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 firstname.lastname@example.org
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 email@example.com. 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 firstname.lastname@example.org, or by mail to: McKenna Academy of Natural Philosophy, 4460 Redwood Hwy Suite 16 – 547 San Rafael, CA 94903