Please review these terms and conditions, which govern your use of McLendons.com, McLendon’s mobile site, and any mobile applications available on your iPhone or Android, and any other sites on which these terms and conditions appear. Your use of any of the sites constitutes your unconditional agreement to be bound by these terms and conditions and the Privacy and Security Statement. The sites are provided by McLendon Hardware, Inc. as a service to its customers, unless specifically provided otherwise on a site. The Terms inure to the benefit of McLendon Hardware and its parent, subsidiaries and affiliates.
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
If we determine that a child under the age of 13 has provided personal information to the Site, we will delete that information as soon as practical. If you become aware that a child under the age of 13 has provided such information, please contact us at firstname.lastname@example.org so that we can delete the information.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. McLendon Hardware does not endorse any of the products or services available.
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of McLendon Hardware or any of its affiliates, subsidiaries or agents.
Unless indicated otherwise, most products and services featured on the Site are available directly from or through McLendon Hardware, its subsidiaries or its affiliates.
McLendon Hardware endeavors to display and describe its products and services accurately. McLendon's is also improving its products and services and may update the Materials at any time and without notice.
McLendon Hardware cannot and does not guarantee the accuracy or completeness of the Materials, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors. Products and services are the responsibility of the manufacturer and service provider, respectively and subject to the warranties offered by such manufacturer or service provider.
All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and / or services that you have requested.
McLendon Hardware and its affiliates and subsidiaries reserve the right, at their sole discretion, to refuse service and to terminate accounts if McLendon's believes in its sole discretion that customer conduct violates applicable law or the Terms, or is harmful to the interests of McLendon Hardware, its subsidiaries, or its affiliates, or for any other reason.
McLendon Hardware and its affiliates and subsidiaries reserve the right to limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion. These restrictions may be applied to the same account, same credit card and / or the same billing and / or shipping address.
Receiving an order acknowledgment via email does not guarantee the acceptance of an order. All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon McLendon Hardware delivery of the items or products to the carrier.
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by McLendon Hardware or its software and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of McLendon Hardware and protected by applicable copyright laws. McLendon Hardware grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. McLendon Hardware and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to McLendon Hardware or any third party's intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed. The names, trade names, logos, service marks, trademarks and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of McLendon Hardware, Inc. other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site.
The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience and their presence on the Site does not imply endorsement by McLendon Hardware or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
You agree that McLendon Hardware and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. McLendon Hardware and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
As part of your use of the Site, you may be able to provide comments, feedback, reviews, text and ideas; send messages to McLendon Hardware and other users of the Site; post media, such as photos and videos; and submit other forms of content (collectively, “Content”) to the Site. You agree that Content may be viewed by the general public and you do not and shall not consider such Content to be private, proprietary or confidential. You grant McLendon Hardware and its affiliates, licensees and sub licensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, publicly display and otherwise use in any way such Content in any format or media (“Content License”). You may not revoke Content for any reason at any time. You agree that any Content you submit may appear on sites other than the site through which you submitted your Content or the website of an entity affiliated with McLendon Hardware. You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. You agree that McLendon Hardware may use submitted Content in any manner that McLendon Hardware deems appropriate or necessary in its sole discretion. McLendon Hardware and its affiliates reserve the right to edit, modify, abridge or otherwise change any Content you or others submit in their sole discretion.
You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any Content you submit, including, without limitation, comments and feedback you submit to the Site. You agree that McLendon Hardware is not responsible for any Content that you submit to the Site.
By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit McLendon Hardware and its affiliates, licensees and sub licensees to use such Content in accordance with the terms of the Content License. You agree not to submit any Content that is owned by someone other than you. You agree not to submit any Content that contains the name, image, likeness or voice of anyone other than yourself without first obtaining permission to submit such Content and to grant the Content License to McLendon Hardware.
If you identify yourself by name in Content you submit or submit Content that contains an image or audio or video recording of yourself, you authorize McLendon Hardware and its affiliates, licensees and sub licensees, without compensation of any kind to you or anyone else, to reproduce, print, publish, translate, modify, edit and disseminate, in any format or media now or hereafter created, your name and such images and recordings in any way McLendon Hardware deems appropriate, in its sole discretion, throughout the world. Such authorization is and shall be perpetual and cannot be revoked by you for any reason.
