Terms of Use
McCrackenfs.com Website Terms of Use
McCracken Financial Solutions
Corp. ("McCracken") maintains this web site on the Internet with its
home page located at the Uniform Resource Locator ("URL")
http://www.McCrackenfs.com (or any successor or replacement thereto)
("Web Site"). These Terms of Use (this "Agreement") sets forth the
terms and conditions of your use of the Web Site. BY USING THE WEB SITE
YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE WEB
SITE'S PRIVACY POLICY CONTAINED HEREIN AND YOU ACKNOWLEDGE AND AGREE
THAT YOUR USE OF THE WEB SITE IS CONDITIONED ON SUCH ACCEPTANCE. If you
are dissatisfied with any portion of the information and/or services
available on the Web Site, or with any of the terms and conditions of
this Agreement, your sole and exclusive remedy is to discontinue your
use of the Web Site and the services available on the Web Site.
In this Agreement, "you" and "your" refers to you as a user of the Web
Site and services, and "McCracken" refers to McCracken Financial
Solutions Corp. If you have any questions concerning this Agreement,
please contact McCracken by e-mail to webmaster@McCrackenfs.com.
McCracken may amend this Agreement at any time by posting an amended
Agreement on the Web Site. The effective date of any such amendment
will be ten (10) days after it is posted on the Web Site. You should
visit this page periodically to review this Agreement, because it is
binding on you. Notwithstanding the foregoing, McCracken may also add,
delete or modify some or all of the services offered on the Web Site at
any time in its sole discretion. Certain areas of this Web Site may be
subject to additional terms of use.
Transactions Between You and Third Parties
This Agreement governs your use of the Web Site. Other than as the
provider of the Web Site, McCracken is not involved in the consummation
of transactions between you and a third party whose services or
products may, from time to time, be available on or through the Web
Site. In the event of any dispute between you and any third party, you
hereby release McCracken and any of its affiliates, officers, equity
holders, directors, employees and agents of McCracken or any such
affiliate from any claims and damages of any nature (including, without
limitation, actual, special, incidental and consequential damages),
whether known or unknown, disclosed or undisclosed, arising out of or
in any way connected with such dispute. Links to other web sites are
provided on the Web Site by McCracken solely for your convenience. You
acknowledge and agree that (a) McCracken cannot, will not, and does
not, assume any responsibility for the content and services provided by
third parties via other web sites, including web sites operated by
affiliates of McCracken, and (b) your use of such web sites may be
subject to the terms of use and/or policies different from the terms
and conditions of this Agreement and the Privacy
Policy.
Access
to the Website and Services
(a) Physical Connection To Web Site. You are responsible for providing
all equipment necessary to access the Internet and the Web Site.
(b) Web Site Availability. While the objective of McCracken is to make
the Web Site accessible 24 hours per day, 7 days per week, McCracken
may make the Web Site unavailable from time to time for any reason
including, without limitation, routine maintenance. You understand and
acknowledge that due to circumstances both within and outside of the
control of McCracken, access to the Web Site may be interrupted,
suspended or terminated from time to time. You agree that: (i)
McCracken shall not be liable for any damages arising from any such
interruption, suspension or termination of the Web Site and (ii) you
assume the risk of such interruption, suspension or termination of the
Web Site.
(c) Applicable Laws. You agree to comply with all applicable local,
state, federal, and international laws, statutes, rules and regulations
relating to your use of the Web Site. Without limiting the foregoing,
you are responsible for observing all applicable laws.
(d) Malicious Intent. You agree not to tamper with the software or
functionality of the Web Site. Without limiting the foregoing, you
agree not to put any material via the Web Site which contains any
viruses, time bombs, Trojan horses, worms, cancelbots or other computer
programming routines that may damage, interfere with, intercept or
expropriate any system, data or information.
Intellectual Property and Privacy
All content published on the Web Site by McCracken, including, without
limitation, any and all proprietary rights thereto, is owned by
McCracken or McCracken's third-party licensor, and such content may not
be copied or distributed in any way by you for any purpose. McCracken's
use of information submitted by you shall be in accordance with the
Privacy Policy and the license contained in this Paragraph. You hereby
grant to McCracken a non exclusive, worldwide, transferable, perpetual,
irrevocable, royalty free license to use, in connection with operating
and promoting the Web Site, in any media now known or hereafter
developed, all information and materials you provide, subject to the
terms and conditions of the Privacy Policy. You agree that any
information that you submit to McCracken via the Web Site or by means
of e-mail to McCracken may be delivered by McCracken to any of its
affiliate companies.
