TERMS OF SERVICE
McKenna Academy of Natural Philosophy
Website Terms and Conditions
Last Updated: April 2022
This website (the “Site”) and the information it offers including any webpages, text, images, sounds, software, and other data or information contained in the Site (the “Content”) are owned and operated by McKenna Academy of Natural Philosophy, Inc. (“McKenna”, “we”, “our” and “us”, including, where applicable, any affiliate of McKenna). These Terms and Conditions are a binding agreement that applies to use of the Site generally, including reviewing Content.
Access is Agreement to these Terms and Conditions: These Terms and Conditions are a binding agreement between you and McKenna. These Terms and Conditions apply to your access to and use of the Site, including any review of the Content. These Terms and Conditions include disclaimers, exempt McKenna and other persons from liability, indemnify McKenna and other persons, and include other important provisions. You must read these Terms and Conditions and any information linked to or otherwise referenced in these Terms and Conditions, and accept these Terms and Conditions, before using the Site.
YOUR ACCESS TO OR OTHER USE OF THE SITE, INCLUDING REVIEWING ANY CONTENT, OR ANY OTHER USE OF THE SITE, CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THE THESE TERMS AND CONDITIONS AS MOST RECENTLY UPDATED.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE IN ANY WAY, INCLUDING REVIEWING ANY CONTENT.
Updates to the Terms and Conditions: McKenna may in its discretion revise, modify, change or otherwise update these Terms and Conditions at any time. Your continued use of the Site after any modification of these Terms and Conditions constitutes your acceptance of and agreement with the Terms and Conditions as updated. A notification of any update to the Terms and Conditions will be posted on the Site home page 60 days prior to the change. Where required by applicable law, you will be notified by email or other method at contact information you have supplied for any newsletter, opt-in communication, or otherwise, if and when these Terms and Conditions are updated.
Eligibility based on Age: The Site is not intended for access, review or other use by a minor without supervision and guidance by a parent or legal guardian. For the purposes of these Terms and Conditions, a “minor” is someone who has not reached both: (a) the age eighteen, and (b) the age of majority in the applicable jurisdiction from which the Site is being accessed. If you are a minor, you are not permitted to access, review or otherwise use the Site without supervision by and guidance of a parent or legal guardian.
MCKENNA MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, OR THE CONTENT ARE APPROPRIATE OR AVAILABLE FOR ACCESS OR OTHER USE IN ALL LOCATIONS AND JURISDICTIONS. IF YOU ARE ACCESSING OR USING THE SITE FROM OUTSIDE OF THE UNITED STATES, REVIEWING CONTENT (INCLUDING ANY PUBLICLY-AVAILABLE OR LOGIN-ONLY CONTENT, OR OTHERWISE USING THE SITE, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT ANY SUCH ACCESS OR USE COMPLIES WITH APPLICABLE LAWS OF ANY KIND WHATSOEVER IN THE JURISDICTION FROM WHICH YOU ARE ACCESSING OR USING THE SITE.
Using the Site: You may view and print Content from the Site for personal, informational, and non-commercial use. You may not otherwise copy, reproduce, modify, collect, republish, distribute, or catalogue any Content without McKenna’s express written consent. Without limiting the generality of the foregoing, you may not use the Site or any Content for commercial purposes without McKenna’s express written consent.
Prohibited Use of the Site: You may not use the Site or any Content for any unlawful purpose or any unsafe purpose. Accessing or using the Site, including reviewing Content, acting on Content, or otherwise using the Site in jurisdictions where the Site or the Content are illegal, is prohibited. If you choose to access the Site from such a jurisdiction, you do so on your own initiative, discretion and risk, and you are responsible for compliance with both the Applicable Law and with any laws applicable in the jurisdiction from which you are accessing the Site. Without limiting the generality of the foregoing, while accessing or using the Site, including reviewing Content, you agree that you will not:
- violate any laws, including the Applicable Law, any third party rights or our policies;
- access or use the Site if you are not able to form legally binding contracts, are under the age of majority in your province or territory of residence, or are temporarily or indefinitely suspended from accessing or using the Site;
- access or use the Site in any manner which could damage, disable, overburden or impair the Site;
- interfere with the security of, or otherwise abuse, the Site, or any system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
- distribute viruses or any other technologies that may harm or prejudice the interests, rights, or property of McKenna or of any other person accessing or using the Site;
- use any robot, spider or other automatic device, to index, crawl, catalogue, mirror, frame, scrape, cache or otherwise monitor or copy any web page of the Site or any Content to collect or mine data from the Site;
- use any manual process to monitor or copy any web page of the Site or any Content other than as provided for in these Terms and Conditions;
- obtain unauthorized access to the Site or portions of the Site that are restricted from general access;
- copy, modify or distribute rights or Content from the Site, including Content subject to copyright and common law or registered trademark rights owned by or licensed to, without limitation, McKenna, and whether or not for consideration or for commercial purposes;
- harvest or otherwise collect information about any user of the Site, including email addresses, without their consent and compliance with all applicable law; or
- attempt to complete any of the above actions.
