Last updated: February 17, 2021
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, ARBITRATION CLAUSE, AND CLASS ACTION WAIVER (SEE SECTIONS 10-17).
1. ELIGIBILITY. The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least 18 years of age, or over the age of majority in the state or country where you are a resident or citizen.
2. ADDITIONAL TERMS. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms. Certain features of the Services (“Additional Services”) may be subject to additional terms (“Additional Terms”) presented within the Services. You must agree to any applicable Additional Terms before using those Additional Services. Unless otherwise specified in any Additional Terms, Additional Terms supplement and are incorporated into these Terms. If you do not agree to Additional Terms, you may not use the Additional Services. If any of the Additional Terms are inconsistent with these Terms, the Additional Term will apply only for those Additional Services.
3. ACCOUNT REGISTRATION. Access to and use of Services may require you to register for a user account (“Account”) with us. If you register for an Account, you will create a user ID and password. You must provide us with accurate, complete, and current information during Account registration and at all other times and update all information provided to us so that remains accurate at all times. You agree to keep your Account user ID and password (“Credentials”) confidential and not provide them to or allow any third party to use your Credentials or Account. You are solely responsible for all use of your Account and your Credentials, whether it occurs with or without your knowledge. You agree that we may attribute all use of your Account and Credentials to you. You agree to notify us immediately at email@example.com if you suspect any unauthorized use of your Account or Credentials or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your Account for any reason or for no reason at any time, as determined in our sole discretion.
4. PERMITTED USE. All information, materials, and other content available through the Services (collectively, the “Content”) is the sole and exclusive property of McGregor or its licensors. Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your own internal business purposes. Except as set forth in this Section, you may not download, copy, duplicate, sell, print, rent, lease, issue, distribute, transmit, broadcast, modify, perform, display, transfer, upload, post, create derivative works of, exploit, sublicense or otherwise assign to any third party the Services or Content. You must not:
• remove any proprietary notices on the Services or Content, or attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management, authentication, or security system used as part of the Services or Content or any host, network, system, or account related thereto;
• interfere with or disrupt the proper functioning of the Services or Content or any networks or systems of McGregor or used to host or provide the Services;
• infringe, misappropriate, or violate the intellectual property, proprietary or privacy rights of any third party;
• use of the Services or Content for any purpose or in any manner that is unlawful or violates any applicable local, state, national, international or foreign law;
• provide any content, data or information to McGregor that contains viruses or malicious code or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or right of publicity, hateful, or racially, ethnically or otherwise objectionable;
• provide to McGregor or through the Services information of others that you are not authorized to provide;
• use the Services or Content to develop applications, services, websites, or any other functionalities that leverage the Services or Content;
• communicate the Content to the public, provide or make available any links, hypertext (Universal Resource Locator (URL) address) or otherwise grant access (other than a “bookmark” from a web browser) to the Services, or any part thereof;
• use the Services or Content in a way that suggests you are a representative of McGregor; or
• cause damage to McGregor’s business, reputation, employees, members, facilities, or to any other person or legal entity.
Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content may, in our sole discretion, result in immediate suspension or termination of your access to the Services, Content, your Credentials, or your Account. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.
5. OWNERSHIP AND INTELLECTUAL PROPERTY. The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of McGregor used herein are trademarks or registered trademarks of McGregor, our affiliates, or suppliers. You may not use any of our trademarks, logos, or trade dress without our express written consent.
6. USER CONTENT. McGregor may, from time-to-time, offer areas in the Services where you and other users can share ideas, comments, opinions or other information or materials (collectively, “User Content”). McGregor does not control and is not responsible or liable for any User Content submitted by you or other users of the Service. You acknowledge, represent, and agree that all User Content submitted through your Account (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that McGregor will not treat it as such. McGregor does not claim ownership of User Content. However, you grant to McGregor a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease, or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content. McGregor is under no obligation to post User Content on the Site and may, in its discretion, screen, monitor, edit, block, refuse to post, or remove any User Content (including Your Content) at any time without notice. You are responsible for your User Content. You also authorize McGregor to install, implement, manage, and operate one or more software, monitoring, or other solutions designed to assist in identifying and tracking User Content and violations of these Terms.
By submitting Your Content, you represent, covenant, and warrant that:
• Your Content is true and accurate;
• You have all rights (including intellectual property rights) necessary to grant the rights in this Section to Your Content;
• Your Content does not violate the privacy, publicity, intellectual property, other rights or agreement of McGregor or any other person or entity and does not and will not violate any applicable law.
MCGREGOR TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER MATERIALS CONTAINED IN USER CONTENT. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR CONTENT. ALL USER CONTENT IS NON-CONFIDENTIAL AND NON-PROPRIETARY.
