TERMS AND CONDITIONS

All orders and purchases made through this website are subject to the Terms and Conditions outlined below. These Terms and Conditions may change from time to time without prior notice, at our discretion.

This website is owned and operated by McShanley’s Inc.  All orders and purchases made through the facilities of this website shall be subject to these Terms and Conditions.  These Terms and Conditions, the use of this website and any order or purchase made through the facilities of this website shall be governed by the laws of the state of New York.

You may only purchase or order items for non-commercial and lawful purposes and any other use is not permitted. You agree to pay for all charges noted herein as payable by you. You have to be 18 or older to purchase from the website. Any items purchased on this website will not be delivered to an address outside of the contiguous United States.

McShanley’s Inc. may correct errors or inaccuracies and change or update information on this website at any time without notice, including in respect of prices and availability of items. All prices listed on this website are in US dollars and all charges will be processed in US dollars.

McShanley’s Inc. tries to be accurate as possible. McShanley’s Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by McShanley’s Inc. is not as described, your sole remedy is to return it in unused condition.

All prices listed on this website are subject to confirmation. McShanley’s Inc. will notify you by email within 24 hours of making a purchase if the confirmed price of an item you have selected differs from the price listed on the website or on your purchase order. If you do not receive an email within 24 hours of completing a purchase order, McShanleys is deemed to have confirmed the purchase at the price listed. If you receive such notification, the sale will be automatically terminated unless you reply by email with confirmation of your intention to purchase the item at the confirmed price.

McShanley’s Inc. reserves the right to limit the quantities of certain items which you, your family or any group can purchase. McShanley’s Inc. will use commercially reasonable efforts to deliver items as quickly as possible and within any time periods indicated; however, McShanley’s Inc. will not be responsible for any delays in delivery which are beyond its control. Where delivery is delayed, McShanley’s Inc. will notify you as soon as possible.

McShanley’s Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of McShanley’s Inc. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise used for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of McShanley’s Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing McShanley’s Inc.'s name without the express written consent of McShanley’s Inc. Any unauthorized use terminates the permission or license granted by McShanley’s Inc.

FRAUD PREVENTION

In order to protect you and McShanley’s Inc. from fraudulent transactions, McShanley’s Inc. may provide your transaction-related information to a reputable third party organization to perform address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address. McShanley’s Inc. also reserves the right, at its discretion, not to ship items ordered or purchased on this website to certain addresses. In the event that McShanley’s Inc. chooses not to ship an item, you will be notified by email and any amount charged to your credit card will be refunded.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY MCSHANLEY’S INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. MCSHANLEY’S INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND PRODUCTS PURCHASED IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MCSHANLEY’S INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE EXPRESSLY DISCLAIM ANY OF OUR AND OUR AFFILIATES' LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, FUNCTIONS, FEATURES OR CONTENT AND PRODUCTS AVAILABLE FROM THE SITE, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR ANY ACTUAL OR THREATENED DAMAGE OR YOUR DISSATISFACTION WITH THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE AND THE PRODUCTS AND THE RETURN OF THE PURCHASE PRICE FOR THE PRODUCTS.

MCSHANLEY’S INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MCSHANLEY’S INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCSHANLEY’S INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to indemnify and hold harmless McShanley’s Inc. and its affiliates and each of their directors, officers, agents, licensors, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of any products purchased and the use of the McShanleys.com site, your violation of the Terms, or your violation of any rights of another.

APPLICABLE LAW

By visiting McShanley’s Inc., you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and McShanley’s Inc.

DISPUTES

Any dispute relating in any way to your visit to McShanley’s Inc. or to products you purchase through McShanley’s Inc. shall be submitted to confidential arbitration in Tillson, New York.  McShanley’s Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

CONTACT INFORMATION

McShanley's Inc.

P.O. Box 265

Tillson, NY  12486-0265