Without limiting other recourse, including but not limited to any remedy available under applicable law we may limit, delay, suspend or terminate any access to the Site, Content, linked sites, or take technical and legal steps to keep users off the Site if we believe, in our discretion, that the user is creating problems or possible legal liabilities, infringing the intellectual property rights of McKenna or third parties, or otherwise acting inconsistently with the letter or spirit of these Terms and Conditions or our policies, or otherwise to the determinant of McKenna, McKenna Group (as defined below in these Terms and Conditions), or any other person.
No Spam, Spyware or Spoofing: McKenna takes compliance with applicable law pertaining to commercial electronic messages. We will not send you commercial electronic messages without consent. For example, you may choose to receive a newsletter or other commercial electronic messages from McKenna on an opt-in basis, and having done so may opt out at any time. You may not use our communication tools or the Site more broadly to distribute spam, distribute or leverage spyware, or otherwise send content that would violate these Terms and Conditions or any Applicable Law.
Accuracy of Site Content: All Content is provided on an “as is” basis for informational purposes only and is subject to change without notice. While the Site and the Content are regularly updated, the Content may be inaccurate, out-of-date, or otherwise incorrect. McKenna assumes no liability or responsibility for any such errors, omissions or inaccuracies and makes no representations about the accuracy, reliability, completeness, or timeliness of the Content. Without limiting the generality of the foregoing, and subject to the limitations on liability disclaimers included in these Terms and Conditions, McKenna does not: (a) make any representation or warranty regarding the accuracy, completeness, or usefulness of the Content, or (b) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by McKenna or by any third party, which appears on the Site. Subject to the foregoing, McKenna works to keep the Site updated and working properly. Please report any perceived problems, perceived offensive or inappropriate Content, and any perceived policy violations to us by email at email@example.com
Content and Intellectual Property Rights: The Site and all Content, including these Terms and Conditions are © 2021 McKenna Academy of Natural Philosophy, Inc., its suppliers or affiliates. All rights reserved. The copyright for the Site and all Content is owned by or licensed to McKenna and is protected under applicable law including the US Copyright Act, common law rights, and by other copyright laws in other jurisdictions. No Content may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of McKenna, other than as expressly provided for in these Terms and Conditions. Nothing on the Site shall be construed as conferring any transfer of rights to you of any intellectual property or other proprietary or exclusionary rights of McKenna or any third party, whether by estoppel, by implication or otherwise, and whether defined by statute, including any ownership or other rights related to pending or issued applications for patents, trademark registrations, registered plant breeder’s rights, copyright registrations, or by common law, including any rights in copyright, goodwill, trademark, branding, trade secret, or confidential information (collectively, “Intellectual Property Rights”).
Trademarks: Without limiting the generality of the foregoing, the product names, company names and logos of McKenna, any affiliate or any third party used on the Site may be trademarks, including registered trademarks of McKenna. Such trademarks, product names, company names or logos may not be copied, imitated or used, in whole or in part, without the prior written consent of McKenna or any owners or other relevant parties as applicable relating to the trademarks, product names, company names or logos.
Reservation of Rights: Without limiting the generality of the foregoing, other of McKenna’s methods and processes may be subject to rights, including Intellectual Property Rights, of McKenna or a third party. McKenna and any applicable third parties reserve all such rights.
Confidentiality: Electronic communications, including over the internet and through email, are not secure means of communication and the privacy, integrity or authenticity of any communication over the Internet with you shall not expose McKenna to any liability for damages you may suffer as a result of communicating with McKenna by electronic communications or if McKenna communicates such information to you at your request, including in the context of an Application.
