Terms and Conditions

TERMS AND CONDITIONS

Introduction

These terms and conditions govern your use of this website; namely, mcnabbmfg.com and or any of its subsidiaries or sister companies, including McNabb Manufacturing LLC and McNabb Arms Company LLC, and safeguards any information, content, products, services and transactions against court actions or claims made by you or indirectly made by you.; by using this website, you accept these terms and conditions in full.  If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You may be younger than 18 years of age to use this website for informational purposes only.  No claim or court action can be taken against McNabb Manufacturing, LLC for usage of this website or for using information found directly in this website or from weblinks found in this website. You must be at least 18 years of age to purchase items from this website.  Some items, mostly non-firearm related can be bought by users less than 18 years of age, but must have adult (at least 18 years old) supervision when doing so.  By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are accountable for your actions.  If your purpose to using this website is to purchase firearms, and associated parts and components, you warrant and confirm that you are indeed at least 18 years of age and commit to these terms and conditions, other associated companys’ policies and this website privacy policy.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our McNabb Manufacturing, LLC’s use of cookies in accordance with the terms of McNabb Manufacturing, LLC’s privacy policy / cookies policy].

McNabb Manufacturing, LLC grants beneficiary rights and full usage of the policies listed here to McNabb Arms Company, LLC, which is a subsidiary of McNabb Manufacturing, LLC.  McNabb Arms Company, LLC holds an active Federal Firearms License, type 07, issued by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives.  No claim or misuse of this website may be placed against the operations of McNabb Manufacturing, LLC and/ or McNabb Arms Company, LLC in any way, shape, or form.  Merchant account providers and associated payment gateway providers (credit card processing companies) are also granted these beneficiary rights associated with these terms and conditions in addition to any other policies kept by these companies that have a shared monetary relationship with McNabb Manufacturing, LLC. 

License to use website

Unless otherwise stated, McNabb Manufacturing, LLC and/or its licensors and subsidiaries own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or OTHER CONTENT from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within McNabb Manufacturing, LLC or its subsidiaries or to any person or business with express permission from its LLC members.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware,  malware, crawlers, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without McNabb Manufacturing, LLC’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without McNabb Manufacturing, LLC’s express written consent.

Restricted access

Access to certain areas of this website is restricted.  McNabb Manufacturing, LLC reserves the right to restrict access to certain areas of this website, or indeed this entire website, at McNabb Manufacturing, LLC’s discretion.

If McNabb Manufacturing, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

McNabb Manufacturing, LLC may disable your user ID and password their sole discretion without notice or explanation.  Usually this will be done to any user that defames, attacks, verbally and/ or visually shows profanity, uses pornography directly or indirectly connected with our website, or does fraudulent money transactions in connection with our businesses or found to be recently guilty of such charges in the world.  

McNabb Manufacturing, LLC reserves the right to refuse service or goods to any person or entity according to the sole discretion of its members, and managers of McNabb Manufacturing, LLC.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to McNabb Manufacturing, LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to McNabb Manufacturing, LLC the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or McNabb Manufacturing, LLC, its subsidiaries, or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

McNabb Manufacturing, LLC reserves the right to edit or remove any material submitted to this website, or stored on McNabb Manufacturing, LLC’s servers, or hosted or published upon this website.

No warranties

 This website is provided “as is” without any representations or warranties, express or implied.  McNabb Manufacturing, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, McNabb Manufacturing, LLC does not warrant that:

  • This website will be constantly available, or available at all
  • The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Goods and Services

McNabb Manufacturing, LLC shall not be held responsible for appropriate or inappropriate use of its products and services which may result in personal injury, dismemberment, or death.  McNabb Manufacturing, LLC shall not be held liable for any property damage resulting from the use of its products or services by customers or from the entity or persons who receive such products and services. 

McNabb Manufacturing, LLC and subsidiaries and financial partners will not be responsible for any injury, death, or damage to property resulting from either intentional or accidental discharge of any firearm or from its function when used for purposes or subjected to treatment for which it was not designed.  McNabb Manufacturing, LLC will not honor any claims involving any firearm which result from careless or improper handling, unauthorized adjustment or parts replacement, corrosion, neglect, the use of the wrong calibre ammunition (including steel casings), or the use of other than commercially manufactured ammunition in good condition, or any combination thereof.  McNabb Manufacturing, LLC will not honor claims involving any firearm when such claims are made by the second or subsequent owner (s).

Sales of goods and services are made entirely by choice of customers, therefore the liability of those goods and services, if such should result, is also the consequence of their choice and is the customer’s responsibility and not that of McNabb Manufacturing, LLC or any of its partners. 

Limitations of liability

McNabb Manufacturing, LLC and its partners will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if McNabb Manufacturing, LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit McNabb Manufacturing, LLC’s liability in respect of any:

  • Death or personal injury caused by McNabb Manufacturing, LLC’s negligence.

Notwithstanding this exception, all products and services sold or otherwise received from McNabb Manufacturing LLC or from any its subsidiaries, distributors, dealers, or gifted and/ or received from any other source, place full liability upon the end user or receiver, acknowledging that they have in fact accepted this liability of the usage of such products and services by their purchase, transaction, trade, or otherwise receival of such goods, and are fully responsible for all torts, damages, and consequences of such transactions.

  • Fraud or fraudulent misrepresentation on the part of McNabb Manufacturing, LLC and its partners
  • Matter which it would be illegal or unlawful for McNabb Manufacturing, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Fairness

By using this website, you agree that the rights, limitations of liability, and exclusions, set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use this website nor do any type of business with McNabb Manufacturing, LLC or its subsidiaries.

Other parties

You accept that, as a limited liability entity, McNabb Manufacturing, LLC can limit the personal liability of its officers and employees.  You agree that you will not bring any claim personally against McNabb Manufacturing, LLC’s (and McNabb Arms Company, LLC’s) members, officers or employees in respect of any losses you suffer in connection with the website or in communications or transactions.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect McNabb Manufacturing, LLC’s and McNabb Arms Company, LLC’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the entities of McNabb Manufacturing, LLC and McNabb Arms Company, LLC.

Also provided in these terms is the express acknowledgement that you will not bring financial, illegal and/ or legal harm upon our advertisers and any other entity or person listed or associated with McNabb Manufacturing, LLC.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify McNabb Manufacturing, LLC and undertake to keep McNabb Manufacturing, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by McNabb Manufacturing, LLC to a third party in settlement of a claim or dispute on the advice of McNabb Manufacturing, LLC’s legal advisers) incurred or suffered by McNabb Manufacturing, LLC arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to McNabb Manufacturing, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, McNabb Manufacturing, LLC may take such action as McNabb Manufacturing, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing legal and court proceedings against you.

Variation

McNabb Manufacturing, LLC may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

McNabb Manufacturing, LLC may transfer, sub-contract or otherwise deal with McNabb Manufacturing, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Sever-ability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy and any other legal document found on this website constitute the entire agreement between you and McNabb Manufacturing, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with United States Law and Idaho State Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of  the United States of America, the State of Idaho and Bannock County, Idaho.

Registration and Communication

McNabb Manufacturing, LLC and McNabb Arms Company, LLC are registered with the Idaho Secretary of State.

Our contact information is as follows:

McNabb Manufacturing, LLC

669 West Quinn Road, Bldg 35-West

Pocatello, Idaho 83202

Ph:208.201.6624

References for these Terms and Conditions

SEQ Legal LLP. (2017). Retrieved from: www.contractology.com/free-document-license-website-terms-and-conditions.html