Terms of Use

Welcome to the Abernathy MacGregor website located at www.abmac.com (the “Site”) and operated by The Abernathy MacGregor Group, Inc. (“Abernathy MacGregor,” “we,” “us” or “our”).  Your use of the Site is subject at all times to these Terms of Use, our Privacy Policy, and all applicable laws, rules and regulations. 

Acceptance of Terms

Your use of the Site is voluntary, and by accessing this Site, you agree that you have read, understand and agree to be legally bound by these Terms of Use.  If you do not agree to be bound by these Terms of Use, please do not access or use this Site.  These Terms of Use may be modified, changed or altered by us at any time without prior notice.  You further agree, in connection with your use of this Site, to our collection and use of your information as set forth in our Privacy Policy available at [link to Privacy Policy].

Use of the Site

By accessing and using the Site, you represent and warrant that (a) all information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) your use of the Site does not violate any applicable law or regulation and will, at all times, be compliant with all additional terms and conditions as provided by us, (e) you will not interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, and (f) you will use the Site solely for your personal purposes.

This Site is protected by copyright, trademark, and other laws. We own and retain all rights in and to the Site.  Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  All rights not granted under these Terms of Use are reserved by us.

You further agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or your use of the Site.

Warranty

Your use of the Site is at your sole risk. The Site as well as all information posted on the Site are provided to you “as is” and without warranties or representations of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  We make no other warranties or representations, express or implied, for the technical accessibility, fitness, suitability, reliability, availability, timeliness, accuracy or operation of the Site or any of the information contained therein.

Liability Disclaimer

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE SITE AND INFORMATION HEREIN. WE AND / OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless us, our parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use; or (ii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Other Sites

The Site may provide you with links or access to other websites, services, products or content of third parties (“Third-Party Sites”).  This may include links to social media platforms, and you may be given the choice of connecting to one or more social media platforms from this Site.  Third-Party Sites may also reference or link to our Site.  We are not responsible for the practices or content of such Third-Party Sites, and are not endorsing or promoting such Third-Party sites by providing a link thereto.   We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every Third-Party Site that you visit.  You acknowledge and agree that you access such Third-Party Sites at your own risk and are wholly responsible for making your own independent judgments regarding your use or interaction with the same.

Disputes; Governing Law

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters arising under these Terms of Use, you irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of New York.  You agree not to raise the defense of forum non conveniens.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein, constitute the entire understanding between you and us.

These Terms of Use are effective and were last updated on July 20, 2016.