TERMS & CONDITIONS OF USE / LEGAL NOTICE
IMPORTANT! Please carefully read the following terms and conditions ("Terms") governing your use (including access, browsing and/or use of any interactive features) of those portions of the JUSTINA MCCAFFREY website accessible at www.justinamccaffrey.com, as well as and including any other JUSTINA MCCAFFREY websites or web pages accessible through the JUSTINA MCCAFFREY website or other promotional websites JUSTINA MCCAFFREY hosts or sponsors such as mini-sites or pages on third party social networking services, directed at consumers in selected countries, including those portions of the JUSTINA MCCAFFREY website accessible by going to www.justinamccaffrey.com and selecting a particular region.
Use of the Sites is subject to these legally binding Terms and constitutes your agreement to be bound by and to act in accordance with these Terms. We reserve the right to change the Terms at any time. Any such changes will be posted on the Sites and you agree to be bound by such changes.
2. Ownership Rights/Use of Sites Materials
JUSTINA MCCAFFREY Inc. and/or its worldwide affiliates own all right, title and interest in and to the Sites and/or own the content and applications on the Sites (including on social network websites).
JUSTINA MCCAFFREY Inc. owns all copyrights for all material on the Sites or has a valid right from a third party to use the material on the Sites. JUSTINA MCCAFFREY Inc. also owns all trademarks, trade names, logos and domain names used on or in connection with the Sites, or has a valid right from a third party to use any such material. Any modification or use of the materials from the Sites for any purpose not explicitly permitted is a violation of JUSTINA MCCAFFREY Inc's copyright and other proprietary rights.
No part of the Sites may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any manner whatsoever, except for viewing purposes, without the prior written consent of JUSTINA MCCAFFREY Inc. This prohibition also includes framing, mirroring or archiving any content from the Sites, as well as unauthorized linking.
All rights not expressly granted in these Terms are reserved. The act of accessing or downloading any part of the Sites or any of the materials available on the Sites does not transfer any right or ownership of such materials to you, and such materials may only be used in accordance with these Terms.
3. Disclaimer/Limitation on Liability
USE OF AND BROWSING IN THE SITES ARE AT YOUR OWN RISK. NEITHER JUSTINA MCCAFFREY Inc. NOR ANY PARTY REPRESENTING OR OTHERWISE AFFILIATED WITH JUSTINA MCCAFFREY INC IN CREATING OR PRESENTING THE SITES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITES. TO THE EXTENT PERMITTED BY LAW AND WITHOUT LIMITING ANY OF THE FOREGOING, EVERYTHING ON THE SITES IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILTY, FITNESS FOR A SPECIFIC PURPOSE, FREEDOM FROM COMPUTER VIRUS, OR NON-INFRINGEMENT. Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
4. Solicited and Unsolicited Materials
Through the Sites, we request that you provide to us certain types of information so that we may better serve you. The requested information may include questions and comments about our products. Please do not provide us with materials, including but not limited to business, advertising, creative, marketing or any other types of proposals, concepts, know-how, ideas and the like ("Unsolicited Materials"). By submitting any Unsolicited Materials, you agree that we shall have the sole discretion as to how to utilize such Unsolicited Materials and you automatically provide to us a perpetual, royalty free license to such end. If any Unsolicited Materials that you provide to us are protected by third party copyright, trademark or other proprietary rights, you agree to indemnify, defend, and hold harmless JUSTINA MCCAFFREY Inc., its parent, subsidiaries and/or affiliated entities, and its and their respective officers, directors, employees, agents, licensors, representatives, and third party providers (collectively, “the JUSTINA MCCAFFREY Inc. Indemnitees”), against any claims or actions brought against any of the JUSTINA MCCAFFREY Inc. Indemnitees arising out of or relating to our use or possession of the Unsolicited Materials.
JUSTINA MCCAFFREY Inc. is not responsible for third party websites that link to or from the Sites. JUSTINA MCCAFRREY Inc. does not endorse any such sites or the goods or services offered on such sites. JUSTINA MCCAFFREY Inc. disclaims all responsibility for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such sites. JUSTINA MCCAFFREY Inc. shall not be held liable or responsible for the content of any sites that link to or from the Sites.
6. Accuracy of Information
JUSTINA MCCAFFREY Inc. takes reasonable steps to ensure the accuracy of the information included in the Sites. However, JUSTINA MCCAFFREY Inc. takes no responsibility for errors or omissions in the content of the Sites and does not guarantee the accuracy, completeness or timeliness of information provided on the Sites. Information provided on the Sites is subject to change at any time without prior notice.
7. No Waiver
The failure on the part of JUSTINA MCCAFFREY Inc. to enforce any part of these Terms shall not constitute a waiver of any of JUSTINA MCCAFFREY INC's rights hereunder for past or future actions.
Any dispute over the content or use of the Sites shall be governed by the substantive laws of Canada and the Province of Ontario, and the jurisdiction and venue of any such action shall be vested in the courts of the Province of Ontario.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms and shall not affect the validity and enforceability of any remaining provisions.
JUSTINA MCCAFFREY may change these Terms at any time by posting changes on the Sites. Any changes are effective immediately upon posting. The continued use of the Sites constitutes your agreement to any revised Terms.
BY USING THE SITES, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THE TERMS & CONDITIONS OF USE.
LAST UPDATED: December 2012
© JUSTINA MCCAFFREY Inc, 2013 All Rights Reserved.