TERMS AND CONDITIONS
INTRODUCTION:
This page states the “Terms and Conditions” under which you may use billmcintosh.com, (“the web site”) of “McIntosh Marketing & Consulting”. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. McIntosh Marketing & Consulting may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing this web site for any reason.
THE SERVICE:
The Service consists of a browser interface, email, data encryption, data publishing, data transmission, data access (as available) and, if applicable, synchronization software and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all third-party access charges (e.g., kiosk, ISP, telecommunications) incurred while using the Service. McIntosh Marketing & Consulting makes no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service. McIntosh Marketing & Consulting reserves the right to change the Service or the terms and conditions of this Agreement at any time without notice.
USE OF PROPRIETARY SOFTWARE:
Subject to the terms and conditions of this Service Agreement, McIntosh Marketing & Consulting grants you an individual, personal, non-sublicensable, non- exclusive and non-transferable license (the “License”) to use its proprietary software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Service Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software; use the software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels on the software. As between the parties, you acknowledge that McIntosh Marketing & Consulting and its licensors retain ownership of all software, any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and you will destroy and cease to use the software. THE SOFTWARE IS PROVIDED “AS IS” AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT.
USER SUBMISSIONS:
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. McIntosh Marketing & Consulting does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. McIntosh Marketing & Consulting acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, McIntosh Marketing & Consulting may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. McIntosh Marketing & Consulting has no liability or responsibility to users for performance or nonperformance of such activities. McIntosh Marketing & Consulting reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. McIntosh Marketing & Consulting may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for McIntosh Marketing & Consulting or may cause McIntosh Marketing & Consulting to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of the Web Site, including message boards, forums, contests and chat rooms, you grant McIntosh Marketing & Consulting and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
Acceptable Site Use:
Do Not post to billmcintosh.com any incomplete, false or inaccurate information or information which is not yours to provide.
Using automated submissions in any way related to this website is specifically prohibited.
Web Site Security Rules: Users are prohibited from violating or attempting to violate the security of McIntosh Marketing & Consulting, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which such user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing”, or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any McIntosh Marketing & Consulting packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. McIntosh Marketing & Consulting will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
General Rules: Users may not use this Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity or other personal rights of others, or (c) that is libelous obscene, threatening, abusive or hateful.
USER INFORMATION:
When you register for the Web Site, you will be asked to provide McIntosh Marketing & Consulting with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that McIntosh Marketing & Consulting may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. McIntosh Marketing & Consulting reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by McIntosh Marketing & Consulting or by third parties. McIntosh Marketing & Consulting may also send to you via email an informative newsletter or tips on using the services offered. Please see McIntosh Marketing & Consulting’s Privacy Policy for further details regarding your Information.
REGISTRATION AND PASSWORD:
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify McIntosh Marketing & Consulting of any unauthorized use of your registration or password.
PAYMENT OF FEES:
(NOT APPLICABLE TO FREE SERVICE) If you elect to purchase additional services (“additional services”), you agree to provide McIntosh Marketing & Consulting with accurate and complete billing information, including your legal name, address and telephone number, and to update this information within 30 days of any change to it. Payment by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties. Upon signing up for additional services, you will pay McIntosh Marketing & Consulting, by authorized credit card, the then applicable fees (the “Fees”). Currently applicable Fees are available at www.billmcintosh.com reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). The Fees will automatically be charged annually or according to subscription, in advance. Your McIntosh Marketing & Consulting account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The additional services may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. McIntosh Marketing & Consulting may impose a charge to restore archived data from delinquent accounts. If you believe McIntosh Marketing & Consulting has billed you incorrectly, you must contact McIntosh Marketing & Consulting no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to McIntosh Marketing & Consulting’s Customer Support department. McIntosh Marketing & Consulting may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by McIntosh Marketing & Consulting thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.
McIntosh Marketing & Consulting’S LIABILITY:
McIntosh Marketing & Consulting is only a venue. This Web Site acts as a venue for the public to comment on Mr. McIntosh’s published opinions and does not screen or censor all the listings offered. As a result, McIntosh Marketing & Consulting has no control over the quality, safety or legality of the comments or information posted, the truth or accuracy of the listings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site. Because user authentication on the Internet is difficult, McIntosh Marketing & Consulting cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on McIntosh Marketing & Consulting, in the event that you have a dispute with one or more users, you release McIntosh Marketing & Consulting (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Web Site. The Material may contain inaccuracies or typographical errors. McIntosh Marketing & Consulting makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web Site.
McIntosh Marketing & Consulting DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, McIntosh Marketing & Consulting IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. McIntosh Marketing & Consulting, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. McIntosh Marketing & Consulting MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
CHILDREN:
We do not specifically collect information about children. We believe that children should get their parents’ consent before giving out personal information. If you are concerned about your child’s use of McIntosh Marketing & Consulting, we encourage you to use Web filtering technology to supervise your child’s access to the site. We also encourage you to participate in your child’s experience with McIntosh Marketing & Consulting. Users between the ages of 16 and 18 should be certain they ask their parent’s consent before using McIntosh Marketing & Consulting or otherwise providing any personally identifiable information.
