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Terms of Use

Updated

THESE TERMS OF USE GOVERN YOUR USE OF THE SITE AT mclanemarketplace.com AND ALL SUBPAGES RELATED TO THAT SITE (collectively, the “Site”), WHICH IS PROVIDED BY McLANE COMPANY, INC. (“McLane” or the “Company”).  BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE AND OUR PRIVACY POLICY ARE SUBJECT TO CHANGE BY McLANE AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE AND OUR PRIVACY POLICY REGULARLY. IF YOU DO NOT WITH THESE TERMS AND CONDITIONS TO BE BINDING ON YOU, PLEASE EXIT THE SITE NOW.

ACCESS TO THE SITE

To access the Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site will be correct, current, and complete. If McLane believes the information you provide is not correct, current, or complete, McLane has the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time.  By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company; if you do not meet this requirement, you should not access or use the Site.

The Company reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on the Site and to suspend and/or deny access to the Site or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise. The Company does not undertake any obligation or responsibility to update or amend any information or data on the Site and does not warrant the accuracy or completeness of any such information or data, and the Company assumes no liability or responsibility for any errors or omissions in the content on the Site. The Company may discontinue or change any product, service, information or material described in or offered on this Site at any time.

RESTRICTIONS ON USE

You have a nonexclusive, nontransferable, limited, revocable right to use the Site solely to obtain information about the McLane Marketplace. You will not use the Site for any other purpose, including any other commercial purpose, without McLane’s express prior written consent. For example, you will not (and will not authorize any other party to) (i) brand the Site or any portion thereof, or (ii) frame the Site or any portion thereof, or (iii) link to the Site or any portion thereof, without the express prior written permission of an authorized representative of McLane. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the site. You agree to cooperate with McLane in causing any unauthorized co-branding, framing or linking immediately to cease.

You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or service or interfere with any other party’s use and enjoyment of the Site or service. You may not attempt to gain unauthorized access to the Site, any sub-page, or service, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not use any system or software to extract data from the Site.

You may use the Site only for lawful purposes in accordance with these Terms. You agree not to use the Site: (i) in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; (ii) in any manner that violates applicable law; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or other similar materials; (iv) to impersonate the Company, a Company employee, or any other person or entity; or (v) by means of any robot (or “bot”), spider or other automatic device or process for any purpose (including monitoring or copying the content on the Site). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or to defeat, avoid, interfere with, bypass, remove, deactivate, disable, or otherwise circumvent any software protection mechanism or other security restrictions embedded in the Site (or any part of the Site) or otherwise attempt to gain unauthorized access to any part of the Site (or software, applications, networks, or databases supporting it).

PROPRIETARY INFORMATION

The material and content accessible from the Site and any other World Wide Web site owned, operated, licensed or controlled by McLane or any of its related, affiliated or subsidiary companies (the “Content”) is the proprietary information of McLane or the party that provided the Content to McLane, and McLane or the party that provided the Content to McLane retains all right, title, and interest in the Content. Everything on the Site is subject to copyright unless otherwise noted. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of McLane, except that you may print out a copy of the Content solely for your personal use, and members of the media may use Content provided in the site’s Media Center solely for editorial purposes. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates McLane’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

Images of people or places displayed on the Site are either the property of, or used with permission by, the McLane. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted under express written permission from McLane. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

HYPER-LINKS

The Site may be linked to other sites which are not maintained by, or related to, McLane. Hyper-text links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or McLane. McLane has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and McLane makes no representations or warranties about the content, completeness or accuracy of these links or the sites hyper-linked to the Site. Further, the inclusion of any link to a third-party site does not necessarily imply endorsement by McLane of that site or its content.

SUBMISSIONS

You hereby grant to McLane the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display all remarks, suggestions, ideas, graphics or other information or materials communicated to McLane through the Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media or technology now known or later developed. McLane will not be required to treat any Submission as confidential, unless specified otherwise in writing, and may use any Submission in its business (including without limitation, for products or advertising), and will not incur any liability as a result of any similarities that may appear in future McLane operations.

DISCLAIMER

You understand that McLane cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. McLane does not assume any responsibility or risk for your use of the Internet or the Site.

The Content is not necessarily complete and up-to-date and should not be used to replace McLane’s written reports, statements and notices. Investors, borrowers and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using the Site is not exhaustive and does not cover all issues, topics or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. McLANE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. McLANE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE 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. McLANE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND McLANE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT McLANE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT. McLANE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in the Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Site, and McLane does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is no longer accurate or complete.

LIMITATION ON LIABILITY

TO THE FULLEST PERMITTED UNDER APPLICABLE LAW, McLANE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF McLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF McLANE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO McLANE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

INDEMNITY

YOU WILL INDEMNIFY AND HOLD McLANE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY THE INDEMNIFIED PARTIES FOR ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

TRADEMARKS

Trademarks, service marks and logos appearing in the Site are the property of McLane or the party that provided the trademarks, service marks and logos to McLane. McLane and any party that provided trademarks, service marks and logos to McLane retain all rights with respect to any of their respective trademarks, service marks and logos appearing in the Site. You are not authorized to use any trademark, service mark, or logo of McLane without our prior written permission. Any permitted use must comply with McLane’s trademark usage guidelines.

INFORMATION YOU PROVIDE

You may not post, send, submit, publish, or transmit in connection with the Site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to the Site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or
  • contains links to other sites that contain content that falls within the descriptions set forth above.

McLane reserves the right to monitor use of the Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your postings. You acknowledge and agree that neither McLane nor any third party that provides Content to McLane will assume or have any liability to you with respect to the content of any of your postings.

PRIVACY

McLane is committed to the privacy of personal information of the individuals with whom we interact. We have developed a Privacy Policy  to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit this site. In addition to these Terms of Use, your access to and use of the Site are also subject to our Privacy Policy. Please see our Privacy Policy for further information.

SECURITY

Any passwords used for the Site are for individual use only. You shall be responsible for the security of your password (if any). McLane shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that McLane considers insecure, McLane will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, McLane reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. McLane reserves the right to investigate suspected violations of these Terms of Use.

McLane reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing McLane to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS McLANE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY McLANE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER McLANE OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS


GOVERNING LAW AND VENUE

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and McLane arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter hereof shall be in the state courts in Bell County, Texas and the federal courts in Waco, Texas.

SEVERABILITY

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

NO WAIVER

The failure by McLane to enforce any right or provisions of these Terms of Use will not constitute or be deemed to be a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by the party against whom such waiver is sought to be enforced.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions on the site shall govern the items to which they pertain. McLane can revise these Terms of Use at any time by updating this posting.

Last updated: September 29, 2023 

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