By ordering from McCleary Scientific (“McCleary” or “McCleary Scientific”), you agree to these conditions relating to our services (the “Service(s)” or the “McCleary Services”).
Please read them carefully.
PRIVACY NOTICEPlease review our Privacy Information below, which also governs your use of Services, to understand our practices.
What Personal Information About Customers Does McCleary Gather?
The information we learn from customers helps us personalize and continually improve your McCleary experience. Here are the types of information we gather.
What About Cookies?
Does McCleary Share the Information It Receives?
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries and associates and McCleary controls that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.
How Secure Is Information About Me?
What About Third-Party Advertisers and Links to Other Websites?
Our site includes third-party advertising and links to other Web sites.
Which Information Can I Access?
McCleary gives you access to a broad range of information about your account and your interactions with McCleary the limited purpose of viewing and, in certain cases, updating that information.
What Choices Do I Have?
Are Children Allowed to Use McCleary?
McCleary does not sell products for purchase by children. You may use McCleary only with the involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit McCleary, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Nevada. If you have any concern about privacy at McCleary please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Examples of Information CollectedInformation You Give Us
You provide most such information when you search, buy, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through McCleary or one of our third-party sellers or communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; or otherwise use our services. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; people (with addresses and phone numbers) and financial information, including Social Security and driver's license numbers.
Most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device's settings menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or your device manufacturer.
Information from Other SourcesExamples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate businesses.
When you use any Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of McCleary Scientific or its content suppliers and protected by United States and international copyright laws. The compilation of the content included in or made available through any Service is the exclusive property of McCleary Scientific and protected by U.S. and international copyright laws.
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Service are trademarks or trade dress of McCleary in the U.S. and other countries. McCleary trademarks and trade dress may not be used in connection with any product or service that is not McCleary's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits McCleary. All other trademarks not owned by McCleary that appear in any McCleary Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by McCleary.
One or more patents owned by McCleary apply to the McCleary Services and to the features and services accessible via the McCleary Services. Portions of the McCleary Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, McCleary or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the McCleary Services. This license does not include any resale or commercial use of any McCleary Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any McCleary Service 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. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by McCleary or its licensors, suppliers, publishers, rights holders, or other content providers. No McCleary Service, nor any part of any McCleary Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of McCleary. 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 McCleary without express written consent. You may not use any meta tags or any other "hidden text" utilizing McCleary's name or trademarks without the express written consent of McCleary. You may not misuse the McCleary Services. You may use the McCleary Services only as permitted by law. The licenses granted by McCleary terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any McCleary Service, 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. McCleary does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the McCleary Services only with involvement of a parent or guardian. McCleary reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Where appropriate to McCleary, visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. McCleary reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant McCleary a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant McCleary and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify McCleary for all claims resulting from content you supply. McCleary has the right but not the obligation to monitor and edit or remove any activity or content. McCleary takes no responsibility and assumes no liability for any content posted by you or any third party.
McCleary respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please advise our Service Center.
RISK OF LOSS
All items purchased from McCleary are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
McCleary does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, McCleary does not take title to the refunded item.
McCleary attempts to be as accurate as possible. However, McCleary does not warrant that product descriptions or other content of any McCleary Service is accurate, complete, reliable, current, or error-free. If a product offered by McCleary itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any McCleary Service represents the full retail price listed on the product itself, The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the estimated or suggested retail price for each of the items included in the set.
With respect to items sold by McCleary, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by McCleary is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
Parties other than McCleary operate stores, provide services, or sell product lines. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. McCleary does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MCCLEARY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MCCLEARY SERVICES ARE PROVIDED BY MCCLEARY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MCCLEARY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MCCLEARY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MCCLEARY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MCCLEARY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MCCLEARY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCCLEARY DOES NOT WARRANT THAT THE MCCLEARY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MCCLEARY SERVICES, MCCLEARY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MCCLEARY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MCCLEARY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MCCLEARY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MCCLEARY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of any McCleary Service, or to any products or services sold or distributed by McCleary or through McCleary will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address in Nevada. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any McCleary Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and McCleary.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of McCleary Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.