Website Usage Terms
David MacKenzie operates this Site to provide online access to information about David Andrew MacKenzie, Pemberton BC Canada and the products, services (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this Agreement.
David MacKenzie reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by the Agreement as modified.
1. Use of Site
You may use the Service, the Site, and the information (the “Content”) solely for your purposes and/or to learn about David MacKenzie’s Website products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. David MacKenzie reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright Information
The Site and the Content are protected by copyright laws, and belong to David MacKenzie. The copyrights in the Content are owned by David MacKenzie’s Website or other copyright owners who have authorized their use on the Site.
3. Registered Trademarks
You are prohibited from using any of the logos appearing throughout the Site without permission from the trademark owner.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by David MacKenzie’s Website of the third party, the third-party web site, or the information contained therein. David MacKenzie’s Website is not responsible for the actions of any such web sites. David MacKenzie’s Website is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of David MacKenzie’s Website affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those external web sites.
5. Linking to this Site
If you would like to link to the Site, we encourage you to do so. You may connect “deep links” to the Site pages in their own browser frame if you wish.
6. Downloading Files
David MacKenzie cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
7. Software
Any software available for download via the Site is the copyrighted work of David MacKenzie’s Website. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
8. Limitation of Liability
IN NO EVENT WILL David MacKenzie’s Website BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE.
9. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless David MacKenzie’s Website against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
10. Website Privacy Policy
See David MacKenzie’s Website’s Privacy Policy
11. Customer Supplied Information
You agree that any material, information, or data you transmit to us or post to the Site will be considered non-confidential and non-proprietary.
12. General Website Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by David MacKenzie’s Website of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, David MacKenzie’s Website’s Privacy Policy, your use of the Site, any other David MacKenzie’s Website web site, the Service, or the Content are governed by the laws of the province of British Columbia in Canada.
If you would like to make a suggestion regarding this policy or any other area of David MacKenzie’s Website, please send us your comments.