Terms of Use

Terms of Use

Effective Date:  September 2023

Acceptance of the Terms of Use

These Terms of Use (“Terms”) are entered into between you and Montana Caliber, Inc. (“MC Inc”).  The following terms and conditions, together with any documents they incorporate by reference, govern your access to and use of the websites www.mcrcmt.com (collectively referred to as the “Website”), including any content, functionality, and services offered on or through the Website.

Please read these Terms before you start to use the Website.  By using the Website, or by visiting any area or page on the Website, you accept and agree to be bound and abide by these Terms and MC Inc Policies.  If you do not agree to be bound by these Terms and to follow all applicable laws, you should leave the Website immediately. 

These Terms May Change

MC Inc may revise and update these Terms from time to time in its sole discretion and without prior notice.  All changes are effective immediately.  Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

Intellectual Property Rights

The term “Content” refers to all of the software and code comprising or used to operate the Website, as well as all of the text, photographs, designs, images, illustrations, graphics, sound recordings, audio-video clips, and other materials available on the Website. 

The Website and the Content are owned by MC Inc, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  All Content is or may be copyrighted as a collective work under the U.S. copyright laws. 

The presence of any Content on the Website does not constitute a waiver of any right in such Content.  Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, modified, displayed, posted, or transmitted in any form without MC Inc’s express prior written permission. 

Licenses and Restrictions

MC Inc grants you a limited, non-exclusive, revocable license to access and make personal, noncommercial use of the Website and the Content.  You have permission to lawfully access and use the Website and to display, download, or print portions of the Website on a temporary basis and for your personal, noncommercial use only, provided that you (1) do not modify the Content; (2) retain any and all copyright and other proprietary notices contained in the Content; and (3) you do not copy or post the Content on any network computer or broadcast the Content in any media. 

Trademarks

The MC Inc names and logos, all product names, and all related names, logos, product and service names, designs, and slogans (the “Marks”), whether registered or not, are trademarks of MC Inc.  You must not use the Marks without the prior written permission of MC Inc.  All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, or otherwise shown on the Website are the property of their respective owners. 

Digital Millennium Copyright Act

It is not MC Inc’s practice to permit materials known by MC Inc to infringe another’s copyright to remain on the Website.  If you believe any materials on the Website infringe your copyright, you should provide MC Inc a notice in accordance with the Digital Millennium Copyright Act. 

Disclaimer of Warranties

MC INC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR ITS CONTENT.  THE WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE ON AN “AS IS” BASIS.  YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICE OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  MC INC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MC INC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS, INCLUDING VIRUSES.  MC INC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WHICH IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.  MC INC IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS WEBSITE. 

TO THE FULLEST EXTENT ALLOWED BY LAW, MC INC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR LINKED TO THE WEBSITE. 

Without limiting any of the foregoing, certain products offered on the Website or through MC Inc’s dealers may be covered by a manufacturer’s product warranty, and the limitations and disclaimers set forth herein will not limit or restrict any such warranty.  You may find more information regarding MC Inc’s warranties here.

Indemnification

You agree to defend, indemnify, and hold harmless MC Inc, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, use of the Website’s Content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Links to Sites Operated by Third Parties

The Website may provide links to websites operated by third parties.  MC Inc is not responsible for examining or evaluating, and MC Inc does not warrant the products or offerings of any of these businesses or individual or the accuracy or content of those websites.  Before you use any website, you should review the applicable terms of use and policies.  The inclusion of a link in this Website does not imply MC Inc’s endorsement of the website.  If you decide to access a linked third-party website, you do so at your own risk.  

The Website utilizes Google Maps API for certain features, including MC Inc’s (https://www.mcrcmt.com).  By using these features, you agree to be bound by Google’s applicable Terms of Service, available.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of the Terms shall remain in full force and effect.

Governing Law, Jurisdiction, and Venue

MC Inc’s headquarters are in Helena, MT.  These Terms shall be governed under the laws of the State of Montana without regard to its conflicts of law provisions.  All actions or proceedings arising out of or relating to these terms shall be venue exclusively in state court in Lincoln County, Montana, or in the southern division of federal district court in the district of Montana.  You consent and submit to the personal jurisdiction of said courts for all purposes and waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.