully. Your access to and use of the website located at www.macombgroup.com, our web-enabled applications and our other online services (together the “Macomb Group Services”), and the features and functions of the Macomb Group Services are subject to these Terms and any additional policies, terms, conditions, policies and notices referenced herein or linked from the Macomb Group Services (“Terms”). The Macomb Group Services are provided by The Macomb Group, Inc. (“Macomb Group”, “us” or “we”). By accessing or using the Macomb Group Services and/or submitting information to us, you agree to and are bound by all of the Terms.
From time to time we may update these Terms. We will notify you of significant updates but you also agree to review these Terms periodically to ensure that you are familiar with the terms in the most recent version. If you continue to use Macomb Group Services, you agree to any updates.
We may, in our sole discretion, change or discontinue functionality of the Macomb Group Services, which may prevent your use of all or portions of the Macomb Group Services. You agree that you do not have any rights in the Macomb Group Services and that we have no liability to you for any discontinuation of service, your inability to access the Macomb Group Services or any content that might be lost in connection with a change to Macomb Group Services.
To offer you the most up to date information, we may link to or extract information from third party applications or sources. However, we do not control those sources and are not responsible for their contents so we do not warrant the accuracy of information contained within or provided by the Macomb Group Services. You assume the risk that the information on the Macomb Group Services may be old, incomplete or inaccurate, or may not meet your requirements. To keep the Macomb Group Services as current as possible, we may add, change, remove or otherwise update content or features without notice and without liability.
We grant you a limited license to access and use the Macomb Group Services subject to these Terms. The Macomb Group Services are intended for users in the United States so your use or access to the Macomb Group Services in certain countries may not be lawful. We make no representation that the Macomb Group Services are appropriate for use outside the United States and if you access the Macomb Group Services from outside the United States, you do so at your own risk. Further, it is your responsibility to comply with laws or regulations of any other country that may be applicable to your use of the Macomb Group Services.
When you use the Macomb Group Services you will not use any feature of the Macomb Group Services for any purpose that is unlawful, abusive or otherwise offensive, as determined in our sole discretion. Further, you will not upload or otherwise transmit to us any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Any and all content on the Macomb Group Services that is provided by us or our third party licensors or service providers ("Macomb Group Content") is our property or property licensed to us for use in connection with the Macomb Group Services. Please be aware that your reuse of any portion of Macomb Group Content may not be permitted because of U.S. or international laws protecting the intellectual property rights of such content.
When using the Macomb Group Services, you agree to use Macomb Group Content and the Macomb Group Services in connection with bona fide business transactions. Any other use is misuse and will not be permitted. Further, you cannot use the Macomb Group Services or the Macomb Group Content in a way that might result in confusion or in a manner that disparages or discredits us, our business or our licensors or infringes on our intellectual property rights or that of our licensors.
If you believe that the Macomb Group Services or the Macomb Group Content contains a trademark or copyright that you have rights to and those rights are being violated, please follow the procedures set forth in our DMCA Compliance Policy.
The Macomb Group Services may suggest products or create cross-reference comparisons or product alternatives for your convenience. None of these suggestions, cross-references or comparisons mean or are intended to suggest that the products suggested or compared are available or appropriate substitutes. Please note that ALL CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS SUBSTITUTES OR PERFORMANCE EQUIVALENTS in any manner. Please review all product specifications and verify, using your own judgment and expertise that, prior to your purchase of any products from us, that the products are suitable for their intended use.
Certain aspects of the Macomb Group Services allow you to submit orders, documents, reviews, media, comments, feedback and certain other materials ("User Content"). By using these features, you agree that you will not post, upload or submit any content that is unlawful, objectionable or inappropriate, which is up to us to determine in our sole discretion. You also agree that you will not:
Your use of the Macomb Group Services does not provide you with any ownership rights in any account or data you create in connection with your use of the Macomb Group Services. We may terminate or suspend your account and delete all of your User Content any time and for any reason, and without notice, including if we decide that your use of the Macomb Group Services violates these Terms. We have no liability to you if we delete any User Content and in connection with deletion of the User Content, we may permanently restrict your access to the Macomb Group Services.
By displaying, publishing, or otherwise posting, uploading or submitting any User Content through the Macomb Group Services, you hereby grant us a non-exclusive, sub-licensable, transferrable, worldwide, paid up, royalty free license to use, modify, display, reproduce, and distribute such User Content in any way. You should only submit photos that you have personally taken and only if they relate to bona fide business transactions. Our use of the User Content does not and will not require us to pay you or any third party or to seek permission from any third party. You represent and warrant that you own or license the User Content that you provide to us through your use of the Macomb Group Services and that you are able grant us the license detailed above. Our use of the User Content does not and will not violate the rights of any person or entity.
Despite the license to us above, you retain all ownership rights in your User Content, and you may still use the User Content in any way you choose as long as the use is consistent with these Terms.
The Macomb Group Services includes third party technology, including software, applications, and links to third party websites (“Technology”) in order to help deliver content and services. We do not make any representation regarding the Technology and to the extent applicable, your use of such third party Technology is subject to these Terms as well as the additional terms and conditions as specified in our Terms of Sale.
You agree to indemnify, defend and hold us, our affiliates, subsidiaries, officers, employees, and contractors, and each of their officers, employees and agents, harmless from any claims, damages, costs and expenses, including reasonable attorneys' fees, related to your violation of the Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to us or via the Macomb Group Services.
We make no representations about the functionality of the Macomb Group Services or any User Content. We disclaim all liability in the event of any failure of the Macomb Group Services. You acknowledge that any reliance on such material or systems will be at your own risk. You acknowledge and agree that any use or reliance on data provided by the Macomb Group Services, especially related to product relationships, is at your own risk and you are solely responsible for any such use or reliance. You will not act in any way or disseminate any material that suggests an endorsement by us without our prior written approval.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE MACOMB GROUP OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL WE OR OUR LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR OR OUR LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL WE, OUR AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Some parts of the Macomb Group Services contain links to (or are linked to) other sites which are not maintained by us. While we try to vet those other sources, we are not responsible for the content of or policies or practices employed by those third parties and we have no liability for the practices of those sites. Additionally, we disclaim any liability for links from another site to the Macomb Group Services.
Trademarks, trade names, product names and logos (the “Trademarks”) contained in Macomb Group Services or used by us are our Trademarks and all use is subject to our consent. Further, other Trademarks that might appear within the Macomb Group Services are subject to the intellectual property rights of their respective owners, and the use of all Trademarks inures to the benefit of the trademark owner so please do not reuse or repurpose any Trademarks without appropriate authorization.
These Terms are governed by and construed in accordance with the laws of the State of Michigan without regard to conflicts of laws principles. You hereby agree that disputes regarding these Terms will be subject to the courts located in Macomb County, Michigan. If any provision of these Terms is found to be unlawful, void or unenforceable, then that provision is severable and shall not affect the validity or enforceability of the remaining provisions of these Terms.
If we fail to act with respect to your breach of these Terms on any occasion, we are not waiving our right to respond to any other breaches.