Welcome to www.McKinney.com (the "Website"). This Website is owned and operated by McKinney & Silver, LLC (“M+S”).
This Website is governed by these Terms and Conditions, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using our Website, you agree to abide by the Terms and Conditions set forth below. We reserve the right, at any time, to modify or update these Terms and Conditions, and you agree to be bound by such modifications or updates.
This Website and all of the content on this Website are owned by M+S, its clients, or its content suppliers and are protected by copyright and other intellectual property laws. M+S hereby grants you the right to view and access this Website, but you may not download or use any content on this Website for any personal or commercial purpose. Absent the prior written consent of M+S or except as specifically permitted in accordance with these Terms and Conditions governing use of this Website, you may not copy, modify, create derivative works, distribute or alter any content on this Website. All rights not expressly granted to you under these Terms and Conditions are reserved.
Some content on this Website belongs to clients of M+S and is being shown for promotional purposes only. You may not copy or use such client content for any purpose.
This Website is for your personal and informational use only. Any other use requires our prior written consent.
You must comply with all guidelines, rules and terms set forth by M+S in connection with this Website. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute content available on the Website. You may not exceed the limited access to the Website granted to you by M+S.
Please note that it is a policy of M+S not to accept or consider unsolicited creative, production-related or other materials of any kind. M+S will consider any and all materials, including proposals, ideas, concepts, drafts, rough cuts or finished work product submitted through this Website not to be confidential or proprietary, and to be freely available for use of any kind, including advertisements and promotions, without recognition, compensation or payment of any kind.
For your information and convenience, M+S may provide links through this Website to websites operated by other parties. Such websites are not under the control of M+S. M+S assumes no responsibility for the contents of any third party website, or for any potential damage arising out of or in connection with the use of any such link.
In addition, the existence of a link between this Website and any other website is not and shall not be understood to be an endorsement by M+S of the owner or proprietor of the linked internet website, nor an endorsement of M+S by the owner or proprietor of such linked website.
THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, M+S's liability is limited to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless M+S, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms and Conditions, (ii) your use of materials or features available on the Website (except to the extent a claim is based upon infringement of a third party right by materials created by M+S) or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
The laws of the State of North Carolina shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN DURHAM, NORTH CAROLINA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEBSITE.
Any claims asserted by you in connection with the Website must be asserted in writing to M+S within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms and Conditions by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms and Conditions. Our rights and remedies under these Terms and Conditions shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Should you have any questions you may contact us at:
McKinney & Silver 318 Blackwell Street Durham, NC 27701