By accessing or using the McCracken Financial Solutions Corp.
("McCracken") Web site, the home page of which is located at
http://www.McCrackenfs.com (the "Web Site"), you agree to the terms of
this Privacy Policy, as described below. If you do not agree to these
terms, please do not access or use the Web Site. McCracken reserves the
right to change this Privacy Policy from time to time at its sole
discretion. Your use of the Web Site will be subject to the most
current version of this Privacy Policy at the time of such use, and to
the Web Site's Terms of Use.
When you engage in certain activities on the Web Site, the Web Site may
ask you to provide certain information about yourself by filling out
and submitting an on-line form. It is completely optional for you to
engage in these activities. If you elect to engage in these activities,
however, the Web Site may ask that you provide personal information,
such as your first and last name, mailing address (including zip code),
email address, employer, job title and department, telephone and
facsimile numbers, and other personal identifying information.
Depending upon the activity, some of the information that you will be
asked to provide is identified as mandatory and some as voluntary. If
you do not provide the mandatory data with respect to a particular
activity, you will not be able to engage in that activity.
When you submit information to McCracken via the Web Site, you
understand and agree that the information may be transferred across
national boundaries and may be stored and processed in any of the
countries in which McCracken and its affiliates and subsidiaries
maintain offices, including without limitation, the United States. You
also acknowledge that, in certain countries or with respect to certain
activities, the collection, transferring, storage, and processing of
your information may be undertaken by trusted vendors of McCracken.
The servers that McCracken uses to operate the Web Site may collect
domain names, IP addresses and email addresses of visitors. This
information may be aggregated to measure the number of visits, average
time spent on the Web Site, pages viewed, and similar information.
McCracken may use this information to measure the use of the Web Site
and to improve the content of the Web Site or other Web sites operated
by McCracken and/or its affiliates and subsidiaries.
McCracken collects information to record and support your participation
in the activities you select. The information that you provide may also
be used as part of an effort by McCracken to keep you informed about
new products and services, product and services upgrades and
modifications, special offers, and other products and services of
McCracken and selected third parties. McCracken reserves the right to
compile and use aggregate data, and also to provide such aggregate data
to third parties for statistical analysis. Such data will not be linked
to any particular individuals or companies. McCracken also reserves the
right to make any disclosures required by law or any governmental
agency.
When you visit the Web Site you can browse the Web Site anonymously and
access important information without revealing your identity. To
improve the Web Site, we may use "cookies" to track your visit. A
cookie is small amount of data that is transferred to your browser by a
Web site server and can only be read by the server that gave it to you.
It functions as your identification card, recording your passwords,
purchases, and preferences. A cookie may be used to provide to you
tailored information.
Most browsers are initially set to accept cookies. You can set your
browser to notify you when you receive a cookie, giving you the chance
to decide whether to accept it. For some Web pages that require an
authorization, cookies are not optional. Users choosing not to accept
cookies will probably not be able to access those pages.
While the Web Site may use cookies to track your visit to the Web Site
and the Web Site servers automatically log the IP/Internet address of
your computer, this information does not identify you personally and
you remain anonymous unless you have otherwise provided McCracken with
personal information.
McCracken may terminate your access to the Web Site at any time, for
any reason or no reason, and you shall have no recourse, and McCracken
shall have no liability, with respect to any such termination. This
Agreement shall automatically terminate upon your breach of any of the
terms of this Agreement, or upon the termination by McCracken of your
access to the Web Site. All provisions of this Agreement relating to
warranties, confidentiality obligations of Members, proprietary rights,
limitation of liability, indemnification obligations and payment
obligations shall survive the termination of this Agreement.
You and McCracken are independent contractors, and no agency,
partnership, joint venture, employer employee or other similar
relationship is intended or created by your use of the Web Site.
