A.Y. McDonald Mfg. Co.
Consent to do Business Electronically
November 27, 2017

This system/application is the property of A.Y. McDonald Mfg. Co. (A.Y. McDonald). Authorized Customers (You, Your) may use this system/application to gain access to authorized information only. By consenting to do business electronically, you agree to the following terms and conditions:

When presented with the Consent to do Business Electronically, if you do not agree with any of these items, you should not select the "Log In" button and exit the system/application. By not selecting "Log In" you will not be able to conduct business electronically with A.Y. McDonald.

Usage

When utilizing this site, you:

Consent to do business and to conduct transactions electronically with the A.Y. McDonald and A.Y. McDonald companies. Although this consent applies to any transactions conducted through the websites of A.Y. McDonald, you are not required to conduct transactions electronically. You may continue to conduct transactions through other methods available to you.

Certify that you are the person identified by that information. If the log in account is not yours and/or you are attempting to access someone else's information, you are in violation of federal and/or state law and should exit this application now. Suspected violations may be reported to state and/or federal authorities.

Certify that if you are accessing this system/application on behalf of your employer, you have the appropriate authority to conduct business electronically on behalf of your employer.

Consent to, and acknowledge that activity through the websites of A.Y. McDonald may be viewed, monitored and recorded by A.Y. McDonald in order to help prevent and detect potential fraud or other abuse, including unauthorized access to information.

Online Shopping

A.Y. McDonald works to ensure that the photographic representations, descriptions and specifications of each product are accurate. However, while the electronic display of colors and scale attempt to be a close representation, slight color and scale variations to the actual goods may occur. We are therefore unable to guarantee that the product images on the site are identical to the actual product.

By submitting an order, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. Any sales tax when applicable will be applied to an order. By placing an order you confirm that you are the person referred to in the billing details.

Pricing

All prices shown on the website are in US Dollars ($).

Although A.Y. McDonald strives to ensure all the prices on our website are accurate, errors sometime occur. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers:

If we discover an error in the price of an item you have ordered, we will contact you as soon as possible.

You will have the option to cancel your order or reconfirm it at the correct price.
A.Y. McDonald retains the right to refuse or cancel any orders placed for product listed at the incorrect price. A.Y. McDonald shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.

The Website

We may change our website and correct or update information (including product information) on it or change these terms and conditions at any time without notice.
Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.

You may access and use the website for your business use. Provided you retain all copyright and proprietary notices, you may: retrieve and display the content of the website on a screen; print copies of the content for your own business use; and store the content in electronic form to aid in the sale or support of the A.Y. McDonald product(s).

You may not use this website or its contents, unless you have permission from A.Y. McDonald: for resale purposes including the systematic extraction and/or re-utilization of any part of the contents of this website (i.e. item listings, descriptions, prices); to download (other than page caching) or modify the website, or any portion of it; to interfere with or disrupt any network or web site connected to this website or gain unauthorized access to other computer systems; for any purpose which is unlawful.

In addition, unless you have permission from A.Y. McDonald, you may not in relation to this website, use any: data mining, robots, or similar data gathering and extraction tools; framing techniques to enclose the trade marks, logos and other proprietary images, text layouts and formats which we use on the website; meta tags or any other "hidden text" which uses our name or trademarks.

Using this website does not give you permission to link to it or to use any of the trademarks, designs, images, logos or data contained within it without the permission of A.Y. McDonald.

We do not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.

You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.

This website and its content including all text, graphics, logos, button icons, images, data compilations and software used in connection with this website, is A.Y. McDonald property or that of our suppliers and is protected by copyright, trademarks, database rights and other intellectual property rights.

This website may include links to third party web sites from time to time. You acknowledge and agree that A.Y. McDonald will not be responsible for the availability of such sites and will not be responsible or liable for any content or services available from such Third Party Sites (we recommend you check the privacy statements and terms and conditions of these sites before proceeding with them).

Your order may be reviewed by our Credit Department to ensure available credit and/or our Customer Service Department to ensure order accuracy.

Indemnity

You agree fully to indemnify, defend and hold A.Y. McDonald, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.

A.Y. McDonald may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.

Privacy and Communications

A.Y. McDonald will treat your personal information as confidential. You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service and product. Any details will only be used by A.Y. McDonald and our carefully selected third party partners to process your orders and to recommend offers and goods that you may find of interest.

When you place orders online, A.Y. McDonald collects certain personal and transactional information from you.

To meet our obligations under these Terms and Conditions we will relay communications by posting notices on the website. You agree to receive communications from us electronically and that electronic communications will satisfy any legal requirement for communications to be in writing.

Cookies - We use cookies to collect and retain your preferences, record user-specific information on what pages users access or visit, alert you to new areas that we think might be of interest to them when they return to our site, record past activity at a site in order to provide better service when visitors return to our site.

Disclosure of your information - We may disclose your personal information to any subsidiary or sister company. Changes to our Privacy Policy - Any changes we may make to our Privacy Policy will be posted on our website. Limitation of Liability

In no event shall A.Y. McDonald or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Jurisdiction

The websites of A.Y. McDonald are based in the United States of America and the laws of the state of Iowa and the laws of the United States of America govern our sites and your use of them.

General

We may change these Terms and Conditions at any time. If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure is due to causes outside our control.

I consent to do business electronically and to the use of Electronic Records in connection with my transactions with the A.Y. McDonald. I have been able to read this notice using my computer and software. I have access to an account with an Internet service provider, and I am able to send and receive email.

We recommend that you print or save this Consent to retain a copy for your records. Please remember never to share your username, password or login image and phrase with anyone. Your username, password and login image and phrase are unique to you. If you give this information to another person or entity, they will have access to account details.