USER TERMS AND CONDITIONS

This User Terms and Conditions Agreement (hereafter “ User Terms”) governs the use of McVickerStreet.com (hereafter "Site") for guests and registered users.  Use of the site by approved Makers will be governed under a separate agreement “Maker Terms and Conditions Agreement”.  By accessing, browsing or using this Site, you acknowledge that you have read, understood and agreed to be bound by these User Terms. 

McVickerStreet may revise these User Terms at any time as it sees fit.  It is your responsibility to review these User Terms from time-to-time to ensure you understand all terms and conditions governing use of this Site.

Use of the Site

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We may, at our sole discretion and without notice to you, revise or restrict access to the products and services available on the Site and will not be liable to you or to any third party for doing so. Your continued use of the Site will constitute your acceptance of any such changes.

The Site may only be used for noncommercial personal use and in compliance with these User Terms.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

You are expressly restricted from all of the following:

  • Selling, sublicensing and/or otherwise commercializing any Site material, or violating the intellectual property rights of McVickerStreet and/or its approved Makers
  • Using this Site to engage in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
  • Using this Site to engage in any advertising or marketing
  • Using this Site in any way that is damaging to the Site
  • Attempting to interfere in any way with the Site, network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
  • Using this Site in a way that causes, or may cause, harm to any person or business entity
  • Engaging in any data mining or similar activity while using this Site
  • Contributing content for product descriptions, product reviews, blogs, or blog comments is subject to guidelines that restrict the following, or similar, types of content:
    • Communicating or transmitting any material on this Site that infringes on any intellectual property of another person or entity
    • Posting any information which is untrue, inaccurate or not your own
    • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
    • Use obscenities, discriminatory language, or other language not suitable for a public forum
    • Post advertisements, “spam” content, or offers
    • Post contact information such as email addresses, phone numbers, or physical addresses
    • Post critical or spiteful comments of other content posted on the Site

We reserve the right to monitor, review and approve all comments or content posted to the site and remove any contents at any time without your consent.

Intellectual Property Rights

Other than content you own and voluntarily provide (see the Privacy and Cookie Policy), McVickerStreet and/or its approved Makers own all rights to the intellectual property and material contained in this Site, and all such rights are reserved.  Nothing contained within the Site should be construed as granting any license or the right to use any trademark of either McVickerStreet or our approved Makers without the prior written consent of the owner of the Site.

Transactions

You agree that by placing an order on the Site, you are entering into a binding contract with McVickerStreet and agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping charges and any taxes that may be applicable.

You have the right to cancel your order at any time prior to the shipment of the order.  After shipment you will be subject to the Returns Policy.

We will strive to maintain accurate product availability and pricing information on the site.  In the event that we discover inaccurate pricing or incorrect inventory quantities we reserve the right to cancel the order and refund your purchase without further obligation to complete the original order.

Our approved Makers create one-of-a-kind and small batch products.  In the case of stock-outs we cannot guarantee that the same product will be made available.

McVickerStreet will attempt to ship your order within 2 business days after your order payment has cleared but cannot guarantee this timeframe.  Once shipped, responsibility for the safe and timely handling of the order shifts to you and the carrier.  Please refer to the Shipping Policy for a full review of McVickerStreet’s shipping practices, terms and conditions.

McVickerStreet uses Braintree by PayPal to process your payments.  As part of our order processing procedures, we will screen your payment information for fraud or other types of unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address provided to review your order.  Please refer to the Privacy and Cookie Policy for a detailed description of Braintree’s secure payment process.

Taxes will be charged to your order based on the delivery address provided.  For international orders we do not have a method of charging accurate import fees or duties and you will be responsible for those charges as required by your local laws and regulations.

Warranties

This Site is provided “as is,” with all faults, and McVickerStreet makes no express or implied representations or warranties, of any kind related to this Site or the materials contained on this Site. Additionally, nothing contained on this Site shall be construed as providing consult or advice to you.

You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

MCVICKERSTREET DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS PROVIDED BY APPROVED MAKERS.

Limitation of liability

IN NO EVENT SHALL MCVICKERSTREET, APPROVED MAKERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE) ARISING FROM THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE.  IN NO EVENT SHALL THE TOTAL LIABILITY OF MCVICKERSTREET, OR ITS APPROVED MAKERS, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM USE OF THIS SITE OR THE PRODUCTS PROVIDED, EXCEED THE AMOUNT YOU PAID TO MCVICKERSTREET IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

Indemnification

You hereby indemnify to the fullest extent McVickerStreet from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these User Terms.

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between McVickerStreet and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Minnesota, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Minnesota for the resolution of any disputes.

Should you have any questions regarding these Terms you may contact McVickerStreet at Contact Us.

Copyright © 2018 McVickerStreet. All rights reserved.