Disclaimer of Consequential Damages:
IN NO EVENT SHALL McIntosh Marketing & Consulting, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT McIntosh Marketing & Consulting IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites:
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by McIntosh Marketing & Consulting of the contents on such third-party Web sites. McIntosh Marketing & Consulting is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use:
You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the Web Site.
Limitation of Liability. The aggregate liability for McIntosh Marketing & Consulting to you for all claims arising from the use of the Materials is limited to $100.
TERMINATION:
McIntosh Marketing & Consulting reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by McIntosh Marketing & Consulting, upon any breach by you of these Terms and Conditions or if McIntosh Marketing & Consulting is unable to verify or authenticate any information you submit to the Web Site registration with or ability to access the Web Site. McIntosh Marketing & Consulting will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to such authorities any suspect activity it becomes aware of.
INDEMNITY:
You agree to defend, indemnify, and hold harmless McIntosh Marketing & Consulting, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. McIntosh Marketing & Consulting shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
GEMERAL:
McIntosh Marketing & Consulting makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within California If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Web Site a particular “Legal Notice,” or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and McIntosh Marketing & Consulting with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
Additional Terms of Use: Certain areas of this Web Site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
MISCELLANEOUS:
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. This Service Agreement is not assignable, transferable or sublicensable by you except with McIntosh Marketing & Consulting’s prior written consent. This Service Agreement will be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Service Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Service Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and you do not have any authority of any kind to bind McIntosh Marketing & Consulting in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
DISCLAIMER
You use this Site at your own risk. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, McIntosh Marketing & Consulting AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. McIntosh Marketing & Consulting DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. McIntosh Marketing & Consulting DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT McIntosh Marketing & Consulting) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. McIntosh Marketing & Consulting RETAINS THE RIGHT TO REVISE THESE RULES AT ANY TIME. Warning: ANY USE OF THE McIntosh Marketing & Consulting SITE IN VIOLATION OF THESE RULES CONSTITUTES TRESPASS AND/OR INFRINGEMENT OF THE RIGHTS OF THE SITE SPONSOR AND MAY RESULT IN LEGAL ACTION AGAINST YOU.
ZERO TOLERANCE SPAM POLICY:
It is strictly forbidden to use ANY McIntosh Marketing & Consulting service to send spam (unsolicited commercial email). Spamming by McIntosh Marketing & Consulting users, partners or affiliates will not be tolerated. Should we discover that you have sent Spam we will immediately cancel any account you may have with us and pursue every available legal remedy and recover any damages caused by sending Spam (unsolicited commercial emails).
LINKS:
McIntosh Marketing & Consulting may provide hyperlinks to other Internet sites only for the convenience of our World Wide Web users. These “Links” are provided only as an informational resource as a service to our users.
McIntosh Marketing & Consulting is not responsible for the availability or content of these external sites, nor does McIntosh Marketing & Consulting endorse, warrant or guarantee the products, services or information described or offered at these other Internet sites.
Please note that many of the links provided are not on one of McIntosh Marketing & Consulting’s servers and are not maintained by us or affiliated with any services provided by us. These links are provided simply as a service, and it should not be implied that we recommend, endorse or approve of any of the content at the linked site(s). The link information and reference materials are intended solely for the information of the reader.
Please also note that any site that we offer an external link to does not necessarily recommend, endorse or approve of McIntosh Marketing & Consulting. Nor are these sites affiliated with McIntosh Marketing & Consulting in any way.
DISCLAIMER OF ENDORSEMENT:
Reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by McIntosh Marketing & Consulting.
Reference to any external products, services, hypertext link outside third parties or other information by trade name, trademark, service mark, supplier or otherwise does not constitute or imply that the owners of the trade name, trademark, website or service mark offer any endorsement,sponsorship or recommendation of McIntosh Marketing & Consulting in any way.
UNACCEPTABLE CONTENT TYPES:
billmcintosh.com does not accept postings with unprofessional or improper content (for example: language that is sexually explicit, obscene, libelous defamatory, threatening, harassing, abusive, illegal or discriminatory), or that contain false, misleading or inaccurate information.
Because psychiatry advocates using mind altering drugs and destructive therapies like electro convulsive (shock) therapy billmcintosh.com reserves the right to refuse any posting for psychiatric or any related comments or advice.
LIABILITY:
billmcintosh.com makes no guarantees and assumes no liability for the conduct of its users, or for the content placed on billmcintosh.com by users. While billmcintosh.com performs periodic checks on the information contained in it’s online postings we cannot guarantee the accuracy of the information contained in these documents.
Guaranteeing Email Delivery (Whitelisting):
Sometimes the spam filters used by Internet Service Providers can delete mail you’ve actually requested to receive… so you never even see it! Due to this fact, McIntosh Marketing & Consulting cannot guarantee all emails from our company will be properly received into your inbox without your cooperation. It is the sole responsibility of the user to add us to your address book. This guarantees that you will receive all of our email communication.
For detailed instructions, please refer to our FAQ section under Whitelisting Instructions.
CONTACTING THE WEBSITE:
If you have any questions about the Privacy Statement, the practices of our site, or your dealings with our site, please feel free to Contact Us.