Outbound Links: The Site may contain links to third-party websites and resources. These linked websites are provided solely as a convenience to you, and not as an endorsement by McKenna of the third-party websites or resources, or of any product or services offered or endorsed by such third parties. McKenna makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of any linked website or any content, software, service or application found at any linked website.
Inbound Links: You agree not to link to the Site in association with any false, inaccurate, misleading, misappropriated, defamatory or libelous content, in association with any spam, unsolicited or bulk electronic messages, including commercial electronic messages. Subject to these Terms and Conditions, McKenna generally agrees with linking to the Site through a link, including a plain text link or logo link, without an additional written agreement between yourself and McKenna. Notwithstanding the foregoing, McKenna reserves the right to require that you remove any link from a website owned, operated, posted on or otherwise used by you to publish a reference to the Site through a link, at McKenna’s discretion, including for posting any link in association with, displayed with, or in any way connected with the Site, McKenna, or McKenna Group (as defined below in these Terms and Conditions).
No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
MCKENNA GROUP: THE FOLLOWING DISCLAIMERS, LIMITATION OF LIABILITY AND INDEMNIFICATION PROVISIONS REFERENCE AND APPLY TO MCKENNA, INCLUDING ALL AFFILIATES OF OR ENTITIES RELATED TO MCKENNA AND ANY OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF MCKENNA ACADEMY OF NATURAL PHILOSOPHY, INC. OR OF ANY AFFILIATE OR RELATED ENTITY, ANY OF THE FOREGOING ALONE OR IN ANY COMBINATION (COLLECTIVELY, THE “MCKENNA GROUP”).
DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE SITE, AND THE CONTENT ARE PROVIDED “AS IS”, WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND BY MCKENNA GROUP, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MCKENNA GROUP EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. MCKENNA GROUP MAKES NO WARRANTY THAT THE SITE, OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MCKENNA GROUP MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE, THE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT ON THE SITE.
DISCLAIMER OF MCKENNA GROUP COMMUNICATIONS: NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR OTHERWISE FROM MCKENNA GROUP, CREATES ANY WARRANTY OR CONDITION OTHER THAN AS EXPRESSLY MADE IN THESE TERMS AND CONDITIONS OR AS REQUIRED BY APPLICABLE LAW.
DISCLAIMER OF THIRD PARTY STATEMENTS: YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, OR THE CONTENT. YOU UNDERSTAND THAT MCKENNA GROUP DOES NOT ATTEMPT TO VERIFY THE STATEMENTS MADE BY OTHER PERSONS ABOUT THE SITE, THE CONTENT, OR MCKENNA GROUP.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MCKENNA GROUP IS NOT AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON FOR ANY CLAIM OR REMEDY WHATSOEVER INCLUDING ANY CLAIM FOR, OR REMEDY INCLUDING, DAMAGES, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR OTHER REMEDY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING REMEDIES FOR ANY ADVERSE REACTION, PERSONAL INJURY (INCLUDING DEATH), LOSS OF USE, DISCLOSURE OR LOSS OF DATA, LOST PROFITS, BREACH OF CONFIDENCE, LEGAL, FINANCIAL OR OTHER PROFESSIONAL FEES, CONSULTING FEES, OR OTHER INTANGIBLE LOSSES, WHATSOEVER AND HOWSOEVER CAUSED, REGARDLESS OF THE THEORY OF LAW PROVIDING A BASIS FOR THE REMEDY (INCLUDING CONTRACT, TORT, OR STATUTE), FOR ANY LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH
(A) YOUR USE OR APPLICATION OF THE SITE, OR THE CONTENT;
(B) YOUR INABILITY TO USE OR APPLY THE SITE OR THE CONTENT;
(C) YOUR USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION DISPLAYED ON, HOSTED ON, CONTAINED ON, OR OTHERWISE ACCESSIBLE THROUGH THE SITE;
(D) ANY MISUSE OF THE SITE BY YOU OR OTHER PERSONS, INCLUDING IN CONTRAVENTION OF THESE TERMS AND CONDITIONS; OR
(E) ANY OTHER MATTER RELATED TO THE SITE.
