Terms of use

Jan Kelley maintains this website (the "Site") for the purpose of providing clients and prospective clients with information about Jan Kelley, its capabilities and the work it has completed for clients over the years. By using the Site, you are agreeing to comply with and be bound by these Terms of Use (the "Terms"). Please review these Terms carefully. If you do not agree to these Terms, please discontinue your use of the Site.

Acceptance

You hereby agree to all of the terms and conditions set forth herein. Jan Kelley reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time and you agree to comply with and be bound by all such modifications, alterations and updates. The current version of these Terms will be posted on the Site and Jan Kelley urges you to review such Terms prior to using the Site.

Proprietary Rights

Jan Kelley owns and controls the Site and all material appearing thereon, including, without limitation, all images, illustrations, text, audio clips and video clips (collectively, the "Content"). The Content, organization, compilation, digital conversion and all other matters related to the Site are protected under applicable copyright, trademark and other proprietary (including, without limitation, intellectual property) laws. The copying, redistribution, use or publication of any Content or any part of the Site, except as expressly permitted by Section 3 hereof, is strictly prohibited. You do not acquire ownership rights to any Content accessed through the Site. The posting of information or materials on the Site does not constitute a waiver by Jan Kelley or any other person of any right in such information or materials.

If you believe in good faith that any Content appearing on the Site violates the copyright, trademark or other proprietary rights of any person, please submit the following information in the following format (including section references) to webmaster@jankelley.com:

  • a clear identification of the copyright, trademark or other proprietary work that you believe has been infringed;
  • a clear identification of the Content that you believe is infringing the copyright, trademark or other proprietary work of another person, along with information that will allow Jan Kelley to locate that material on the Site, such as a link to the infringing material;
  • your contact information, including your name and email address;
  • the following statement: "I have a good faith belief that the material that is claimed as infringement is not authorized by the rights owner, its agent, or the law"; and
  • the following statement: "I attest that the above information is accurate and that I am the copyright/trademark owner or am authorized to act on the owner's behalf".

Jan Kelley will review and address all notifications which comply with the above requirements.

Limited Right to Use Site

Subject to these Terms, Jan Kelley grants you a non-exclusive, non-transferable, revocable, limited licence to display on your computer and view the Content for the sole purpose of obtaining information about Jan Kelley and the various services it provides. No other use is permitted.

Prohibited uses of the Site include, without limitation:

  • modifying, copying, distributing, transmitting, displaying, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any Content;
  • reproducing any Content for any purpose whatsoever without the prior written authorization of Jan Kelley;
  • exploiting the Content for personal or corporate gain; and
  • using the Site in any manner that could damage, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse this Site or any services, servers, networks or affiliated or linked sites, connected to or accessible through the Site (including, without limitation, uploading, posting or otherwise transmitting on the Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive, or that may impose an unreasonable or disproportionately large load on the Site's infrastructure).

Modification of Site

Jan Kelley reserves the right, in its sole discretion, to edit or delete any Content appearing on the Site.

User Submissions

Jan Kelley does not accept or consider unsolicited ideas, including ideas for advertising campaigns, marketing strategies, new or improved products, technologies, services, processes or materials. This policy is necessary in order to avoid any misunderstandings in the event that Jan Kelley's activities bear similarities with one or more unsolicited ideas offered by its users. DO NOT SUBMIT IDEAS AT ANY TIME. If, in spite of this request, you submit an unsolicited idea, (a) your idea will automatically become the property of Jan Kelley, free and clear of any and all claims by you or any other person, without any compensation to you, (b) Jan Kelley will have no obligation to keep your idea confidential, and (c) Jan Kelley may use your idea for any purpose whatsoever.

Privacy

Personally Identifiable Information

Jan Kelley respects the privacy concerns of all persons visiting the Site. Jan Kelley does not collect personally identifiable information from visitors of the Site, unless such information is provided on a voluntary basis, such as by completing an online form or submitting an email. Online forms and email messages are not secure methods of information exchange and visitors of the Site should exercise caution in transmitting any information, personal or otherwise, using these means. Jan Kelley may use email addresses and other personally identifiable information to contact visitors who have voluntarily provided such information. For example, Jan Kelley may contact visitors who have provided their email addresses and other personally identifiable information for specific purposes, such as notifying visitors about the products and services offered by Jan Kelley and/or its clients.

Unless a visitor expressly consents to the disclosure of his or her personally identifiable information, only Jan Kelley, its affiliates, technical consultants, third party auditors and other third parties who make the Site available, enhance its functionality, or provide associated services, have access to personally identifiable information. Jan Kelley requires that all such persons and organizations observe the terms of this privacy policy. Please note, however, that Jan Kelley reserves the right to transfer personally identifiable information and other information to its successors in business and purchasers of Site assets. Except as provided for herein, Jan Kelley does not sell or otherwise transfer personally identifiable information to other persons or organizations.

