YOU MAY NOT APPLY FOR A JOB OR OTHERWISE USE THIS WEBSITE IF YOU (i) DO NOT AGREE TO THESE TERMS, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH McLANE, OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
These Terms and all other documents referenced in these Terms govern the relationship between you (“you”) and McLane with respect to your access and use of the Website. You agree that the agreement formed by these Terms is binding like any written, negotiated agreement signed by you, and you agree to be bound by, and fully comply with, these Terms. You represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform and otherwise discharge all of your obligations described in these Terms.
These Terms are subject to change by McLane at any time in its discretion. Your use of this Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly.
Those who choose to access the Website do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. We reserve the right to limit the availability of the Website, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.
In order to access and use certain services available on this Website, like saving job postings you are interested in, you must register for an account (“Account”) with us. If you do not agree to these Terms, you do not have the right to use such services.
During the registration process we will collect personal information that may include (but is not limited to) your name, email address, password, address, and phone number. Your information may be used by us:
• to verify your eligibility to create and to maintain your Account and to use features of the Website limited only to registered users;
• to ensure that your Account, including your email, is unique;
• to enable us to provide certain security and privacy safeguards;
• to deal with security, debugging and technical support issues;
• to protect ourselves and others from abuse;
• to complete transactions with you made via the Website; and
(i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your Account and your ability to use this Website and we will not be responsible for any consequences resulting from such untrue, inaccurate or incomplete information provided by you.
You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any lawful reason in our sole discretion. You are responsible for the confidentiality and use of your username and password and agree not to transfer your right to use or access this Website via your username or password to any third person.
YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We are not liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
This website is based and administered in the United States of America. The website is governed by the law of Texas, in the United States (see section on Governing Law and Venue below), and is not directed at users based outside of the United States.
RESTRICTIONS ON USE
You have a nonexclusive, nontransferable, limited, revocable right to use this Website solely to obtain information about McLane and to view and apply for jobs. You must not use this site for any other purpose, including any commercial purpose, without McLane’s express prior written consent.
For example, you must not (and must not authorize any other party to) (i) co-brand this site or any portion thereof, or (ii) frame this site or any portion thereof, or (iii) link to this site or any portion thereof (other than the homepage), without the express prior written permission of an authorized representative of McLane. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the site or content accessible within the site.
This Website may be linked to other websites not maintained by, or related to, McLane. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Website or McLane. McLane has not reviewed any or all of such websites and is not responsible for the content of those websites. Links are to be accessed at your own risk, and McLane makes no representations or warranties about the content, completeness, safety, or accuracy of these links or the associated websites. The inclusion of any link to a third-party website is not an endorsement by McLane of that website.
You understand that McLane cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and anti-malware tools to satisfy your particular requirements for information technology security, and for maintaining a means external to the site for the reconstruction of any lost data. McLane does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace McLane’s written reports, statements and notices. Investors, borrowers and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT NOT PROHIBITED BY LAW, McLANE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMERS OF IMPLIED WARRANTIES, AND SO THE DISCLAIMER OF IMPLIED WARRANTIES ABOVE MAY NOT APPLY TO YOU.
McLANE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. McLANE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND McLANE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT McLANE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE, ITS CONTENT OR PRODUCTS. McLANE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
LIMITATION ON LIABILITY
McLANE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF McLANE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OF THOSE TYPES OF DAMAGES MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU WILL INDEMNIFY AND HOLD McLANE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY THE INDEMNIFIED PARTIES FOR ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS WEBSITE.
Any trademarks, service marks and logos appearing in this Website are the property of McLane or the party that provided the trademarks, service marks and logos to McLane. McLane and any party that provided trademarks, service marks and logos to McLane retain all rights with respect to any of their respective trademarks, service marks and logos appearing in this Website. You are not authorized to use any trademark, service mark, or logo of McLane without our written permission. Any permitted use must comply with McLane’s trademark usage guidelines.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this Website any material that:
• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this Website;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the Website;
• includes MP3 format files;
• amounts to a ‘pyramid’ or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website; or
• contains links to other websites that contain content that falls within the descriptions set forth above.
McLane reserves the right, but does not have the obligation, to monitor use of this Website to determine compliance with these Terms, as well the right to remove or refuse any information for any lawful reason. Notwithstanding these rights, you remain solely responsible for the content of your postings. You acknowledge and agree that neither McLane nor any third party that provides Content to McLane will assume or have any liability to you with respect to the content of any of your postings.
You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, McLane reserves the right to release your details to law enforcement and system administrators at other websites in order to assist them in resolving security incidents. McLane reserves the right to investigate suspected violations of these Terms. McLane reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing McLane to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS McLANE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY McLANE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER McLANE OR LAW ENFORCEMENT AUTHORITIES. GOVERNING LAW AND VENUE
The failure by McLane to enforce any right or provisions of these Terms will not constitute or be deemed to be a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by the party against whom such waiver is sought to be enforced.
Last updated: September 30, 2022