IF YOU CHOOSE TO USE THE SITE OR THE CONTENT, YOU DO SO AT YOUR DISCRETION AND RISK, AND WITHOUT ANY RECOMMENDATION TO DO SO FROM MCKENNA GROUP.
THIS LIMITATION OF LIABILITY APPLIES NOTWITHSTANDING, AS APPLICABLE (A) ANY POTENTIAL LIABILITY HAVING BEEN REASONABLY FORESEEABLE, (B) ANY ERROR OR OMISSION BY MCKENNA GROUP OR IN THE CONTENT WHETHER OR NOT MCKENNA GROUP KNEW OR OUGHT TO HAVE KNOWN OF, OR WERE OTHERWISE RESPONSIBLE FOR, ANY SUCH ERROR OR OMISSION, (C) MCKENNA GROUP HAVING BEEN INFORMED OF THE POSSIBILITY OF POTENTIAL LIABILITY, OR (D) OTHER REMEDIES NOT BEING AVAILABLE OR NOT ADEQUATELY COMPENSATING YOU OR ANY OTHER PERSON.
INDEMNITY: YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD MCKENNA GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND REMEDIES BROUGHT BY A THIRD PARTY ARISING FROM OR RELATED TO ANY USE OF THE SITE AND THE CONTENT. NOTWITHSTANDING THIS INDEMNITY, MCKENNA GROUP RETAINS THE RIGHT TO PARTICIPATE IN THE DEFENSE AND SETTLEMENT NEGOTIATIONS RELATING TO THE FOREGOING WITH COUNSEL OF MCKENNA’S SELECTION AT MCKENNA GROUP’S DISCRETION, AND SOLE COST AND EXPENSE.
DISCLAIMER ON EXPERIMENTAL FEATURES INCLUDING BETA FEATURES: FROM TIME TO TIME, NEW FEATURES THAT MAY BE ACCESSED FROM THE SITE FOR TESTING AND EXPERIMENTATION BY YOU MAY BE PROVIDED, INCLUDING BETA FEATURES. SUCH NEW FEATURES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND MAY BE MODIFIED OR DISCONTINUED AT MCKENNA’S DISCRETION. THE PROVISIONS OF THIS AGREEMENT, INCLUDING ANY LIABILITY DISCLAIMER, APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW TO SUCH FEATURES.
ACKNOWLEDGEMENT: THE PARTIES TO THESE TERMS AND CONDITIONS ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ON LIABILITY ARE REASONABLE IN THE CIRCUMSTANCES.
LIMITATION ON QUANTUM: NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, THE QUANTUM OUR LIABILITY TO YOU OR TO ANY OTHER PERSON IS LIMITED TO THE TOTAL FEES PAID TO US BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, TO A MAXIMUM OF $200.
RESERVATION: SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR CONDITIONS, OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU MEET THE REQUIREMENTS TO BENEFIT FROM THE LAWS OF SUCH JURISDICTION NOTWITHSTANDING THESE TERMS AND CONDITIONS.
Notices: Except as expressly stated otherwise, providing an email address or other information to McKenna, constitutes your consent to receive any legal notices required by applicable law at the an email address or other contact information you provide to McKenna. Any Legal Notice sent by email or other electronic communication in this manner shall be deemed to have been received 24 hours after the email or other electronic communication is sent by McKenna, unless McKenna is notified that the email address is invalid. Alternatively, we may give you legal notice by mail at any physical address you have provided to McKenna. In such case, notice shall be deemed given three days after the notice is sent in the mail by McKenna.
Law and Forum for Legal Disputes: These Terms and Conditions shall be governed in all respects by the laws of the State of California. You agree that to the extent any claim or dispute you may have against McKenna is resolved in Court, the claim or dispute must be resolved exclusively by a State Court or Federal Court located in California. You agree to submit to the personal jurisdiction of the courts located within California for the purpose of litigating all such claims or disputes.
Additional Terms and Conditions: When reviewing Content or otherwise accessing the Site, you are subject to any posted policies or rules applicable to the Site, which are available on the applicable portion of the Site Subject to any additional policies or rules, these Terms and Conditions constitute the entire agreement between you and McKenna with respect to the Site, the Content, and any information obtained through the Site by communication with McKenna personnel.
