Last updated May 5, 2020
AGREEMENT TO TERMS
USE OF THE SITE
The information provided on the Site is 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 which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
By using the Site, you represent and warrant that: (1) all information you upload or otherwise provide to McCoy’s will be true, accurate, current, and complete, and that you have all rights and permissions necessary to provide such information; (2) you will promptly update such information, including any registration information, if the information becomes incomplete or inaccurate; (3) you are (a) at least 18 years of age and have the legal capacity to be bound by these terms, or (b) you are at least 13 years of age and are accessing the Site under the supervision of a legal guardian who has agreed, on your behalf, to be bound by these Terms; (4) you are not, and will not, access the Site through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Site for any illegal or unauthorized purpose; (6) your use of the Site does not and will not violate any applicable law or regulation; and (7) you will not engage in any Prohibited Activities (as defined below) when using the Site.
If you provide any information that is untrue, inaccurate, not current, or incomplete, McCoy’s may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Otherwise, all rights in and to the Site, including the Content and the Marks are expressly reserved to McCoy’s and its suppliers and licensors.
You may be required to register with the Site to access certain information or functionality. If you choose to register, you agree to keep your password confidential and to be responsible for all use of your account and password, including any unauthorized use of your account and password. McCoy’s reserves the right to remove, reclaim, or change a username you select in our sole discretion, and are likely to do so (i) if your account is unused for an extended period of time, (ii) if you select a username that is inappropriate, obscene, or otherwise objectionable (in McCoy’s sole discretion), or (iii) otherwise violate any of these Terms.
McCoy’s endeavors to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, McCoy’s does not guarantee that the Content provided on the Site, including the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and McCoy’s cannot guarantee that items will be in stock. McCoy’s reserves the right to discontinue any products at any time for any reason. Prices for all products are subject to change, and McCoy’s reserves the right to change prices at any time.
PURCHASES AND PAYMENT
You agree to provide current, complete, and accurate purchase and account information for all purchases you make using the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that McCoy’s can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by McCoy’s. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping or delivery fees, and you authorize McCoy’s to charge your chosen payment provider for any such amounts upon placing your order. McCoy’s reserves the right to correct any errors or mistakes in pricing, even if McCoy’s has already requested or received payment.
McCoy’s reserves the right to refuse or cancel any order placed through the Site. McCoy’s may, in our sole discretion, limit or cancel quantities of product purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. McCoy’s reserves the right to limit or prohibit orders that, in McCoy’s sole judgment, appear to be placed by dealers, resellers, or distributors.
All purchases made using the Site are subject to McCoy’s Return Policy which McCoy’s recommends you review prior to making any purchases.
You may not access or use the Site for any purpose other than your personal, non-commercial use. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to engage in any of the following activities (the “Prohibited Activities”):
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Unless you are expressly permitted by McCoy’s, use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Attempt to impersonate another user or person or use the username of another user.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with McCoy’s or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit any content or information that (i) infringes an intellectual property right of a third party, including copyright, trade secret, or right of privacy or publicity; (ii) is offensive, obscene, threatening, libelous, defamatory, harassing, or that otherwise may give rise to civil or criminal liability; or (iii) includes personal or nonpublic information about a third party without their consent.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, McCoy’s, McCoy’s marks, or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
GUIDELINES FOR REVIEWS
McCoy’s may provide you with access to areas of the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
McCoy’s may accept, reject, or remove reviews in our sole discretion. McCoy’s has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by McCoy’s and do not represent McCoy’s opinions or the views or opinions of any of McCoy’s supplier’s, affiliates or other partners.
McCoy’s is not responsible for the content of any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute the review and all content relating to the review without any obligation to you.
THIRD-PARTY WEBSITES AND CONTENT
McCoy’s may maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although McCoy’s may perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that McCoy’s shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
TERM AND TERMINATION
If McCoy’s terminates or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, McCoy’s reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
McCoy’s reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, McCoy’s have no obligation to update any information on our Site. McCoy’s will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
In the event of any dispute arising in connection with these Terms or your use of the Site, (a “Dispute”), if you and McCoy’s are not able to resolve the Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Hays County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If the agreement to arbitrate is found to be illegal or unenforceable, then neither party will elect arbitration as a mechanism for dispute resolution with respect to any Dispute, and such Dispute shall be resolved in accordance with the preceding paragraph.
You agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to binding arbitration discussed above: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related
to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. McCoy’s reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MCCOY’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MCCOY’S MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND MCCOY’S WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. MCCOY’S DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MCCOY’S WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL MCCOY’S OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF MCCOY’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications McCoy’s provides to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
If you believe that any Content posted on the Site infringes your copyrights, you may request that McCoy’s remove such content by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) using the contact information provided below. Your notification should include the following information:
- Identification of the copyrighted work you believe to be infringed. Please describe the work and include a copy work you believe to be infringed. If possible, please include a copyright registration number associated with the work and a depiction or link to an authorized version or copy of the work.
- Identification of the Content that you believe is infringing. Please include a link to or picture of the portion of the Site that includes the purportedly infringing content in sufficient detail for McCoy’s to be able to locate the Content.
- Your contact information, including name, email address, telephone number, and mailing address.
- A statement that you have a good faith belief that the Content is not authorized by the copyright owner, its agent or the law.
- A statement made “under penalty of perjury” that (i) you are the copyright owner or are authorized to act on behalf of the copyright owner, and (ii) that the information you are supplying is accurate.
- Your physical or electronic signature (or the physical or electronic signature of the copyright holder or authorized representative).
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:McCoy's Building Supply
P.O. Box 1028
San Marcos, TX 78667
Email: [email protected]