Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
Please read this Agreement carefully before accessing or using the Allan Marshall & Associates Inc. Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Allan Marshall & Associates Inc., acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 18 years old. If you are not yet 18 years old, you must stop using the Website immediately or else provide Allan Marshall & Associates Inc. with written parental approval.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor's license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on the Allan Marshall & Associates Inc. are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than CAD $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website's email addresses is recognized as a violation of this agreement and expressly prohibited.
You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of Allan Marshall & Associates Inc.. Our products and services are provided 'as is' without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with Allan Marshall & Associates Inc.) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
Types of Data collected
Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookie and Usage Data.
The Personal Data may be freely provided by the User, or collected automatically when using this Application.
Failure to provide certain Personal Data, such as your basic contact information, may make it impossible for this Application to provide its services.
Methods of processing
Allan Marshall and Associates Inc. processes the Data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to Allan Marshall and Associates Inc., in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from Allan Marshall and Associates Inc. at any time.
The Data is processed at Allan Marshall and Associates Inc.'s operating offices and in any other places where the parties involved with the processing are located. For further information, please contact Allan Marshall and Associates Inc.
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that Allan Marshall and Associates Inc. suspend or remove the data.
The use of the collected Data
The Data concerning the User is collected to allow the Application to provide its services, as well as for the following purposes: Analytics.
The Personal Data used for each purpose is outlined in the specific sections of this document.
Detailed information on the processing of Personal Data
Personal Data is collected for the following purposes and using the following services:
- Additional information about Data collection and processing
The User is aware of the fact that Allan Marshall and Associates Inc. may be required to reveal personal data upon request of public authorities.
Additional information about User's Personal Data
System Logs and Maintenance
For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System Logs) or use for this purpose other Personal Data (such as IP Address).
Information not contained in this policy
More details concerning the collection or processing of Personal Data may be requested from Allan Marshall and Associates Inc. at any time. Please see the contact information at the beginning of this document.
The rights of Users
Users have the right, at any time, to know whether their Personal Data has been stored and can consult Allan Marshall and Associates Inc. to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to Allan Marshall and Associates Inc. at the contact information set out above.
This Application does not support “Do Not Track” requests.
To determine whether any of the third party services it uses honor the “Do Not Track” requests, please read their privacy policies.
Your Allan Marshall & Associates Inc. Account.
If you create and are granted access to an account with Allan Marshall & Associates Inc., you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Allan Marshall & Associates Inc. of any unauthorized uses of your account, or any other breaches of security. Allan Marshall & Associates Inc. will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and WebPages to which Allan Marshall & Associates Inc. links, and that link to Allan Marshall & Associates Inc.. Allan Marshall & Associates Inc. does not have any control over those non-Allan Marshall & Associates Inc. Websites and WebPages, and is not responsible for their contents or their use. By linking to a non-Allan Marshall & Associates Inc. Website or webpage, Allan Marshall & Associates Inc. does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Allan Marshall & Associates Inc. disclaims any responsibility for any harm resulting from your use of non-Allan Marshall & Associates Inc. Websites and WebPages.
Copyright Infringement Policy.
As Allan Marshall & Associates Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Allan Marshall & Associates Inc. violates your copyright, you are encouraged to notify Allan Marshall & Associates Inc.. Allan Marshall & Associates Inc. will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Allan Marshall & Associates Inc. or others, Allan Marshall & Associates Inc. may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Allan Marshall & Associates Inc. will have no obligation to provide a refund of any amounts previously paid to Allan Marshall & Associates Inc..
This Agreement does not transfer from Allan Marshall & Associates Inc. to you any Allan Marshall & Associates Inc. or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Allan Marshall & Associates Inc.. Allan Marshall & Associates Inc., the Allan Marshall & Associates Inc. domain, the Allan Marshall & Associates Inc. logo, and all other trademarks, service marks, graphics and logos used in connection with Allan Marshall & Associates Inc., or the Website are trademarks or registered trademarks of Allan Marshall & Associates Inc. or Allan Marshall & Associates Inc.'s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Allan Marshall & Associates Inc. or third-party trademarks.
Allan Marshall & Associates Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Allan Marshall & Associates Inc. may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Allan Marshall & Associates Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Allan Marshall & Associates Inc. account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by Allan Marshall & Associates Inc. if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Allan Marshall & Associates Inc.'s notice to you thereof; provided that, Allan Marshall & Associates Inc. can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The materials on Allan Marshall & Associates Inc.'s Website are provided 'as is'. Allan Marshall & Associates Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Allan Marshall & Associates Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will Allan Marshall & Associates Inc., or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Allan Marshall & Associates Inc. under this agreement during the twelve (12) month period prior to the cause of action. Allan Marshall & Associates Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You agree to indemnify and hold harmless Allan Marshall & Associates Inc., its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the law of the state of residence of the registered Administrative Contact (the "Admin State") for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.