Term and Termination: These Terms and Conditions will become effective upon your acceptance of these Terms and Conditions as updated from time to time by your use of the Site. These Terms and Conditions will remain in full force and effect unless and until updated or terminated hereunder. You acknowledge that McKenna has the right, in its discretion, to terminate or suspend your access to the Site, or to limit or deny your access to or participation in any Content, offered by McKenna at any time without notice to you and without liability to you or any person, if you violate or threaten to violate any of these Terms and Conditions, if you violate or threaten to violate any rights of McKenna, interfere with any other person’s access to or use of the Site, or if McKenna decides in its discretion for any reason whatsoever access to the Site by any person, access to Content by any person, is otherwise detrimental to the Site, McKenna or McKenna Group more broadly, or McKenna’s suppliers or licensors. If you believe that someone has violated these Terms and Conditions, please contact McKenna with details. McKenna may decide, in its discretion, to investigate the report and decide, in its discretion, to take any action relating to that report. McKenna does not have any obligation or liability to you for the performance or non-performance of those activities and has no obligation to communicate any decision or action taken as a result of your communication with McKenna.
Interpretation: In these Terms and Conditions, (a) headings are for reference purposes only and do not limit the scope or extent of such section; (b) words importing the singular number only also include the plural, and vice versa; (c) “person” includes an individual, corporation and any other legal entity; (d) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (e) “law” includes common law, equity, statutes and regulations; and (f) “discretion” mean a person’s sole, absolute and unfettered discretion.
General: You can communicate with McKenna by email as indicated in these Terms and Conditions. You can communicate with McKenna by mail at firstname.lastname@example.org. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms and Conditions.
Language: You and McKenna have each expressly requested and required that these Terms and Conditions and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais. Subject to Applicable Law, any non-English translation of these Terms and Conditions provided by McKenna is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms and Conditions will take priority and govern.
If you have any questions, comments or concerns about these Conditions, please contact McKenna’s Administration Officer by email at email@example.com, or by mail to: McKenna Academy of Natural Philosophy, 4460 Redwood Hwy Suite 16 – 547 San Rafael, CA 94903
ESPD55 Event Registration and Policies
Event Details: ESPD55 ONLINE SYMPOSIUM (the “Event”)
23 – 26 May 202 Livestream from St. Giles House
ETHNOPHARMACOLOGIC SEARCH FOR PSYCHOACTIVE DRUGS
On the 55th-year anniversary of the original ESPD, the McKenna Academy of Natural Philosophy, Inc. (“McKenna”) presents ESPD55, during these uncharted times for global mental health. This unparalleled, historic four-day online symposium hosted and carefully curated by Dennis McKenna, includes esteemed speakers like Paul Stamets, Monica Gagliano and Wade Davis. 33 of the most exciting minds in psychoactives research, present 37 sessions exploring the world of ethnopharmacologic knowledge through various life-centric themes: ethnosphere, phytosphere, mycosphere, sonosphere and beyond.
User ID: Your unique user name and password are, collectively, your (“User ID”). Your User ID is the key to your personal account (“Account”). You are responsible for maintaining the confidentiality of your Account, including your User ID. Use a user name that is different from any known user names you have on social media or other public websites. Use unique numbers, letters and special characters in your password. Do not disclose your User ID to anyone or share your User ID with anyone. If you lose control of your User ID, you may lose control over your personal information and may be subject to legally binding actions taken on your behalf and associated liability. Therefore, if your User ID has been compromised for any reason, you should immediately notify us at firstname.lastname@example.org and change your password.
Account: You need to create an Account to register for the Event. In the course of being granted access to your Account, you will be required to create a User ID. Your User ID identifies and associates you with your Account and is required for you to login to your account. With your User ID, you may log in to your account and purchase Products and Services. You agree to: (a) immediately notify McKenna by email at email@example.com of any unauthorized use of your Account or any other breach of security, or any suspicion of such authorized use of your Account, and to identify your user name in the email, and (b) ensure that you log out from your Account at the end of each session. YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES PERFORMED USING YOUR ACCOUNT AND THAT MCKENNA HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH YOUR OBLIGATIONS WHILE REGISTERING FOR THE EVENT OR OTHERWISE ACCESSING YOUR ACCOUNT.
