This Web site ("Site") is provided by McIntosh & Associates Inc. ("McIntosh & Associates") and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the Terms set forth herein. If you do not agree to abide by these Terms, please do not use or view the Site or download materials from the Site.
Upon McIntosh & Associates’ belief that your conduct fails to conform with these Terms, McIntosh & Associates, in its sole discretion and without notice, reserves the right to block your access to this Site, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil action or criminal prosecution for any alleged or actual illegal activities involving this Site.
Subject to the Terms set forth herein, McIntosh & Associates grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
McIntosh & Associates authorizes you to view and download the information ("Materials") at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
- You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
- You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms.
- You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, McIntosh & Associates does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. MCINTOSH & ASSOCIATES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. MCINTOSH & ASSOCIATES RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. MCINTOSH & ASSOCIATES MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, McIntosh & Associates may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. McIntosh & Associates makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that McIntosh & Associates or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of McIntosh & Associates or any of its affiliates or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing by McIntosh & Associates, except that McIntosh & Associates consents to links in which:
- The link is a text-only link containing only the name "McIntosh & Associates";
- The link "points" only to www.mcintoshassoc.com and not to deeper pages;
- The link, when activated by a user, displays the Site's homepage in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked website; and
- The appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by McIntosh & Associates nor be such as to damage or dilute the goodwill associated with the name and trademarks of McIntosh & Associates or its Affiliates.
McIntosh & Associates reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
Information Provided By You
Indemnity and Limitations of Damages
You shall indemnify and hold harmless McIntosh & Associates, its officers, directors, shareholders, subsidiaries, and employees from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates any applicable law or regulation, or the rights of any third party.
IN NO EVENT SHALL MCINTOSH & ASSOCIATES OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, OR EMPLOYEES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF MCINTOSH & ASSOCIATES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
McIntosh & Associates reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, without notice. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes.
McIntosh & Associates may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. McIntosh & Associates may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. McIntosh & Associates may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is operated and administered from within the United States of America. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
These Terms constitute the entire agreement between McIntosh & Associates and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.