McLendon Hardware does not guarantee that Content you or others submit will be posted to the Site or become publicly available, and McLendon Hardware does not guarantee that Content posted to the Site will not be offensive, defamatory or otherwise objectionable.
McLendon Hardware reserves the right to remove any Content from the Site without notice and in McLendon Hardware’s sole discretion; however, you acknowledge and agree that McLendon Hardware is under no obligation to you to police, monitor or remove Content and McLendon Hardware makes no guarantee with respect to the completeness, accuracy, integrity or quality of Content submitted to the Site.
Claims of Copyright Infringement. If you believe any materials accessible on or from the Site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to McLendon Hardware designated Copyright Agent (identified below), which sets forth the following information:
The Copyright Agent designated by McLendon Hardware to receive notifications of claimed infringement is:
McLendon Hardware IP Notices
Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to McLendon Hardware Customer service at the contact information listed under “Contact Us”
You acknowledge that if you fail to comply with all the instructions above, your DMCA notice may not be valid.
If your submitted materials were removed or the access thereof has been disabled and you believe that such materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to McLendon Hardware designated Copyright Agent:
If a counter-notice is received by the Copyright Agent, McLendon Hardware may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless McLendon Hardware Copyright Agent receives notice from the person who submitted the DMCA Notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted to the Site or McLendon Hardware system or network, McLendon Hardware may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice, at McLendon Hardware sole discretion.
You assume all responsibility and risk for the use of the site and the Internet in general. The site, the materials and all products and services offered through the site are provided “as is” and “as available” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, McLendon Hardware, all of McLendon Hardware's subsidiary, parent or related companies, call centers and all of their respective officers, directors, employees, attorneys, agents and representatives disclaim all warranties, express or implied, including without limitation implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.
McLendon Hardware and its licensors, suppliers, advertisers, sponsors, agents and representatives do not warrant that your use of the site will be uninterrupted, error-free or secure; that defects will be corrected; or that the site or the server(s) on which the site is hosted are free of viruses, bugs or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement by McLendon Hardware, or McLendon Hardware's licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site or otherwise, shall create any warranty.
You expressly acknowledge and agree that McLendon Hardware shall have no liability or responsibility whatsoever for: (1) any unauthorized access to or use of servers on which the site is hosted and / or on which any of your personal information and / or financial information stored therein; (2) any interruption or cessation of transmission to or from the site; (3) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a harmful nature which may be transmitted to or through the site by a third party; and / or (4) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damages of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site. McLendon Hardware does not warrant, endorse, guarantee or assume responsibility for any hyper-linked site.
You agree that McLendon Hardware and its affiliates, parents and subsidiaries will not be responsible or liable for damages of any kind arising out of your use of the site, including, without limitation, direct, indirect, special, incidental, punitive and consequential damages, and damages resulting from the loss of use, data, profits or business interruption arising from or in any way connected with the use of the site. This also includes delays in being able to use the site, the inability to use the site, or any portion thereof, or any hyperlinked website, whether based on tort, negligence, strict liability or otherwise, even if McLendon Hardware and / or its subsidiaries and affiliates were aware or had been advised of the possibility of such damages. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate, as with the purchase of any product or service through any medium or in any environment. Your use of the site and any materials provided through the site are entirely at your own risk.
You agree to indemnify, defend and hold harmless McLendon Hardware and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sub licensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms, including, without limitation, the Code of Conduct; (2) any allegation that any Content or other material you have submitted or transmitted to the Site infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of any party; and / or (3) your activities or omissions in connection with the Site.
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. McLendon Hardware makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site in any jurisdiction where all or any portion of the Site might violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
You agree that this agreement and your use of the Site will be governed by the laws of the state of Tennessee. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Memphis, Tennessee, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and / or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to the Site or this agreement.
Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
Arbitration is final, binding and subject to limited review by a court.
You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against McLendon Hardware or against any of McLendon Hardware subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
You must first present any claim or dispute to McLendon Hardware by contacting the Customer Care Center to allow McLendon Hardware the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and McLendon Hardware agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Memphis, Tennessee, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
Any arbitration shall be confidential, and neither you nor McLendon Hardware may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and McLendon Hardware. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
You agree that McLendon Hardware may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that McLendon Hardware will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to McLendon Hardware through the Site may be subject to legal process (e.g., a subpoena) by McLendon Hardware or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that McLendon Hardware will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that McLendon Hardware may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
McLendon Hardware’s performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of McLendon Hardware right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by McLendon Hardware with respect to such use.
