Terms of Service

TERMS OF USE | OWNERSHIP | LINKING | DISCLAIMER | LIMITATION OF LIABILITY | SUBMISSIONS | TERMINATION |
CONTRACT INTERPRETATION | INDEMNITY | DISPUTE RESOLUTION

TERMS OF USE

Hello and welcome to mcdougal.com. (referred to as "McDougal Companies," "we," "us," or "our"). Please read the following terms and conditions of use you must follow if you choose to use this site. By using this site, you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations, including United States and international Copyright and Trademark laws. This acceptance also includes the terms, conditions, and restrictions contained in any other agreement associated with the Content throughout our site. We reserve the right to change, modify, add or remove portions of this agreement, site content, and the accessibility of this site at any time and for any reason without prior notice. Please check these terms periodically for any changes which may take place. You agree that each time you visit this site, you shall be subject to and bound by the current terms of this agreement. Unless otherwise specified this site is managed, controlled, and operated from the offices of the McDougal Companies within the State of Texas, in the United States of America. McDougal Companies makes no representations that materials in this site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local and national laws, if and to the extent local and national laws are applicable.

OWNERSHIP

McDougal Companies is the sole owner and operator of this site. All photographs, illustrations, images, text, and software (referred to as "Content") on this site are the property of McDougal Companies. All Content on this site is copyrighted as a collective work and/or compilation pursuant to applicable copyright laws, and is protected by law in the United States and internationally, including worldwide copyright laws. No photography, art, or product may be copied, modified, reproduced, republished, uploaded, posted, transmitted, distributed, transferred, sold, or displayed in any manner or form, in whole or part, except as explicitly provided below. Modification of the above mentioned or use of them for any purpose other than those purposes explicitly permitted below is a violation of the copyright and/or other proprietary rights of McDougal Companies.

LINKING

You may use the logo of McDougal Companies as the prompt for "hot" links from other sites to this site, provided that any such hot link explicitly is conditioned on the user's understanding and agreement that entry into this site, in every instance, is subject to all the terms and conditions of this agreement. All linking to this site must in every instance be directed to the home page of this site. In no instance is linking permitted directly to locations embedded within the site. McDougal Companies reserves the right to revoke this limited license to use our logo for purposes of hot linking to this site and may revoke any authority to link to this site at any time and under any conditions deemed appropriate by us, in its sole discretion. In the event of such revocation, the linking party shall remove the hypertext link to the website within five (5) days of such revocation. Any such revocation shall be effective upon notification McDougal Companies. The indemnity provisions set forth below applies to any linked site, and any person or entity linking to this site shall indemnify and hold harmless McDougal Companies from any claim arising from or relating to the linked site.

DISCLAIMER

This site contains links to other sites on the Internet which are not maintained by McDougal Companies. These sites are provided as a courtesy to users of our site. While we try to include links only to those sites which are in good taste and safe for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this site does not imply our endorsement of the linked site. If you decide to access linked third-party sites, you do so at your own risk, and are responsible for being familiar with and reviewing the terms of use for any linked site. McDougal Companies disclaims and forever waives any and all responsibility for the contents of any site hot linked to this site, and assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this site or any linked site or any downloading of a linked site.

THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. MCDOUGAL COMPANIES WILL MAKE REASONABLE EFFORTS TO INCLUDE ACCURATE, UP-TO-DATE INFORMATION ON THIS SITE. HOWEVER, THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS" AND "WITH ALL FAULTS". MCDOUGAL COMPANIES MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. MCDOUGAL COMPANIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCDOUGAL COMPANIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MCDOUGAL COMPANIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that McDougal Companies is not liable for your defamatory, offensive, infringing or illegal material or conduct that of third parties, and McDougal Companies reserves the right to remove such material from this website without liability.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL MCDOUGAL COMPANIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFIT, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THIS EVENT THE LIABILITY OF MCDOUGAL COMPANIES SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SUBMISSIONS

McDougal Companies does not accept unsolicited submissions of creative ideas, suggestions, inventions, or materials other than those which we have specifically requested. Because of this, any creative suggestions, ideas, concepts, or other information we receive will become the property of McDougal Companeis. Any of the afore mentioned will not be subject to any obligation of confidence on the part of McDougal Companies, and we will not be liable for any use or disclosure of any information. We will own exclusively all now known or later discovered rights to the information and will be entitled to unrestricted use of the information for any purpose, commercial or otherwise, without compensation to you or any other person who submitted the information.

TERMINATION

McDougal Companies may terminate this license at any time if, in our sole discretion and judgment, you fail to comply with any term or provision of this agreement. Upon termination, you shall destroy any materials obtained from this site and all copies thereof, whether made under the terms of this agreement or otherwise.

CONTRACT INTERPRETATION

This agreement shall be governed by and construed in accordance with the laws of the State of Texas, irrespective of any applicable conflicts of law principles. If any provision of this agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and McDougal Companies relating to the subject of this site. You agree that no joint venture, partnership, employment or agency relationship exists between you and McDougal Companies as a result of this agreement or use of this site.

INDEMNITY

You agree to defend, indemnify, and hold harmless McDougal Companies, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fee, arising from your use of the materials on this site, including any use of the e-card, or your breach of the terms of this agreement. McDougal Companies shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in McDougal Companies’ discretion, in defending any such claim, suit, or proceeding.

DISPUTE RESOLUTION

You are bound by this agreement when you access our site and until you have destroyed all Content that you have downloaded or copied from our site, you are, in addition, bound by this agreement whether you downloaded or copied the Content under the terms of this agreement or otherwise. Any dispute arising with respect to this agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Lubbock County in the state of Texas. You expressly waive any right to pursue any claim against McDougal Companies relating to this agreement in any forum or venue located outside Texas. In the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Texas, at The McDougal Companies' sole discretion. In no event shall you be entitled to injunctive or other equitable relief. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

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