Terms of Use

These Terms of Use are entered by and between visitors ("You", "Your") to this Website and Stewart-MacDonald Manufacturing Company, Inc. ("StewMac", "We", "Us", "Our"). The following terms and conditions, together with any documents they expressly incorporate by reference, (collectively, "Terms of Use"), govern your access to and use of https://www.stewmac.com (the "Website"), including any content, functionality, and services offered through the Website, whether as a guest or registered user. 

  1. Acceptance of the Terms of Use
  2. Changes to the Terms of Use
  3. Information about You and Your Visits to the Website
  4. Accessing the Website and Account Security
  5. Intellectual Property Rights
  6. Prohibited Uses
  7. No Confidentiality
  8. Links from Website
  9. No Guarantee of International Service or Compliance
  10. Disclaimer of Warranties
  11. StewMac Limited Lifetime Warranty
  12. Limitation of Liability
  13. Indemnification
  14. Governing Law and Jurisdiction
  15. Arbitration
  16. Limitation on Time to File Claims
  17. Waiver and Severability
  18. Digital Millennium Copyright Act
  19. Entire Agreement

1. Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start using the Website. By using the Website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, and incorporated herein by reference. If you do not agree to these Terms of Use, do not use this Website.

2. Changes to the Terms of Use

StewMac reserves the right to update or revise these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

3. Information about You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. Accessing the Website and Account Security

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all the information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to portions of this Website using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you logout out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

StewMac has the right to disable any user name, password, or any other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. Intellectual Property Rights

This Website and its contents, features, and functionality (including but not limited to all information software, text, displays, images, video, and audio, and the design, selection, and arrangement) are exclusively owned by StewMac, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not copy, distribute, or create derivative works from any part of this Website (including its graphics, pictorial matter, and text) without the prior written consent of StewMac. Any unauthorized use of the intellectual property or content is a violation of copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of the aforementioned violations may subject you to criminal penalties.

Any names, logos, designs, titles, words, or phrases within this Website, are trademarks, service marks, or tradenames of StewMac and may not be used without the prior written permission of StewMac. StewMac claims no interest in marks owned by other entities not affiliated with StewMac which may appear on this Website.

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States and other countries)
  • To impersonate or attempt to impersonate StewMac, a StewMac employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm StewMac or users of the Website, or expose them to liability.

Additionally, You agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any harmful purpose, including unlawfully monitoring or copying material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Without prior written permission of StewMac use any computer code, mining software, or any other automatic device or program, having similar processes or functionality, or any manual process, to monitor or copy in bulk the data or content found on this site or accessed through this Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

7. No Confidentiality

Should you choose to contact StewMac through the “Contact Us” link with any information, feedback, data, review, ratings, questions, comments, suggestions or the like regarding the content of this Site, the content of any such response shall be deemed not to be confidential and StewMac shall be free to reproduce, use, disclose and distribute the response to others without limitation or compensation, provided that StewMac will always comply with its Privacy Policy, posted on this Website. Further, by choosing to submit a comment or message to StewMac through the “Contact Us” link, you agree to assign to StewMac all copyright interests in your questions, comments, suggestions, or commentary, and agree that StewMac is free to use the contents of your message, or derivatives thereof, without limitation.

8. Links from Website

If the Website contains links to other websites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. No Guarantee of International Service or Compliance

This Website was designed for and is operated in the United States. If this Website is viewed internationally, you are responsible for compliance with applicable local laws.

10. Disclaimer of Warranties

You understand that StewMac cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, STEWMAC 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 THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH STEWMAC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER STEWMAC NOR ANYONE ASSOCIATED WITH STEWMAC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. StewMac Limited Lifetime Warranty

StewMac warrants its products to be free from defects in materials and workmanship, under normal use and maintenance, for the lifetime of the product from the date of the initial retail purchase. Upon return and inspection of the StewMac product, StewMac promises to provide a replacement product of the same or equal value subject to the following conditions, exclusions, and limitations:

  1. The limited warranty set forth above is exclusive. StewMac makes no other warranties, express or implied, and StewMac expressly disclaims all other warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
  2. This warranty is limited to replacement of StewMac products only and does not apply to other manufacturers' products sold by StewMac.
  3. This limited warranty is non-transferable. If your StewMac product was not purchased from StewMac, this voids the warranty. You must provide proof of purchase at the time the product is returned.
  4. This limited warranty may be void and StewMac may refuse to provide a replacement, in its sole discretion, if the StewMac product is damaged due to abuse and misuse by You.

12. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STEWMAC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

13. Indemnification

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

14. Governing Law and Jurisdiction

You and StewMac agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of this Website, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and StewMac also agree and hereby submit to the exclusive personal jurisdiction and venue of the Common Pleas Court of Franklin County, Ohio and the United States District Court for the Southern District of Ohio with respect to such matters.

15. Arbitration

At StewMac’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio Law.

16. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. Waiver and Severability

No waiver by StewMac of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by StewMac to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. Digital Millennium Copyright Act

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request to remove those materials (or the access to them) from the Website by submitting written request(s) to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: dcma@stewmac.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that a material or an activity on the Website, is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

19. Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between you and StewMac with respect to your use of this Website and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and StewMac with respect to this Website. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.