We appreciate your visit to ScottMcGillivray.com and hope you enjoy it. By visiting our web site, you accept these terms of use without limitation or qualification. In accessing our site, you agree to do so only for your own personal, non-commercial use and in accordance with these Terms.

The Site is owned and operated by The McGillivray Group. Please read the Terms carefully as they set out your rights and obligations and the terms on which we makes the Site available to you. They also provide information on how you can submit material and how this will be used.

Some parts of the Site may have specific terms of use (e.g. competitions, contests and campaigns). By registering for and/or using these parts of the Site you are agreeing to these specific terms. If there is any conflict between the Terms and specific terms appearing on the Site, the specific terms shall prevail.

Authorized Use

Visitors to the Site just wishing to view content do not need to register. However, any use of the Site (including, but not limited to, viewing content) constitutes your acceptance of these Terms, which take effect the moment you first use the Site. If these Terms are not accepted in full, you should not access the Site and should stop using it immediately.

You agree to only use the Site for lawful purposes, in a manner which does not improperly infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is libelous, in breach of anyone’s privacy or which may harass, cause real distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within the Site. We reserve the right to screen, filter and/or monitor content for this purpose.

Content Within the Site and Use

Unless otherwise stated, you may not copy, reproduce, republish, download, post, store (including in any other website), distribute, transmit, broadcast, commercially exploit or modify in any way any of the Site’s material or content (including other Contributions or any advertising or sponsorship) or permit or assist any third party to do the same.

All content accessible within the web site (e.g., the “look and feel” of the web site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or other parties who consent to our use of it. To avoid any claim of infringement or other wrongdoing, you should not reproduce, transmit, alter, publish, distribute, or create derivative works from the web site content.

Content is provided for informational purposes only; the site does not warrant that product descriptions, color depiction, editorial commentary, availability or any other content on the site, regardless of its source, is accurate, complete, reliable, current or error-free. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss.

Contributions

“Contribution” includes all content and materials provided to or uploaded by visitors to the Site, such content and materials including (but not limited to) videos, clips, pictures, reviews, comments, data posting, competition entries, blog entries, forum comments or comments, content and/or materials made available via the Site’s social media platform(s), and all other user generated material, which will be held by us.

You agree and guarantee that any Contribution you provide or upload is original to you and does not infringe the copyright or any other rights of any other person. You must obtain any prior consent necessary for you to provide the Contribution to us. You agree and confirm that all facts expressed by you in any Contribution are true to the best of your knowledge and belief and, if your Contribution contains opinions, these are your own and genuinely and truly held by you; and that nothing in your Contribution will include an advertisement for your business or products; that nothing in the Contribution will infringe the copyright or any other right of any person, breach any contract or duty of confidence, be defamatory, obscene or sexually oriented, abusive, vulgar, offensive, indecent, harassing, threatening, breach anyone’s privacy or may constitute a contempt of court or break any applicable laws or be calculated to bring us or any other person into disrepute; and that all Contributions will comply with any additional Terms or requirements on the Site and you will at all times comply with the Terms.

We do not guarantee to use or otherwise make available any Contribution. Any Contribution may be rejected by us and may be edited, moderated or deleted in our absolute discretion. We reserve the right not to accept any Contribution that is not in English or for any other reason. All decisions are final and we will not enter into any discussions or correspondence about the reason for rejecting a Contribution.

We may, in appropriate circumstances, and in our sole discretion, remove or disable access to a Contribution that appears to infringe the copyright or other intellectual property or privacy rights of others, is defamatory, or is otherwise not suitable for any other reason. In relation to all reviews and comments posted on the Site, you consent to us editing such reviews to ensure compliance with the Terms.

Submission of Ideas, Suggestions, or Other Comments

Please do not submit ideas, suggestions, or other content to us unless your intent is to give us that information unconditionally. We recognize that sometimes you may want to provide us your ideas, suggestions, or other content for consideration. While we value your enthusiasm, we are unable to accept any information that you provide if it contains any obligation or limitation whatsoever. Thus, by submitting ideas, suggestions, or other content of any sort to us, you are assigning to us all related right, title and interest, along with all copyright or other proprietary or legal rights associated therewith.

As a result, we will own the exclusive right to use, throughout the world, such ideas, suggestions, or other content that you provide to us, without compensation or further obligation to you. You also agree to take any further action (including signing affidavits and other documents) that we reasonably request to create, record or perfect our rights as set forth in this paragraph. Accordingly, please do not submit ideas, suggestions, or other content to us unless your intent is to give us that information unconditionally.

Other Content and Complaints

Although we may ask visitors to the Site to submit Contributions which must comply with the Terms, you acknowledge that Contributions supplied by others may include content which others may consider offensive or objectionable. We assume no responsibility or liability for such Contributions and, as the Contributions are created by others, it does not represent our views. You are solely responsible for your interaction with other visitors to the Site.

If you become aware of any misuse of the Site or wish to complain about any Contribution or material on the Site or believe any of your rights have been violated e.g. your copyright has been infringed, you have been defamed etc., you can contact us with the nature of your complaint and the location within the Site which relates to the particular content or Member along with your name, address, telephone number and email address

For copyright disputes, identification of the copyrighted work you claim has been infringed and a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you are the owner of the copyright interest involved or are authorized to act on behalf of the owner.

Intellectual Property Rights Including Copyright

The names, images and logos identifying Scott McGillivray, all associated companies or third parties and any products and services are proprietary marks of these parties. Nothing in the Terms shall be construed as conferring to you any license or right under any intellectual property right of any of the above parties unless expressly stated otherwise.

All copyright, trademarks and other intellectual property rights in the Site (including the design, arrangement and look and feel) and all material, software or content supplied as part of the Site, other than your Contributions and Your Data (as defined in our Privacy Policy below), shall remain at all times our property or the property of our licensors and is protected by intellectual property law.

Links to Other Web Sites

In some instances, the site may include links to third party web sites. . You acknowledge and agree that we will not be responsible for the availability of the Third Party Sites and will not be responsible or liable for any content or services from the Third Party Sites. Your accessing of the Third Party Sites is at your own discretion and risk. We encourage you to read and review the terms of use and other legal terms and policies of all web sites you visit.

Governing Law

The Terms shall be governed by and construed in accordance with the laws of Canada. Any disputes arising from the Site or these Terms are subject to the exclusive jurisdiction of the courts of Canada. We make no representation that content on the Site is appropriate or available for use at locations other than Canada and the USA and access to content on the Site from territories where such content is illegal is strictly prohibited. If you access the Site outside of Canada and the USA, you are responsible for compliance with all local laws.

If any of the Terms are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.

Indemnity

You agree to indemnify and hold us and our affiliates, officers, employees, and agents (“Indemnified Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees and expenses, related to your violation of these terms and conditions or your use of our web site.

Changes to Terms

We reserve the right to change the Terms at any time by posting changes online and it is your responsibility to refer to and comply with the most up to date Terms on accessing the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the Terms as modified.

Contact

If you have questions or comments about our terms, please feel free to contact us.

Last Updated Jan 1, 2017