Account Status: You agree that we may refuse, cancel or terminate any Account, or refuse to allow you to register for the Event, at any time and without notice if, at our discretion we determine that you have failed to comply with these Terms and Conditions, or you are otherwise ineligible use this Site for any reason. YOU AGREE THAT MCKENNA HAS NO LIABILITY WHATSOEVER FOR ANY LOSS, LIABILITY, INJURY, OR DAMAGE OF ANY KIND HOWSOEVER ARISING FROM ANY REFUSED, SUSPENDED, CANCELED OR TERMINATED ACCOUNT.
Prices: Unless otherwise stated, all prices are in US Dollars. Where a price is inconsistent as between publicly-accessible portions of the Site and portions of the Site available only by logging in to an Account, the price as indicated on the portion of the Site available only by logging in to an Account is the correct price. Applicable sales taxes and shipping fees will be added prior to purchase as indicated in the details that will be provided during confirmation of a purchase. You are responsible for paying all costs, fees and applicable taxes for services at the time of the transaction with a valid payment method. If your payment method fails, or your Account otherwise becomes past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, and retaining collection agencies and legal counsel for accounts over 180 days past due.
Payment: Payments are securely processed using a third party payment processer. When you complete your payment you will be transferred to the third party processor’s website and their terms and conditions will apply.
Cancellation and Refund Policy
If McKenna cancels the Event, attendees will be notified via email and paid registrations will be refunded. You may also opt to have your registration fee converted to a donation in lieu of a refund.
To cancel your participation in the Event, please contact the firstname.lastname@example.org.
Cancellations and refunds initiated by registrants will be honored as follows:
No refunds will be provided; however, substitute registrants are welcome if provided at least one (1) business day before the program begins.
Complaint Resolution Policy
Please contact McKenna at email@example.com for more information regarding administrative policies such as complaint and refund.
Post Event Contact
By registering for the Event you are consenting to McKenna using your supplied contact information to contact you with respect to the Event, including follow up emails after the Event for evaluations, surveys and donations. If you would like to be added to the McKenna contact list for future events and other information please subscribe where indicated in the registration form or on the McKenna website www.mckenna.academy
Limited scholarships to defray tuition expense for the Event are available upon application on a case-by-case basis.
Scholarship applications must be received at least two (2) weeks before the Event start date. You will be notified prior to the program if your application is approved.
Media Credentials Policy
McKenna media credentials are available to reporters, editors working as reporters, producers, video camera operators and still photographers who present valid press identification.
Please contact McKenna Media Relations & Strategic Communications to request media credentials for the Event.
- What is Personal Information
- What Personal Information Do We Collect?
- How Do We Collect Information?
- Why Do We Collection Personal Information and How Do We Use It?
- What Do We Do With Your Information?
- How Do I Obtain Access To My Personal Information?
- Limitation To Access
- Security Of Personal Information
- How To Contact Us
WHAT PERSONAL INFORMATION DO WE COLLECT?
The Academy collects and uses only the personal information that we need for providing services and operating our business. Generally, the Academy collects the following personal information from individuals for the various purposes set out below:
When using our website www.mckenna.academy (the “Site”) donating, ordering products or registering for event, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other relevant details, which we collect to enhance your experience of our Site, to accept your donation or provide you with products or event registration. We may also collect information you have shared, such as general feedback, comments, or questions and requests to receive periodic updates via our online e-newsletters or other means.
HOW DO WE COLLECT INFORMATION?
We collect information from you whenever you submit information to us, including making a donation, placing an order, registering for an event, subscribing to our newsletter, providing your contact information such as email address, responding to a survey or marketing communication, or otherwise interacting with us or entering information on our site. We also collect certain information automatically, such as IP addresses, when you visit our Site. See Cookies below.
WHY DO WE COLLECT YOUR INFORMATION AND HOW DO WE USE IT?
