McCracken Industries

Terms and Conditions

Agreement between User and mccrackenweb.com
Welcome to mccrackenweb.com. The mccrackenweb.com website (the “Site”) is comprised of
various web pages operated by McCracken Industries, LLC (“McCrackenweb”).
mccrackenweb.com is offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the “Terms”). Your use of mccrackenweb.com
constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.

mccrackenweb.com is an E-Commerce Site.

We build, design and manage websites

Electronic Communications
Visiting mccrackenweb.com or sending emails to McCrackenweb constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that McCrackenweb is not
responsible for third party access to your account that results from theft or misappropriation of
your account. McCrackenweb and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen
McCrackenweb does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use mccrackenweb.com only with
permission of a parent or guardian.

Links to Third Party Sites/Third Party Services
mccrackenweb.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of McCrackenweb and McCrackenweb is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. McCrackenweb is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by McCrackenweb of the site or any
association with its operators.

Certain services made available via mccrackenweb.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
This is a RocketLawyer.com document. Page 1 of 5
mccrackenweb.com domain, you hereby acknowledge and consent that McCrackenweb may
share such information and data with any third party with whom McCrackenweb has a contractual
relationship to provide the requested product, service or functionality on behalf of
mccrackenweb.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
mccrackenweb.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to McCrackenweb that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of McCrackenweb or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
McCrackenweb content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of McCrackenweb and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of McCrackenweb or our licensors except as expressly authorized by
these Terms.

International Users
The Service is controlled, operated and administered by McCrackenweb from our offices within
the USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the McCrackenweb Content
accessed through mccrackenweb.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.

Indemnification
You agree to indemnify, defend and hold harmless McCrackenweb, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
McCrackenweb reserves the right, at its own cost, to assume the exclusive defense and control of
This is a RocketLawyer.com document. Page 2 of 5
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
McCrackenweb in asserting any available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and McCrackenweb agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. MCCRACKEN INDUSTRIES, LLC AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MCCRACKEN INDUSTRIES, LLC AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
This is a RocketLawyer.com document. Page 3 of 5
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. MCCRACKEN INDUSTRIES, LLC AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL MCCRACKEN INDUSTRIES, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER 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, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
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 MCCRACKEN INDUSTRIES, LLC OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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.

Termination/Access Restriction
McCrackenweb reserves the right, in its sole discretion, to terminate your access to the Site and
the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Utah and you hereby
consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and McCrackenweb as a result of this agreement or use of the Site. McCrackenweb’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of McCrackenweb’s right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by McCrackenweb with respect to such use. If any part of this agreement
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 the agreement shall continue in effect.

This is a RocketLawyer.com document. Page 4 of 5

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and McCrackenweb with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
McCrackenweb with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.

Changes to Terms
McCrackenweb reserves the right, in its sole discretion, to change the Terms under which
mccrackenweb.com is offered. The most current version of the Terms will supersede all previous
versions. McCrackenweb encourages you to periodically review the Terms to stay informed of our
updates.

Contact Us
McCrackenweb welcomes your questions or comments regarding the Terms:

McCracken Industries, LLC
390 N 300 E
Santaquin, Utah 84655

Email Address:
info@mccrackenweb.com

Telephone number:
385-223-0830

Effective as of October 01, 2022