This Agreement shall be governed by and construed in accordance with
the laws of the State of New York without regard to its conflicts of
laws provisions.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT McCRACKEN PROVIDES THE WEB SITE
AND SERVICES AVAILABLE ON THE WEB SITE ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU
ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE
RISK. McCRACKEN HAS NO OBLIGATION TO MONITOR THE CONTENT ON
THE WEB SITE OR THE LINKS TO OTHER WEB SITES AND EXPRESSLY DISCLAIMS
ANY RESPONSIBILITY OF McCRACKEN TO FILTER ANY SUCH CONTENT,
AND IN NO EVENT SHALL McCRACKEN BE LIABLE FOR ANY CONTENT, SERVICES,
PRODUCTS OR ACTIONS TAKEN BY THIRD PARTIES LINKED FROM THE WEB SITE.
WITHOUT LIMITING THE FOREGOING, McCRACKEN EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON INFRINGEMENT, (B) THAT ACCESS TO THE WEB SITE AND SERVICES
AVAILABLE ON THE WEB SITE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR
ERROR FREE, (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD
PARTY WITH WHOM YOU MAY ELECT TO CONDUCT BUSINESS AFTER AN INTRODUCTION
TO SUCH THIRD PARTY BY McCRACKEN ON THE WEB SITE, AND WHETHER YOU
SHOULD CONDUCT BUSINESS WITH SUCH THIRD PARTY, AND (F) AS TO THE
ACCURACY OF POSTINGS MADE ON THE WEB SITE.
YOU AGREE THAT NEITHER McCRACKEN, NOR ANY OF ITS AFFILIATES, NOR ANY
OFFICER, DIRECTOR, EQUITY HOLDER, AGENT OR EMPLOYEE OF
McCRACKEN OR ANY SUCH AFFILIATE WILL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES OR LOST PROFITS. IN ALL EVENTS,
McCRACKEN SHALL NOT HAVE ANY LIABILITY FOR ANY REASON AND
UPON ANY CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, ACTS OR
OMISSIONS BY YOU OR ANY THIRD PARTIES OR AS THE RESULT OF ANY OUTAGES
OR NON-AVAILABILITY OF THE WEB SITE OR ANY OF THE SERVICES AVAILABLE ON
THE WEB SITE.
All provisions of this Agreement relating to warranties,
confidentiality obligations of Members, proprietary rights, limitation
of liability, indemnification obligations and payment obligations shall
survive the termination or expiration of this Agreement.
You agree to indemnify, defend, and hold harmless McCracken and any of
its affiliates, and officers, directors, equity holders, agents and
employees of McCracken or any such affiliate with respect to any claim,
demand, cause of action, debt, judgment or liability, including
reasonable attorneys' fees, to the extent that it is based upon a claim
that: (a) arises out of or in relation to your use of the Web Site and
is not caused by the gross negligence or conduct of McCracken; (b) if
true, would constitute a breach of any of your representations,
warranties, obligations or other agreements hereunder; or (c) arises
out of your negligence, willful misconduct, or abandonment. McCracken
may, at its discretion and at its own expense, assist in the defense of
any indemnified claim through counsel selected by McCracken. In no
event shall you have authority to bind McCracken to any settlement of
any claim or with respect to any other matter.
This Agreement constitutes the entire agreement and understanding
between the parties with respect to the subject matter of this
Agreement and supersedes and replaces any and all prior written or
verbal agreements. Headings are for reference only. A party's failure
to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between you and McCracken nor trade
practice shall act to modify any provision of this Agreement. If any
provision of this Agreement is held to be invalid or unenforceable,
such determination shall not affect such provision in any other respect
or any other provision of this Agreement, which shall remain in full
force and effect. To the extent that approval, consent or waiver by
McCracken is required under any provision of this Agreement, such
approval, consent or waiver may be granted or withheld at the sole and
absolute discretion of McCracken. You may not assign or transfer to
third parties any of your rights or obligations under this Agreement
without prior written permission from McCracken.
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Offices
To learn more about our solutions, talk with a McCracken
representative:
Phone: (978) 439-9000
Address: 8 Suburban Park Drive
Billerica, MA 01821
More Information
salesinfo@McCrackenfs.com
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