Terms and Conditions

Introduction

Welcome to GavinMchale.com. This website is owned and operated by Gavin McHale Consulting. By visiting this website and accessing the information, resources, services, products, and tools I provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’).

This agreement is in effect as of September 9, 2014.

I reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting my website and accessing the information, resources, services, products, and tools I provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access my Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access my Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of my Resources by any means other than through the means I provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of my Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with my Resources, including the servers and/or networks to which my Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell my Resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that I may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. I may provide various open communication tools on my website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally I do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  3. Contains any type of unauthorized or unsolicited advertising;
  4. Impersonates any person or entity, including any www.gavinmchale.com employees or representatives.

I have the right at my sole discretion to remove any content that, I feel in my judgment does not comply with this User Agreement, along with any content that I feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. I am not responsible for any delay or failure in removing such content. If you post content that I choose to remove, you hereby consent to such removal, and consent to waive any claim against me.

h. I do not assume any liability for any content posted by you or any other 3rd party users of this website. However, any content posted by you using any open communication tools on my website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Gavin McHale Consulting, and as such, gives me a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as I see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use my Resources.

i. You agree to indemnify and hold harmless Gavin McHale Consulting and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. I reserve the right to take over the exclusive defence of any claim for which I am entitled to indemnification under this User Agreement. In such event, you shall provide me with such cooperation as is reasonably requested by myself.

Limitation of Warranties

By using my website, you understand and agree that all Resources I provide are “as is” and “as available”. This means that I do not represent or warrant to you that:

i) the use of my Resources will meet your needs or requirements.

ii) the use of my Resources will be uninterrupted, timely, secure or free from errors.

iii) the information obtained by using my Resources will be accurate or reliable, and

iv) any defects in the operation or functionality of any Resources I provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of my Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Gavin McHale Consulting or through any Resources I provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against  shall be limited to the amount you paid, if any, for use of products and/or services. Gavin McHale Consulting will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on www.gavinmchale.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Gavin McHale Consulting, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Gavin McHale Consulting.

Termination of Use

You agree that I may, at my sole discretion, suspend or terminate your access to all or part of my website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources I provide will immediately cease, and I reserve the right to remove or delete any information that you may have on file with me, including any account or login information.

Governing Law

This website is controlled by Gavin McHale Consulting. It can be accessed by most countries around the world. By accessing my website, you agree that the statutes and laws of our state, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, GAVIN McHALE CONSULTING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these my Terms of Service as outlined above, you can contact me at:

Gavin McHale

gavinmchale@gmail.com