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Terms of Service

Last Updated: July 31, 2024

McCrickard Consultants Terms of Service

1. Introduction and Acceptance of Terms

Welcome to the McCrickard Consultants website (the "Site"). By accessing or using our Site, you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use our Site.

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2. Modifications to Terms

We reserve the right to modify these Terms at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

3. Description of Services

McCrickard Consultants provides consulting services in civil construction and related fields. The information and materials on our Site are provided for general informational purposes only and do not constitute professional advice.

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4. User Responsibilities and Obligations

You agree to use the Site for lawful purposes only. You may not use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm McCrickard Consultants or users of the Site.

  • To impersonate or attempt to impersonate McCrickard Consultants, a McCrickard Consultants employee, another user, or any other person or entity.

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5. Account Registration and Security

If you create an account on our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

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6. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

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7. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by McCrickard Consultants, its licensors, or other providers of such material and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

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8. User Content and Conduct

The Site may contain interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the content standards set out in these Terms.

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By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

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9. Third-Party Links

The Site may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

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10. Disclaimer of Warranties

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Your use of the Site and its content is at your own risk.

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11. Limitation of Liability

To the fullest extent provided by law, McCrickard Consultants will not be liable for any damages of any kind arising from the use of the Site or from any information, content, materials, products, or other services included on or otherwise made available to you through the Site.

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12. Indemnification

You agree to defend, indemnify and hold McCrickard Consultants and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses including (without limitation) attorney’s fees and costs of defense, incurred due to any user's actions or use of the service. McCrickard Consultants shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link of the Site. McCrickard Consultants makes no warranties of any kind, express or implied, with respect to such links.

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13. Termination

McCrickard Consultants reserves the right to terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Site or is in violation of any applicable law or these Terms of Service.

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Upon termination, your right to use the Site will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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14. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the state in which McCrickard Consultants is headquartered, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms of Service, including any questions regarding their existence, validity, or termination, shall be resolved through amicable negotiations. If such negotiations fail, the dispute shall be settled by binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA), and the arbitration award may be entered in any court having jurisdiction.

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15. Miscellaneous

These Terms of Service constitute the entire agreement between you and McCrickard Consultants regarding the use of the Site. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and McCrickard Consultants' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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16. Contact Information

If you have any questions about these Terms of Service, please contact us at: info@mccrickardconsultants.com.au

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