Terms and Conditions of Use
The McKenzie Institute Terms and Conditions of Use
Welcome to the web site operated by The McKenzie Institute USA ("MIUSA"). This web site ("Web Site") provides general information about MIUSA and its services or products free of charge. All uses of the MIUSA Web Site are subject to the following terms and conditions of use (these "Terms of Use").
Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Privacy Policy which is incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.
MIUSA may revise and update these Terms of Use at any time by posting the amended terms to this Web Site. Your continued use of the MIUSA Web Site means that you accept and agree to the revised Terms of Use. Accordingly, when you visit this Web Site, you should periodically check to see if a new version of these Terms of Use have been posted. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
This Web Site is offered and available to users who have reached the age of majority in the applicable jurisdiction. By using this Web Site, you represent and warrant that you have reached the age of majority in the applicable jurisdiction and are of legal age to form a binding contract with MIUSA. If you do not meet all of the foregoing eligibility requirements, you are prohibited from accessing or using the Web Site.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof (collectively, the "Content"), are owned by and proprietary to MIUSA, its licensors or other providers of such material and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary or intellectual property rights laws. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site without the prior written consent of MIUSA, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the MIUSA Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material on this Web Site are transferred to you, but remain with MIUSA or the applicable owner of such content. Except as expressly authorized by MIUSA in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site, or use of this Web Site or of any services or materials available through this Web Site.
SCOPE OF USE
You agree to use the Web Site only for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Web Site. You agree to use the Web Site solely for personal purposes related to your status as a potential or current customer of MIUSA. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior express written permission of MIUSA. Any unauthorized use of any Content from the Web Site may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.
TRADEMARKS
The term "The McKenzie Institute" is a trademark and The McKenzie Institute logo and all related product and service names, designs and slogans are MIUSA trademarks. All rights are reserved by MIUSA, and you may not use, reproduce, download, disseminate, alter or transfer such marks in any form or by any means without MIUSA's prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
PASSWORD OBLIGATIONS
You agree to accept responsibility for all activities that occur under your username and password. You are responsible for maintaining the confidentiality of your password, and for restricting access to your computer so that others may not access this Web Site in your name and under your username and password. You agree to immediately notify MIUSA of any unauthorized use of your username or password or any other breach of security. MIUSA shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
MEDICAL ADVICE IS NOT PROVIDED ON THIS WEB SITE
The information and content contained on the MIUSA Web Site is for informational purposes only and is never intended to be a substitute for or relied on for professional medical advice, diagnosis or treatment.
If you think you may be experiencing a medical emergency, immediately call your doctor or 911 (if you live in the United States). You should always seek the advice of your physician or other qualified health provider concerning your health or any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking such advice because of information or opinions on the MIUSA Web Site. MIUSA does not recommend or endorse any specific tests, products, equipment, procedures, opinions, or other information that may be mentioned on the Web Site, and MIUSA does not make any representations regarding their quality reliability or accuracy. Reliance on any information provided by MIUSA, MIUSA employees and medical staff, or other visitors or contributors to the Web Site is solely at your own risk.
LIABILITY OF MIUSA AND ITS LICENSORS
MIUSA does not assume any liability for the materials, information and opinions provided on, or available through, the MIUSA Web Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. MIUSA disclaims any liability for injury or damages resulting from the use of any Site Content.
THE MIUSA WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER MIUSA NOR ANY PERSON ASSOCIATED WITH MIUSA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE MIUSA WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER MIUSA NOR ANYONE ASSOCIATED WITH MIUSA WARRANTS OR REPRESENTS THAT THE MIUSA WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE MIUSA WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE MIUSA WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MIUSA DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MIUSA, ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OWNERS, DIRECTORS OR CONTRACTORS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE MIUSA WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE MIUSA WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY MIUSA AND WHETHER OR NOT MIUSA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless MIUSA, its affiliates, licensors and service providers and its and their and respective officers, directors, employees, agents, owners, contractors and successors and assigns and others involved in the MIUSA Web Site or the delivery of products, services or information from the MIUSA Web Site, from and against any and all liabilities, claims, expenses, damages and costs, including reasonable attorney's fees, arising out of or relating to any violation by you of these Terms of Use or your use of the MIUSA Web Site or any products, services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
All information collected by MIUSA is subject to our Privacy Policy (“Privacy Policy”) which is incorporated by reference into these Terms of Use. By using the Web Site, you consent to all actions taken by MIUSA with respect to your information in compliance with the Privacy Policy.
COMMENTS AND SUBMISSIONS
MIUSA welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by MIUSA or its advertisers or business partners or in response to solicitations on this Web Site, will become MIUSA's property, and you agree that all intellectual property rights therein are transferred to MIUSA. You understand that any postings to publicly available portions of the MIUSA Web Site are non-confidential for all purposes.
LINKS TO OTHER SITES
The MIUSA Web Site may contain links to other web sites on the Internet. MIUSA is not responsible for and does not endorse the content, products or services of any third-party web sites, including, without limitation, sites framed within the MIUSA Web Site or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
If you choose to correspond, participate in a promotion or engage in transactions with any merchant linked to through this Web Site, you acknowledge and agree that MIUSA is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that MIUSA will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of links to such merchants on this Web Site.
COMPLIANCE
The owner of this Web Site is based in the State of New York, USA. MIUSA makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
VIOLATIONS
Any violation of these Terms of Use (as determined by MIUSA in its sole discretion) may result in restriction or termination of your access to all or part of the Web Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of MIUSA.
CONTACT
Please contact the MIUSA administrative office at 800.635.8380 or [email protected] if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and MIUSA with respect to the MIUSA Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the MIUSA Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the MIUSA Web Site shall be in the state or federal courts located in Syracuse, New York, although MIUSA retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to submit to the jurisdiction of such courts.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
MIUSA's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and MIUSA nor any trade practices shall be deemed to modify these Terms of Use.
The effective date of these Terms of Use is December 10, 2018.