Terms of Use

TERMS OF USE OF McELHANNEY WEBSITE

Please read the following legally binding terms and conditions before using this website (the “Site”).  Your access to the Site is subject to these terms and conditions.  By accessing and using the Site, you are accepting these terms and conditions without limitation and agree to be bound by them INCLUDING THE DISCLAIMERS AND LIMITATION OF LIABILITY CONTAINED HEREIN.  If you do not agree to these terms and conditions, do not access or use the Site.

Reference anywhere on the Site to “McElhanney” means, as the specific context may require, The McElhanney Group Ltd. or all, or one or more, of its affiliated companies, subsidiaries, divisions or branches.

 1. Ownership and Use of Site

The Site is owned by McElhanney.  All content, data, graphics, logos, photos, images, videos, software, trade-marks and other information (collectively, the “content”) appearing on the Site are the property of McElhanney or third party licensors, or both.  The content is protected by Canadian laws and international treaties governing copyright and trade-marks.

2. Disclaimers and Limitation of Liability

THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  McELHANNEY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ITS CONTENT AND THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE OR ANY CONTENT, WARRANTIES FOR MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES THAT THE SITE’S OPERATION WILL BE ERROR-FREE, AND WARRANTIES FOR NO INFRINGEMENT. 

McELHANNEY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR RESPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, INCLUDING ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH:  A) THE SITE, ITS CONTENTS OR THE USE THEREOF;  B) YOUR USE OF OR RELIANCE ON THE SITE AND ITS CONTENTS;  C) UNAUTHORIZED THIRD PARTY SECURITY BREACHES OR THE RESULTS THEREOF;  OR D) VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ITS CONTENT. 

THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY EVEN IF McELHANNEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, LOSSES, COSTS, DAMAGES OR INJURIES.  YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING THE SITE.

3. Intellectual Property:  Copyright and Trade-marks

McElhanney, or other third parties, own all intellectual property rights to the Site and to the content made available to you on the Site.  No title to the intellectual property in the Site or the content on the Site is transferred to you by these Terms of Use.  Except as set forth in these Terms of Use, McElhanney prohibits the publishing, posting, transmitting, modifying, transmitting, selling, redistributing or copying of any of the content on the Site without its prior express written permission.  Notwithstanding the foregoing, McElhanney hereby authorizes you to display on your computer, download and print pages of the Site on the following terms and conditions:  a) this copyright notice appears on all such printouts;  b) the information will not be modified or altered in any way;  and c) the content is only to be used for personal educational and non-commercial use and will not be redistributed, published or copied in any other fashion.

McElhanney and other third parties are the owner of the registered and unregistered trade-marks, logos and service marks displayed on the Site (collectively, the “Trade-marks”). All rights are reserved.  You may not use any of the Trade-marks without McElhanney’s prior written consent or the consent of the third party that owns a Trade-mark.  The absence of any logo, trade-mark or trade name of McElhanney from the Site does not constitute a waiver of any intellectual property rights of McElhanney regarding such logo, trade-mark or trade name.

4. Software

Except for software expressly identified as belonging to McElhanney, any software available for download through the Site is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users.  McElhanney does not sell or resell such software on the Site and does not grant a license or sub-license to use such software to you.  McElhanney shall not be responsible or liable for such software and you hereby agree to indemnify and hold McElhanney harmless with respect to any liability relating to such software.  In the event of any inconsistency between these Terms of Use and those contained in any license agreement entered into with a software vendor, the terms contained in these Terms of Use shall prevail.

5. Indemnity

You hereby agree to indemnify, defend and hold harmless McElhanney, its directors, officers, employees, agents and representatives with respect to any claims, demands, causes of action, claims notices, liabilities, costs and expenses (on a solicitor and own client basis), sustained or paid by McElhanney relating to or arising from any breach of these Terms of Use by you or otherwise from the use or access of the Site or the content on the Site by you.

6. Links

McElhanney may make links on the Site available from time to time (“Links”) which will allow you to access other websites which are not maintained or controlled by McElhanney.  McElhanney is providing you with the Links for your convenience only and is not responsible for the content of any linked websites.  McElhanney does not make any representation and does not provide any endorsement whatsoever with respect to any linked website or the content thereof.

7. Downloading Data

You assume the risk of any damages or losses resulting from the downloading of any content through the Site (or the downloading of any content or software from any websites accessed through Links).  It is solely your responsibility to ensure that any content you download is free from viruses.

8. Changes to Terms of Use

McElhanney reserves the right to make changes to these Terms of Use at McElhanney’s sole discretion and without notice.  You agree to review these Terms of Use each time you access and use the Site and to be bound by such Terms of Use as are in effect when you access the Site.

9. Reservation of Rights.

All rights not expressly granted in these Terms of Use are reserved to McElhanney.  Nothing contained in these Terms of Use shall be construed as conferring implicitly, by estoppel or otherwise, a license or right under any copyright, patent, trade-mark or other intellectual property right of McElhanney or any third party.

10. Miscellaneous

You agree that these Terms of Use describe the entire agreement between you and McElhanney with respect to the subject matter contained herein.  These Terms of Use will be governed by the laws in force in the Province of British Columbia and the venue for any claim or cause of action arising out of or related to the Site shall be a court of competent jurisdiction in Vancouver, British Columbia.  If any provision of these Terms of Use is held to be prohibited by law or invalid under applicable law, such provision will be ineffective only to the extent that such provision is prohibited or invalid, without prohibiting or invalidating the remainder of such provision or the remaining provisions of these Terms of Use.  The failure of McElhanney to require strict compliance with any of these Terms of Use shall not be construed as a waiver of any of them.

BY USING THE SITE OR ITS CONTENTS YOU ARE AGREEING TO BE BOUND BY AND BECOME A PARTY TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE EXIT AND DO NOT USE THE SITE OR ITS CONTENTS.

For any questions or comments regarding these Terms of Use or the Site, please contact McElhanney at media@mcelhanney.com

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