7. USER FEEDBACK. If you provide us any ideas, feedback, or suggestions regarding the Services, Content, or any products or Services of McGregor (“Feedback”), you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information of you or any third party; (b) we are not under any obligations of confidentiality with respect to the Feedback; (c) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (d) you are not entitled to any compensation of any kind from us.
8. LINKS TO OTHER WEBSITES AND SERVICES. The Services may contain links to other websites and services that we think may interest you (collectively, “Linked Services”). Linked Services are not under the control of McGregor and McGregor is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by McGregor of the Linked Services or any association with the operators of the Linked Services. McGregor does not investigate, verify or monitor the Linked Services. McGregor provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
10. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. MCGREGOR DOES NOT WARRANT THAT THE SERVICES OR CONTENT CONTAINS ACCURATE INFORMATION OR WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. MCGREGOR AND ITS AFFILIATES, SELLERS AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS CANNOT CHANGE. IN PARTICULAR, TO THE EXTENT LOCAL LEGISLATION IMPLIES STATUTORY TERMS WHICH CANNOT BE EXCLUDED, THOSE TERMS ARE DEEMED INCORPORATED INTO THIS DOCUMENT BUT MCGREGOR’S LIABILITY FOR A BREACH OF THOSE STATUTORY IMPLIED TERMS IS LIMITED IN ACCORDANCE WITH SECTIONS 11 (DISCLAIMER OF CERTAIN DAMAGES) AND 12 (LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES) TO THE EXTENT PERMISSIBLE UNDER THAT LEGISLATION.
11. DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL MCGREGOR OR ANY OF ITS AFFILIATES, SELLERS, OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL; SPECIAL; INCIDENTAL; INDIRECT; PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THE SERVICES, THE CONTENT, OR THESE TERMS, EVEN IF MCGREGOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIONS 10 (DISCLAIMER OF WARRANTIES) OR 11 (DISCLAIMER OF CERTAIN DAMAGES) MCGREGOR’S AND ITS SUPPLIERS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THE SERVICES, THE CONTENT, OR THESE TERMS WILL BE THE US$500.0. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER THESE TERMS OR RELATED TO THE SERVICES OR CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES.
13. IMPORTANT NOTICE REGARDING LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN DAMAGES SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN THESE TERMS WILL BE INTERPRETED AS EXCLUDING LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU LIVE OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS ANY STATUTORY ENTITLEMENT AVAILABLE TO YOU WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
14. INDEPENDENT REMEDIES. The exclusion of damages under Section 11 (Disclaimer of Certain Damages) is independent of your exclusive remedy in Section 12 (Limitation of Liability and Exclusive Remedies) and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 11 and 12 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
15. INDEMNIFICATION. To the maximum extent allowed by applicable law, you agree to defend, indemnify, and hold harmless McGregor, its directors, officers, employees, agents, partners, suppliers, affiliates, and licensors (“Indemnified Parties”), from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees and costs, whether in tort, contract or otherwise (“Claims”), relating to, arising from, or allegedly arising from (a) your use of the Services and the Content; (b) activities occurring under your Account; (c) any violation of these Terms; (d) Your Content; and (e) your violation of any other party’s rights or applicable law.
16. GOVERNING LAW; DISPUTE RESOLUTION. These Terms will be governed by and construed in accordance with the laws of the state of Washington, USA. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and McGregor will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution before pursuing a claim in accordance with Section 17 (Agreement to Arbitrate and Class Action Waiver). Notice to McGregor will be sent to as specified in Section 24 (Notices). McGregor will notify you in writing at the email or mailing address that you provide to us in your notice to us or in your Account profile information. You and McGregor each agree to negotiate disputes and claims in good faith. If the parties are unable to resolve the dispute or claim within 60 days after either McGregor receives your notice or we mail notice to you, you and McGregor agree that each may pursue the dispute or claim in accordance with the processes outlined in Section 17 (Agreement to Arbitrate and Class Action Waiver). NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IF FOR ANY REASON, ANY CLAIM OR CAUSE OF ACTION, OR ANY PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY A PARTY AGAINST THE OTHER PARTY, BASED UPON, ARISING OUT OF, OR RELATED TO THE SERVICES, CONTENT, OR THESE TERMS, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS, OR OTHERWISE, PROCEEDS IN FEDERAL OR STATE COURT, THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY. THIS WAIVER APPLIES TO ANY ADDITIONAL TERMS, SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS, OR MODIFICATIONS TO THESE TERMS.
17. AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER. YOU AND MCGREGOR EACH AGREE THAT ALL CLAIMS AND DISPUTES ARISING OUT OF, OR RELATED TO, THE SERVICES, CONTENT, OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION BY A SINGLE NEUTRAL ARBITRATOR OR, IF THE CLAIM QUALIFIES, IN SMALL CLAIMS COURT. YOU AND MCGREGOR ALSO AGREE THAT THESE TERMS AFFECT INTERSTATE COMMERCE, SO THE FEDERAL ARBITRATION ACT APPLIES, INCLUDING WITH RESPECT TO ANY QUESTION OF WHETHER A CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION (DESPITE THE CHOICE OF GOVERNING LAW IN SECTION 16 (GOVERNING LAW; DISPUTE RESOLUTION). YOU AND MCGREGOR EACH AGREE TO ONLY PURSUE ARBITRATION ON AN INDIVIDUAL BASIS AND WILL NOT PURSUE ARBITRATION IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE BASIS, REGARDLESS OF THE APPLICATION OF PROCEDURAL RULES BY ANY ARBITRATOR. IF ANY COURT OR ARBITRATOR HOLDS THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE DISPUTE MUST BE BROUGHT IN A STATE OR FEDERAL COURT. YOU AND MCGREGOR AGREE THAT THE LOCATION OF THE ARBITRATION OR COURT WHERE THE DISPUTE WILL BE RESOLVED WILL BE LOCATED IN WHITMAN COUNTY, WASHINGTON. YOU AND MCGREGOR EACH ALSO AGREE THAT FOR ARBITRATED CLAIMS, THE ARBITRATOR’S AWARD WILL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. The American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. You and McGregor each are responsible for its own respective costs relating to the arbitration. An arbitrator may award on an individual basis any relief authorized by law, including injunctive or declaratory relief and attorneys’ fees. If you are unable to resolve the dispute after following the process in Section 16 (Governing Law; Dispute Resolution), and you would like to arbitrate, to begin arbitration you must send a letter requesting arbitration and describing your claim to following the requirements in Section 24 (Notices).
18. CHANGES TO TERMS. McGregor reserves the right to change these Terms at any time upon notice to you which may be provided any legally permissible means including by (a) updating these Terms and posting them on the Service; or (b) emailing the address you provided in your Account. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at https://mcgregor.com/about/terms-of-use. Updated Terms are binding on you as of the effective date indicated in our notice. Your continued use of the Service after the effective date indicates your acceptance of the updated Terms, even if you have not reviewed them. If, at any time, you do not agree to the Terms, do not use the Service.
19. TERMINATION. You may terminate the Services or your use of the Services at any time. We may suspend or terminate the Services and terminate these Terms, in our sole and absolute discretion at any time and take whatever action we deem necessary to preserve the integrity of the Services and Content. Termination will not limit any of McGregor’s rights or remedies. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 23, 24, and 25 will survive termination.
20. DMCA COPYRIGHT NOTICE AND TAKEDOWN POLICY. If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (c) your contact information including address, telephone number and email address; (d) a written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright agent at: Copyright Manager, The McGregor Company, 401 Colfax Airport Road, Colfax, WA 98111-0740, Copyrightmanager@mcgregor.com, (509) 397-4355 x4357.
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services is infringing, we suggest that you contact an attorney prior to sending notice.
21. NOTICE TO CALIFORNIA RESIDENTS. BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.2), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
The McGregor Company
401 Colfax Airport Road
P.O. Box 740
Colfax, WA 99111-0740
If you have any further questions, the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. INTERNATIONAL USE. Please be aware that we are headquartered in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
McGregor makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where the Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.
If you use the Services or access the Content outside of the United States you, (a) consent to the transfer, storage, and processing of your information to and in the United States; (b) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (c) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services or Content. The Services and Content are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject McGregor or its affiliates to any registration requirement within such jurisdiction or country.
23. FORCE MAJEURE. We are not liable or responsible to you and will not be in default or breach for any failure or delay in our performance when a failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
24. GENERAL TERMS. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and McGregor intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and McGregor agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” McGregor may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. McGregor’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on McGregor if it is in a written document signed by McGregor. Both you and McGregor warrant to each other that, in entering these Terms, neither McGregor nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and McGregor, or McGregor’s successors and permitted assigns, will have any right to enforce any of these Terms. These Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of these Terms.
25. Notices. McGregor may give you all notices (including legal process) that McGregor is required to give by any lawful method, including by posting notice on the Services or by sending it to any email or mailing address that you provide to McGregor. You agree to provide current and accurate contact information to McGregor and to check for notices posted on the Services. You agree to send McGregor any notice (except for notices described in Section 20) by mailing it to:
The McGregor Company
P.O. Box 740
Colfax, WA 99111-0740