We normally collect information directly from our customers and donors. We may collect your information from other persons with your consent or as authorized by law. Before or at the time of collecting personal information, we identify the purposes for which we are collecting the information. We do not provide this notification when personal information is volunteered for an obvious purpose. If we wish to use or disclose your information for a new purpose not included in this policy, we will notify you and seek your consent, unless such disclosure is allowed without consent under the law. We use the collected data for various purposes, including to:
- Establish your identity,
- Understand your needs for, and determine your suitability for, products and services,
- Provide services to you and process payments for your account,
- Manage the Academy’s business and operations, including customer relationships and matters,
- Meet legal and regulatory requirements;
- Better understand an individual’s interests in our products and services,
- Deliver, develop, enhance or improve products and services,
- Provide warranties for products and services,
- Enforce our legal relationship with you,
- As is necessary in contemplation of a business transaction,
- Respond to your requests
- Communicate with you concerning your account
- Adhere to applicable legal requirements, and
- In the event you have provided consent to do so, to send you periodic emails regarding other products and services which may be of interest to you (which you may unsubscribe to at any time).
Each time you visit our Site we gather the date, time, browser type, name of the visitor’s Internet service provider, the site that referred the visitor to us, any pages that are requested, the navigation history and IP address of the visitor. The foregoing information does not generally contain anything that can identify users personally. If you object to this gathering of information, you should not use or access our Site. We use this information for our internal security audit log, trend analysis and system administration, and to gather broad demographic information about our user base for aggregate use. This information may be shared with third parties in order to provide services to us or to analyze, store or aggregate the information.
To the extent that our Site contain links to other sites, the owners of those sites are responsible for the privacy practices or content of those other sites. We do not endorse and will not be responsible for the privacy practices on third party websites.
As with almost all websites, temporary log files are kept which identify some information about our visitors, including the IP addresses of machines that access the site. Our Web logs are not available to the public. These logs allow website administrators to see how many people visit, how many pages have been accessed, which pages are accessed most frequently, and which links are leading people to the site.
Standard logs (including ours) also track which pages are visited by each IP address. This information is important for us to have because it allows us to catch “denial of service” attacks (for example, individual computers accessing hundreds of thousands of pages per day). We take great care to make sure this information cannot be used to compromise the privacy and security of our visitors.
Ordinarily we ask for consent to collect, use or disclose personal information, except in specific circumstances where collection, use or disclosure without consent is authorized or required by law. We may assume your consent in cases where you volunteer information for an obvious purpose.
You may withdraw consent to the use and disclosure of personal information at any time, unless the personal information is necessary for us to fulfil our reasonable business or legal obligations. We will respect your decision, but we may not be able to provide you with certain products and services if we do not have the necessary personal information.
The purpose for collecting personal information is set out in this policy. Any necessary consent shall be obtained before personal information is collected, used or disclosed.
We ask for your express consent for some purposes and may not be able to provide certain services if you are unwilling to provide consent to the collection, use or disclosure of certain personal information. Where express consent is needed, we will normally ask clients to provide their consent orally (in person, by telephone), in writing (by signing a consent form), or electronically (by clicking a button).
In cases that do not involve sensitive personal information, we may rely on “opt-out” consent.
The amount and type of personal information collected by the Academy shall be limited to what is necessary to fulfill the identified purpose. Personal information shall only be used or disclosed for the purposes for which it is collected. Exceptions may be made with the consent of the individual or if authorized or required by law.
Personal information collected by the Academy or on behalf of the Academy will be sent to the Academy’s head office in California and will be subject to the laws of the United States. We also send and store personal information on servers in Portugal.
WHAT DO WE DO WITH YOUR INFORMATION?
Your information will only be used by the Academy for the purposes outlined above under “Why Do We Collect Personal Information and How Do We Use It?”. We will not disclose your personal information to any third party, except as set out below.
We may publish donor names to recognize donor support and they may be made available for viewing online. We honor requests from donors who prefer to give anonymously and safeguard such preferences along with stored donor contact information.
Third Party Services
Our service providers/subsidiaries in the United States and Portugal collect, use or disclose your personal information for the following purposes:
- data storage services,
- marketing services including the notification of new products and services special offers, some customer support services,
Whenever we engage a third party service provider to do work for us, we confirm that its privacy and security standards meet our requirements.
Important Notices to Non-U.S. Residents
We may be involved, from time to time, in transactions to sell parts of our business or assets or merge with other businesses. Since our customer information may be part of such transactions, we may use or disclose this information to other parties involved in the transaction. In such cases, the information that is shared is limited to what is necessary to accomplish the transaction, and we take appropriate steps to protect the information from improper use or disclosure.
There are exceptions where we may collect, use or disclose personal information without consent when required or permitted by law.
