Agreement between the User and McElhinney & Associates (“we”, “us”, “our”, “The Business”, “Business”).
Our Website is comprised of various Web pages operated by us. Our Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of our Website constitutes your agreement to all such terms, conditions, and notices.
We reserve the right to change the terms, conditions, and notices under which our Website is offered, including but not limited to the charges associated with the use of our Website.
Links to Third Party Sites
Our Website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of our Website, you warrant to us that you will not use our Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use our Website in any manner which could damage, disable, overburden, or impair our Website or interfere with any other party’s use and enjoyment of our Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through our Website.
Use of Communication Services
Our Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
• We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials at our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorised spokespersons, and their views do not necessarily reflect those of the Business. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to Us or Posted at Any Business Website
We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any of our Websites or their associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of our Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You may view or download for caching purposes only, and print pages from the Website, provided that:
a) You must not reproduce duplicate, copy, sell, resell, visit or otherwise exploit our Website or material on our Website for a commercial purpose, without our express written consent.
b) You must not republish material from this Website (including republication on another website) reproduce or store material from this Website in any public or private electronic retrieval system. (Though we encourage fair use for academic/non-commercial purposes with appropriate attribution)
The information, software, products, and services included in or available through our Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Business and/or its suppliers may make improvements and/or changes to our Website at any time. Advice received via our website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. We and/or our suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on our website for any purpose.
To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. We and/or our suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement to the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or
performance of our website, with the delay or inability to use our website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through our website, or otherwise arising out of the use of our website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.
The Business reserves the right, in its sole discretion, to terminate your access to the Business Website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the Republic of Ireland and you hereby consent to the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of our Website. Use of our Website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Business as a result of this agreement or use of our Website. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our Website or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
We own the intellectual property rights in, and material on, the Website, unless stated otherwise. Such rights include, but are not limited to, registered and unregistered trademarks and copyright-protected works. This Website may contain technical or general inaccuracies and typographical errors. We reserve the right to update or change information on this Website without notice. We may also make changes and/or improvements to its products described in this Website at any time without notice.
If you have any queries on our Terms and Conditions, please contact us.