Your use of the Mahon Jones & Associates (“MJA”) website (the “Website”) constitutes your acceptance of the following terms and conditions (the “Terms and Conditions”). Therefore, please take the time to review them carefully. If you do not agree with any of these Terms and Conditions, do not use the Website.
The Website is operated by MJA. The mailing address for MJA is 1588 Look Out Point, North Vancouver, BC V7G 1X9. In these Terms and Conditions, the terms “we” and “our” refer to MJA.
Modifications and Updates to These Terms And Conditions
MJA reserves the right to update or modify (collectively “change”) these Terms and Conditions at any time and from time to time, without prior or any notice to you. Your use of the Website following any such change constitutes your agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
Ownership and Permitted Use
All of the content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, interfaces and text (collectively “Content”), is the property of MJA or its licensors, as are all trade-mark, copyright, patent and/or other intellectual property rights arising therefrom.
The Content is protected under copyright, trade-mark and other laws of Canada and other countries and MJA owns all copyright in the selection, co-ordination, arrangement and enhancement of the Content. The Content and the Website as a whole, are intended solely for personal, non-commercial use by the users of the Website.
You may download, print and store selected portions of the Content, provided that you: (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or broadcast the Content in any media; (3) do not modify or alter the Content in any way, or delete or change any copyright, trade-mark or other proprietary notice and (4) cite MJA as the author of the Content.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. MJA reserves complete title and all intellectual property rights in any Content you download from this Website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, rent, lend, share, translate, communicate by telecommunication, transfer or create derivative works from the Content, without first obtaining express written permission from MJA.
MAHON JONES & ASSOCIATES, MJA, MAHONJONES.COM and all other trade-marks displayed on the Website (collectively, the “Trade-marks”) are registered and/or common law trade-marks of MJA or its licensors. The trade-marks of any third parties that appear on the Website are used under license. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trade-marks, including the Trade-marks, except with the express written permission of MJA or such other party that may own the applicable trademarks.
In its sole discretion, in addition to any other rights or remedies available to MJA and without any liability whatsoever, MJA at any time and without notice may terminate or restrict your access to any component of this Website.
Any conduct by you that MJA believes restricts or inhibits any other user from using or enjoying the Website is expressly prohibited. You may not use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Content or for any other unauthorized purpose. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not take any action that places a disproportionately large load on the infrastructure of the Website.
We welcome your comments and other feedback (collectively “Comments”) regarding the Website. If you provide to the Website, Comments or any information (including personal information) in relation to an application for membership, you grant MJA a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, delete, reproduce, modify, adapt, publish, translate, share, rent, lend, create derivative works from, distribute, communicate by telecommunication and display such Comments and information throughout the world in any media, now known or hereafter developed, and you waive any and all moral rights in the Comments and such information. You also grant MJA the right to use the name you submit, if any, with such Comments or information, in connection with MJA’s rights hereunder.
You are prohibited from contributing, posting or transmitting to the Website, any infringing, unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Correction of Errors and Inaccuracies
The information on the Website may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior or any notice to you (including after you have submitted an application for membership). We apologize for any inconvenience this may cause you. You may withdraw your membership application at any time by emailing us at firstname.lastname@example.org.
You have read, understood and agreed to our Privacy & Security Policy, the terms of which appear on the Website and are incorporated by reference into these Terms and Conditions, and agree that the terms of such Privacy & Security Policy are reasonable. You consent to the use of your personal information by MJA and/or third parties in accordance with the terms of and for the purposes set forth in our Privacy & Security Policy.
DISCLAIMERS. THIS WEB SITE MAY CONTAIN LINKS TO OTHER SITES AND PUBLICATIONS. MJA DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY OR APPROPRIATENESS OF THE INFORMATION, DATA, OPINIONS, ADVICE, OR STATEMENTS CONTAINED AT SUCH SITES AND PUBLICATIONS, AND WHEN YOU ACCESS SUCH SITES OR DOWNLOAD SUCH PUBLICATIONS, YOU DO SO AT YOUR OWN RISK.
IN PROVIDING LINKS TO THE OTHER SITES AND PUBLICATIONS, MJA IS IN NO WAY ACTING AS A PUBLISHER OR DISSEMINATOR OF THE MATERIAL CONTAINED ON THOSE OTHER SITES OR IN THOSE PUBLICATIONS AND DOES NOT SEEK TO MONITOR OR CONTROL SUCH SITES OR PUBLICATIONS.
A LINK TO ANOTHER SITE OR PUBLICATION SHOULD NOT BE CONSTRUED TO MEAN THAT MJA IS AFFILIATED OR ASSOCIATED WITH THAT SITE OR PUBLICATION. MJA DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES.
THE MENTION OF ANOTHER PARTY OR ITS PRODUCT OR SERVICE ON THIS WEB SITE SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THAT PARTY OR ITS PRODUCT OR SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR THE RETRIEVAL AND USE OF THE CONTENT. YOU SHOULD APPLY YOUR OWN JUDGMENT IN MAKING ANY USE OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, THE USE OF THE INFORMATION AS THE BASIS FOR ANY CONCLUSIONS. THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNALTERED, AND IS NOT TO BE RELIED UPON.
THE CONTENT ON THIS WEB SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL TO MEET YOUR SPECIFIC NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.
THE WEBSITE, ALL LINKED INFORMATION AND THE SERVICES, IF ANY, PROVIDED ON THE WEBSITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND.
TO THE FULL EXTENT PERMITTED BY LAW, MJA DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, ITS CONTENTS AND ALL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, MJA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
MJA IS NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS.
MJA ASSUMES NO RESPONSIBILITY, AND IS NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER CONTENT FROM THE WEBSITE.
MJA DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE.
MJA MAKES NO REPRESENTATION THAT THE CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF CANADA.
MJA ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF OR INABILITY TO USE ANY OF THE SERVICES OR THE CONTENT PROVIDED ON THE WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL MJA, ITS AFFILIATES, AND THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MEMBERS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES.
UNDER NO CIRCUMSTANCES, WILL MJA, ITS AFFILIATES , AND THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MEMBERS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY LOSS, LIABILITY OR DAMAGES SUFFERED AS A RESULT OF YOUR USE OR RELIANCE ON THE CONTENT OF THIS WEB SITE, INCLUDING ANY PUBLICATIONS.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED SAVINGS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF MJA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICES OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.
NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON MJA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, THE CONTENT OR THE SERVICES, THEN THE TOTAL AGGREGATE LIABILITY OF MJA UNDER SUCH CIRCUMSTANCES WILL NOT EXCEED $100.00 (Canadian funds).
You agree to indemnify and save harmless MJA, its affiliants, and their employees employees, consultants, representatives, members and agents from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable professional fees, brought against or suffered or incurred by MJA as a result of your use of the Website.
The Website may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by MJA of the linked web site or information contained therein. MJA is not responsible for the content of any other web sites and makes no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.
These Terms and Conditions and your use of the Website will be governed by and interpreted in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia, including the Federal Court of Canada, Vancouver Registry, in all disputes arising out of or relating to your use of or inability to use the Website and these Terms and Conditions.
These Terms and Conditions are severable. If any provision of these Terms and Conditions is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
These Terms and Conditions, together with those documents incorporated or referred to herein, constitute the entire agreement between you and MJA relating to your use of the Website, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express agreement of MJA in writing, or by MJA making such amendments or modifications available to you pursuant to a modification of these Terms and Conditions as permitted herein.