You agree that McLendon Hardware may change the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers or you and McLendon Hardware as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to McLendon Hardware, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and McLendon Hardware with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and McLendon Hardware with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by McLendon Hardware or it is physically signed in blue ink by an executive officer of McLendon Hardware.
Any actual or alleged waiver by McLendon Hardware of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and / or any notice given by McLendon Hardware in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by McLendon Hardware in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
You can register as a user of the Site and become a registered user (a “Registered User”). Becoming a Registered User gives you access to additional services and functionalities available on the Site (collectively, “Registered Services”), and the following terms and conditions apply to your use of the Registered Services (the “Additional Terms”). The Additional Terms are in addition to and not in lieu of the Terms. The Terms and the Additional Terms govern the relationship between you and McLendon Hardware concerning your use of the Registered Services. Only to the extent there is a conflict or inconsistency between the Terms and the Additional Terms, the Additional Terms shall control. If you do not agree with any of the Additional Terms, you are free to discontinue use of the Registered Services.
Registration. You can become a Registered User by registering with the Site to create an account (both a registered account through the Site and a rewards account with the McLendon Hardware rewards program, an “Account”). Purchases made online while logged into your account will allow McLendon Hardware to register and record your purchases for you, giving you access to product purchased, price, date of purchase and additional information, such as the HVAC filter sizes you have bought.
McLendon Hardware will track all the purchases that you make online while logged into your Account. Online transactions are called “Tracked Purchases.” You acknowledge and agree that McLendon Hardware owns all the data and information concerning your Tracked Purchases. McLendon Hardware may make your Tracked Purchases available to you for viewing through your Account. McLendon Hardware will continue to own all the data and information concerning your Tracked Purchases even if your Account is deactivated for any reason.
As a Registered User, you may be able to review your Tracked Purchases.
Communications From McLendon Hardware — By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including email from McLendon Hardware and its subsidiaries and affiliates. For example, if your Account contains information about a plumbing project, McLendon Hardware may send you information on plumbing projects and products. For any Submissions that are covered by any intellectual property rights (“IP Content”), you grant McLendon Hardware a non-exclusive, perpetual, transferable, sub licensable, royalty-free, worldwide license to use those Submissions (“IP License”) as McLendon Hardware sees fit in its sole discretion. The IP License ends when you delete your IP Content from your Account, unless your IP Content has already been used outside your Account or shared with others, and they have not deleted it. You understand and agree that deleted IP Content may persist in backup copies of your Account, but deleted IP Content will not be available for your use or review from your Account once it has been deleted. You agree that McLendon Hardware and its affiliates and agents may use your name, email address, telephone number and / or Rewards Card to access, review, edit and modify your Submissions, Tracked Purchases and other information associated with your Account. This allows us to enhance your shopping experience and assist you in obtaining the products and services appropriate for your needs.
As part of the registration process, you will be asked to select a username and password. McLendon Hardware may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use, or otherwise facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify McLendon Hardware of the problem by contacting McLendon Hardware Customer Service at CustomerService@mclendons.com You are entirely responsible for maintaining the confidentiality of your username and password and any and all activities (including purchases) that are conducted through your account.
McLendon Hardware reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. McLendon Hardware may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of account inactivity, may result in all data and information uploaded or submitted by you or by McLendon Hardware, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that McLendon Hardware has no obligation to make a copy, electronic or otherwise, of your Submissions or Tracked Purchases available to you at any time, including, without limitation, upon deactivation of your Account for any reason.
McLendon Hardware reserves the right to terminate your access to and use of the Rewards Program, your Account and the Registered Services, or any portion thereof, without liability, at any time and for any reason, with or without cause, and without notice to you. Upon deactivation of your Account or termination of the Rewards program or the Registered Services, or upon your violation of the Additional Terms or the Terms, your right to use the Site and any portions of the Site, including Registered Services, will immediately cease.
Making Purchases — If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide you a location to store some of your information and allow you to make a future purchase without re-entering all your information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
Rewards Program Is Intended Only for U.S. Residents. The Rewards Program is solely directed to individuals residing in the United States. McLendon Hardware makes no representations that the Rewards Program and any content or functionality available through the Rewards Program and its associated features are appropriate or available for use in other locations.