If you submit personally identifiable information, you may subsequently ask Jan Kelley to delete such information and to cease further contact with you by sending a request titled "Privacy-Urgent" to webmaster@jankelley.com. If Jan Kelley receives such a request, your personally identifiable information will be deleted within a reasonable period of time.

Non-Personally Identifiable Information

Jan Kelley may collect and store certain non-personally identifiable information about visitors of the Site, such as the type of browser being used, the type of operating system being used, and the domain name of the visitor's Internet Service Provider. This information is collected in an aggregate and anonymous form. Jan Kelley uses this information to create an enhanced online experience for visitors to the Site, for tracking the number of visitors to the site, and for better understanding visitors' use of the Site. Jan Kelley may also provide this information to reputable third party vendors for marketing, advertising and other uses.

Cookies

When you visit the Site, Jan Kelley may store information on your computer in the form of a "cookie," which is a text file placed on your browser. The cookie enables select advertising partners of Jan Kelley to collect anonymous information about your visits to the Site in order to develop advertisements which directly relate to offers that may be of interest to you and to distribute web-based advertisements based on your internet browsing patterns. If you prefer not to receive relevant advertisements, you may opt out at any time by clearing the cookies on your computer after visiting the Site. Most internet browsers allow you to erase cookies from your computer hard drive, block cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions to learn more about these functions.

Security

Jan Kelley is committed to ensuring the security of all information which it collects from visitors to the Site. To prevent unauthorized access, maintain data security and ensure the appropriate use of information, Jan Kelley has implemented physical and electronic procedures to safeguard and secure such information.

Linked Sites

Certain links on the Site may take you to other websites (the "Linked Sites"). Linked Sites are independent from the Site and Jan Kelley provides these links as a convenience only. Jan Kelley has no control over, and is not responsible for, the content of any Linked Site. Jan Kelley makes no representation or warranty regarding, and does not endorse, any Linked Site, the information appearing thereon, or any of the products or services offered thereby. If you click on any links, you will leave this Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The terms of use and privacy policies applicable to the Linked Sites may be different than those applicable to this Site. Jan Kelley may terminate a link to any website at any time. You are strictly prohibited from linking this Site to other websites without Jan Kelley's prior express consent.

Disclaimer

The Site and the Content are offered "as is" and without warranty of any kind. To the fullest extent permitted by applicable law, Jan Kelley hereby disclaims all terms, conditions, representations and warranties, express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular purpose, title and non-infringement. Jan Kelley does not warrant that the Site or the Content will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Jan Kelley does not warrant or make any representations regarding the Site and/or the Content with respect to correctness, accuracy, reliability or otherwise.

Limitation of Liability

Neither Jan Kelley nor its affiliates are responsible or liable to any person or entity whatsoever for any loss, damage (direct, indirect, general, special, consequential or otherwise), injury, claim, liability, expenses, loss of data or other loss arising directly or indirectly out of or in connection with the provision, use or failure of the Site and/or the Content, whether negligent or otherwise, and which would otherwise give rise to a cause of action in contract, tort or any other doctrine of law, regardless of whether Jan Kelley has been informed of the possibility of such damages.

Indemnity

You agree to indemnify, defend and hold Jan Kelley, its affiliates and its content providers harmless from any and all liability, loss, injury, damages, costs and expenses, including reasonable legal fees and expenses, arising from your use of the Site and/or the Content.

Miscellaneous

Trademarks, The Jan Kelley trademark and logo appearing on the Site (the "Marks") are owned by Jan Kelley. Use of the Marks is strictly prohibited without the prior written consent of Jan Kelley. All other trademarks, product names and company names or logos appearing on the Site are the property of their respective owners and may not be used without the prior written consent of such owners. Nothing appearing on the Site or elsewhere will be construed as granting, by implication or otherwise, any licence or right to use the Marks or any other trademarks appearing on the Site.

Entire Agreement, These Terms constitute the entire agreement between you and Jan Kelley with respect to your use of the Site. These Terms supersede all prior agreements, understandings, negotiations and discussions, oral or written, between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with your use of the Site, except as specifically set forth herein.

Severability, If any provision of these Terms is invalid or unenforceable under applicable law, such provision will be, to that extent, deemed omitted and the remaining provisions shall continue in full force and effect.

Termination, These Terms will automatically terminate if you are in breach of any of the provisions contained herein. Jan Kelley reserves the right, in its sole discretion, to suspend or terminate your access to the Site or any portion thereof at any time, without notice. Upon any such termination, you may no longer access or use the Site.

Jan Kelley may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part of it or any of its features at any time, for any reason, and without any notice or liability to you or any other person.

Survival, The disclaimer, limitation of liability and indemnity provided for herein shall survive indefinitely following termination of these Terms.

Governing Law, These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario in the City of Burlington for any legal proceeding arising out of or relating to your use of the Site and/or these Terms.

Language, The parties hereto acknowledge having required that these Terms, as well as all notices, documents or agreements related to these Terms be drafted in English. Les parties aux présentes reconnaissent avoir exigé que la présente convention ainsi que tous avis, documents ou ententes s'y rapportant soient rédigés en anglais.