Welcome to our website which is provided by Conway MacKenzie, Inc. These terms, conditions, and notices (“Terms”) govern your access to and use of the ConwayMacKenzie.com website (the “Site”). By accessing or using this Site in any manner, you agree to be bound by these Terms for access to and use of the Site. This Agreement may be modified at any time by Conway MacKenzie upon posting of the modified Terms which will take effect immediately. You can view the most recent version of these terms at any time at www.conwaymackenzie.com/terms-of-use/. Each time you use the Site, you are deemed to agree to these Terms. Please read these Terms carefully. If you do not agree to these Terms, you should not use this Site.
The terms “Conway MacKenzie,” “we”, “us” or “our” refers to Conway MacKenzie, Inc. We are located at 401 S. Old Woodward Avenue, Suite 340, Birmingham, MI 48009 USA. We can be contacted at (248) 433-3100. The term “you” refers to the person visiting this Site. If you are using this Site on behalf of a business you represent to us that your business also accepts these Terms, and the term “you” also refers to that business.
Use of The Site and Site Ownership
This Site provides information about our company and its services. As a condition of your use of this Site, you warrant that you are 18 years of age or older. You agree to comply with all applicable laws regarding your use of the Site. This Site is not intended for children or any person under the age of 18. We do not knowingly collect the information of anyone under the age of 18. We also retain the right to deny access to anyone to this Site and the content we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
All content included on this Site is our property and is protected under copyright, trademark and other laws that protect proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any such content or information obtained from or through this Site.
Additionally, you agree not to:
- use this Site or its contents for any commercial purpose;
- access, monitor, or copy any content or information of this Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- “frame”, “mirror”, or otherwise incorporate any part of this Site into any other website or mobile application;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with this Site or the content we provide;
THIS SITE AND THE INFORMATION ON THIS SITE IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. CONWAY MACKENZIE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT AND/OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY CONWAY MACKENZIE. CONWAY MACKENZIE DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR THAT THIS SITE, ITS SERVERS, OR ANY EMAIL SENT FROM CONWAY MACKENZIE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation on Damages
IN NO EVENT SHALL CONWAY MACKENZIE (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, CONTENT AND/OR SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF CONWAY MACKENZIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation on Liability
IN NO EVENT SHALL CONWAY MACKENZIE (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE TO ANY PARTY IN EXCESS OF THE LESSER OF THE AMOUNT PAID FOR ACCESS TO THIS SITE OR $100.00.
Agreed Allocation of Risk
The limitations on warranty, damages and liability reflects the allocation of risk between the parties. The limitations specified in these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
You agree to defend and indemnify Conway MacKenzie and its affiliates and licensees and any of its or their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms;
- your violation of any law or the rights of a third party; or
- your use of this Site.
Copyright and Trademark Notices
All contents of this Site are: © Copyright 2018 Conway MacKenzie, Inc. All Rights Reserved. Conway MacKenzie, its logo, and all other service names, logos, or slogans displayed on this Site are registered and/or common law trademarks of Conway MacKenzie, Inc. or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Conway MacKenzie or the applicable trademark holder. All other trademarks, registered trademarks, product names, and company names or logos mentioned in or on this Site are the property of their respective owners. Any rights not expressly granted herein are reserved.
If you are aware of an infringement of either your brand or our brand, please let us know by following our Copyright Complaint Policy and by emailing us at legal@ConwayMacKenzie.com.
Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at legal@ConwayMacKenzie.com
These Terms are governed by the laws of the State of Michigan. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Oakland County, Michigan and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Site. You agree that no joint venture, agency, partnership, or employment relationship exists between you and Conway MacKenzie and/or its affiliates as a result of these Terms or use of this Site.
Our performance under these Terms is subject to existing laws and legal process, and nothing contained To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
These Terms (and any other terms, policies, guidelines, or agreements referenced herein) constitute the entire agreement between you and Conway MacKenzie with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Conway MacKenzie with respect to this Site.