McNally Software
Terms of Service
Effective Date:
Welcome to McNally Software (“we,” “our,” or “us”). By accessing or using our website, services, or products (collectively, the “Services”), you (“User” or “Customer”) agree to comply with and be bound by these Terms of Service (“Terms”). Please read these Terms carefully. If you do not agree with any part of these Terms, you must immediately stop using our Services.
1.
Acceptance of Terms
By accessing, using, or purchasing any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other agreements, policies, or guidelines that may apply. McNally Software reserves the right to modify these Terms at any time, and any changes will be effective upon posting to our website. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
2.
Services Provided
By accessing, using, or purchasing any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other agreements, policies, or guidelines that may apply. McNally Software reserves the right to modify these Terms at any time, and any changes will be effective upon posting to our website. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
3.
Use of Services
By using our Services, you agree to the following:
- Eligibility: You must be at least 18 years old and have the legal authority to enter into these Terms
- Prohibited Activities: You may not use our Services for any unlawful, fraudulent, or harmful purposes, nor engage in any activity that interferes with the proper functioning of our website or Services.
- Compliance: You agree to comply with all applicable laws and regulations while using our Services.
We reserve the right to terminate or suspend your access to our Services for any violation of these Terms, without notice or liability.
4.
Intellectual Property
All content, software, designs, logos, and trademarks provided by McNally Software are the intellectual property of McNally Software or our licensors. You may not reproduce, distribute, or create derivative works from our content without express written permission from McNally Software.
5.
Payments and Fees
For paid Services, you agree to provide accurate and complete billing information. All fees are due as specified in your agreement with McNally Software. Unless otherwise specified, all payments are non-refundable, and you are responsible for any applicable taxes.
Failure to make timely payments may result in the suspension or termination of your access to our Services. McNally Software reserves the right to change pricing at any time, and any such changes will be communicated to you in advance.
6.
Disclaimers and Limitation of Liability
Disclaimer of Warranties:
McNally Software provides the Services on an “as-is” and “as-available” basis. We make no warranties, express or implied, regarding the performance, reliability, or suitability of our Services for your specific needs. We disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.
Limitation of Liability:
To the maximum extent permitted by law, McNally Software will not be liable for any indirect, incidental, special, or consequential damages arising from or related to your use of our Services. This includes, but is not limited to, loss of profits, data, or business. In no event will our total liability exceed the amount paid by you for the specific Services giving rise to the claim
7.
Indemnification
You agree to indemnify, defend, and hold harmless McNally Software, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising out of your use of the Services, violation of these Terms, or violation of any third-party rights.
8.
Confidentiality
Both parties agree to keep any confidential information disclosed during the course of business strictly confidential, including proprietary business information, technical data, and client information. McNally Software will take reasonable measures to protect your confidential information, but we are not responsible for any unauthorized access or breaches caused by third parties.
9.
Termination
McNally Software reserves the right to terminate or suspend your access to our Services at any time, for any reason, without notice. Upon termination, your right to use the Services will immediately cease. You remain responsible for any fees or payments due up to the date of termination.
10.
Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the state of [State], without regard to its conflict of law principles. Any dispute arising out of or related to these Terms shall be resolved exclusively through arbitration in [City, State], unless otherwise agreed upon by both parties.
By agreeing to these Terms, you waive your right to participate in any class action lawsuits against McNally Software.
11.
Force Majeure
McNally Software will not be held liable for any delay or failure to perform due to causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, government actions, or technical failures.
12.
Entire Agreement
These Terms constitute the entire agreement between you and McNally Software concerning the use of our Services. Any prior agreements, whether written or oral, are superseded by these Terms. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.These Terms constitute the entire agreement between you and McNally Software concerning the use of our Services. Any prior agreements, whether written or oral, are superseded by these Terms. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.
Contact Information
For any questions or concerns regarding these Terms, please contact us at:
McNally Software
3015 Mallory Circle, #1304
Kissimmee, FL 34747
603-918-3678