From time to time, we may be compelled by legal action to release information (e.g., statutory reporting obligation, search warrant, court order, bankruptcy or insolvency proceedings etc.). In certain circumstances, we may also be permitted by law to collect, use or disclose information without the consent of the individual concerned. For example, we may disclose personal information without consent if it is to be used in an emergency that threatens the life, health or security of the individual, or when collecting unpaid amounts owed or owing to us, to other businesses in order to investigate a breach of an agreement or a contravention (or anticipated contravention) of a federal or provincial law where it is reasonable to expect that obtaining the consent from the individual for the disclosure would compromise the investigation. For the purposes of detecting or suppressing fraud we may also disclose personal information without consent to a government institution or to the individual’s next of kin or authorized representative if there are reasonable grounds to believe that the individual has been the victim of “financial abuse,” and where it is reasonable to expect that obtaining the consent from the individual for the disclosure would compromise the ability to prevent or investigate the abuse. We may also make limited disclosure of personal information to an organization or government institution without the individual’s consent in order to reduce the risk or mitigate the harm resulting from a breach.
We do not sell, or trade your personal information to outside parties.
HOW DO I OBTAIN ACCCESS TO MY PERSONAL INFORMATION?
Upon request received by the Academy in writing, individuals shall be informed of the existence, use, and disclosure of their personal information records and shall be given access to that information. Requests to access personal information held by the Academy should be directed to the Academy’s Privacy Officer. We are also happy to delete your information from our database, in accordance with the “right to be forgotten.” However, we are not required to comply with your request to erase personal information if the storage or disclosure of your personal information is necessary for compliance with a legal obligation and/or the establishment, exercise, or defense of legal claims.
LIMITATION TO ACCESS
The Academy will only refuse access to information about you in those circumstances permitted or required by applicable privacy legislation.
In the event that the Academy refuses to provide access to information, it will provide you with the reasons for its refusal upon request. Exceptions may include information that contains references to or opinions of other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, or information that is subject to solicitor-client or litigation privilege. The Academy will respond to your requests for access in accordance with applicable privacy legislation.
SECURITY OF PERSONAL INFORMATION
Personal information will be retained only as long as necessary and will be disposed of in a manner that is appropriate to the sensitivity of the information. We render client personal information non-identifying, or destroy records containing personal information once the information is no longer needed. We use appropriate security measures when destroying client personal information, including shredding paper records and permanently deleting electronic records.
We take commercially reasonable steps to protect your information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail may not be secure, and you should, therefore, take special care in deciding what information you send to us via e-mail.
To help prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
All online donation transactions are handled by Payment Card Industry (PCI)-compliant vendors. PCI refers to the technical and operational standards that businesses must follow to ensure that credit card data provided by cardholders is protected. Personal information will be protected by security safeguards, appropriate to the sensitivity of the personal information.
If you are a visitor from the European Economic Area and/or to the extent required by applicable law, you have the following additional data protection rights:
- You can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information.
- If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
- You have the right to lodge a complaint with an applicable data protection authority. You have the right to lodge such a compliant in the European country of your habitual residence, place of work, or place of an alleged infringement if you consider that the processing of your personal information infringes applicable EU data protection laws. A list of all European supervisory authorities and their respective contact information is available here.
If you are a visitor from Canada and/or to the extent required by applicable law, you have the following additional data protection rights:
- If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. Withdrawal of your consent may make it impossible to provide certain services to you. To make such a request contact our Privacy Officer: firstname.lastname@example.org
- You have the right to access your personal information, request correction of your personal information and information on to whom your information has been disclosed. To make such a request contact our Privacy Officer email@example.com
- You have the right to lodge a complaint with an applicable privacy commissioner. You have the right to lodge such a compliant in the province of your habitual residence.
We reserve the right to limit the rights described above at any time where permitted under applicable law, including where your identity cannot be reasonably verified by Miller or to the extent your rights adversely affect the rights and freedoms of others.
You can exercise any of the foregoing rights by contacting us using the contact details provided under the How To Contact Us section below.
If you are not satisfied with the response from our Privacy Officer after making a complaint, you may have recourse to additional remedies under applicable privacy legislation.
COPPA (Children Online Privacy Protection Act)
We do not specifically market to children under the age of 13 years old. Should you become aware of anyone under the age of 13 years using our Site please let us know.
How to Contact Us