Terms and Conditions

General

The Terms of Use (the “Terms of Use”) govern your use of the website owned by MCNALLY INTERNATIONAL, INC. (“McNally International”) accessible at www.mcnallycorp.com (the “Website”).  By using the Website, you agree to the Terms of Use as they may be amended from time to time.

1.         Right to Use and Restrictions on Use.

  • 1.1       Right to Use. McNally International grants you a revocable, non-exclusive, nontransferable right to access and use the Website for your personal purposes.
  • 1.2      Restrictions on Use.  You shall use the Website strictly in accordance with the terms of this Terms of Use and Privacy Policy and shall NOT: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt any software used to operate the Website or create derivative works of such software, any updates, or any part thereof; copy (except as expressly permitted by the Terms of Use), (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from such software; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Website; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of any software to implement the Website; (v) use any name, address or other information obtained through the Website for the purpose of issuing solicitation materials without the prior consent or expression of interest by the receiving party; (vi) use the Website for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (vii) use the Website for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by McNally International; (viii) use the Website to send automated queries to any website or to send any unsolicited commercial e-mail; or (ix) use any proprietary information or interfaces of McNally or other intellectual property of McNally International in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Website.  Any attempt to do so is a violation of the rights of McNally International.  If you breach this restriction on the use of the Website, your access privileges to the Website may be immediately withdrawn and you may be subject to prosecution and damages, resulting in severe civil and criminal penalties.  McNally International reserves the right to prosecute any such violation to the maximum extent possible.  The Terms of Use will govern any software upgrades provided by McNally International that replace and/or supplement the original Website, unless such upgrade is accompanied by a separate right to use in which case the terms of that license will govern.

2.         DISCLAIMER OF WARRANTIES

MCNALLY INTERNATIONAL DOES NOT GUARANTEE OR WARRANTY THAT THE MCNALLY INTERNATIONAL WEBSITE WILL PERFORM ERROR-FREE OR UNINTERRUPTED OR THAT MCNALLY INTERNATIONAL WILL CORRECT ALL OPERATION ERRORS THAT MAY OCCUR IN USE.

YOUR EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT BY MCNALLY INTERNATIONAL AND MCNALLY INTERNATIONAL’S ENTIRE LIABILITY SHALL BE:  (A) THE CORRECTION OF PROGRAM ERRORS THAT MAY OCCUR IN USE OR OPERATION OF THE MCNALLY INTERNATIONAL WEBSITE.

TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3.         Limitation of Liability

MCNALLY INTERNATIONAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR DATA USE.  MCNALLY INTERNATIONAL’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE MCNALLY INTERNATIONAL WEBSITE, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF THE FEES YOU PAID MCNALLY INTERNATIONAL UNDER THIS AGREEMENT.

4.         Your Consent

By accessing and/or downloading any materials from the Website, you consent and agree to the Terms of Use and the Privacy Policy.

5.         Changes to this Right to Use and/or Privacy Policy

McNally International may revise the Terms of Use and/or Privacy Policy at any time by updating this posting. If any term, condition, or provision in the Terms of Use and/or Privacy Policy is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

6.        Contacting Us

If there are any questions regarding these Terms of Use and/or Privacy Policy you may contact us using the information below.

1855 Barton Street East
Hamilton, ON L8H 2Y7

Phone: (905) 549-6561
Fax: (905) 549-3548