TERMS AND CONDITIONS OF USE
Acceptance of Terms
This website is the official site of Nixon Wenger LLP (the “Website”). Please read these Terms of Use carefully before using the Website. The Website is provided to you on an “as is”, “as available” basis and the information provided herein is provided solely for the reader’s general knowledge. Each time you access the Website, you agree and accept these Terms of Use, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. If you do not agree with any of these Terms of Use, then you should not access or use the Website for any purpose.
Privacy Policy
By accessing or using the Website, you agree to be bound by the terms of the Nixon Wenger Privacy Policy
Changes to these Terms of Use
Nixon Wenger reserves the right to, in its sole discretion, modify these Terms of Use from time to time, for any reason, and without any prior notice or liability to you or any other person. Please therefore visit this page periodically to review the Terms of Use. By accessing the Website after any such modifications, you agree to be bound by and comply with the Terms of Use then posted. If any change to these Terms of Use is not acceptable to you, you must cease accessing and using the Website.
Use of our Website
The Website is made available to you for your lawful, personal, non-commercial use only. You agree to access and use the Website only in accordance with the scope of the uses permitted in these Terms of Use and all applicable laws, and not to take any action that may compromise the security of the Website or render the Website inaccessible to others or otherwise cause damage to the Website. Nixon Wenger reserves the right to terminate or limit your access to the Website for any violation of these Terms of Use, or for any other reason, in its sole discretion.
The Website and all of its content, including text, data, literature, graphics, images, photographs, artwork, sound, videos and all audio-visual works, software, layout of the Website, other information and materials, and modifications and enhancements of the foregoing (the “Content”) is the property of Nixon Wenger, and is protected by local, national, and international copyright, trademark, and other intellectual property laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or the Content. Except as granted in the limited licence below, you agree not to copy, reproduce, republish, translate, transmit, modify, distribute or otherwise use the Website or Content.
Limited License
Subject to these Terms of Use and Privacy Policy, Nixon Wenger hereby grants to you a non-exclusive, non-transferable and revocable licence to display on a personal computer, print or download Content for your personal, non-commercial use, provided that you do not modify any of the Website pages or Content and you do not remove or alter any identification, marks, notices, or disclaimers.
Trademark Information
Any trademarks, tradenames, logos and service marks (“Trademarks”) displayed on the Website are protected by intellectual property rights of Nixon Wenger. Any use of any Trademark, except as expressly provided in these Terms of Use, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademarks.
No Lawyer-Client or Other Relationship Created
Your access to, or use of, the Website does not create a lawyer-client, other professional-client or fiduciary relationship. Your use of the Site may facilitate access to, or communications with, partners, employees and consultants of Nixon Wenger (“Nixon Wenger Personnel”) by way of email or otherwise via the Website. The receipt of any such communications by Nixon Wenger Personnel does not create a lawyer-client, other professional-client or fiduciary relationship, and Nixon Wenger is under no obligation to keep confidential your communication nor will any such communication invoke solicitor-client privilege, unless you have a pre-existing documented solicitor-client relationship with Nixon Wenger.
Legal Advice Not Provided
Although Nixon Wenger takes reasonable steps to ensure the Content is current, it is provided solely for informational purposes and does not constitute legal or other professional advice. The Content should not be relied upon as accurate, reliable, complete, current, timely or fit for any particular purpose, without receiving advice from a lawyer or other relevant professional. You should seek specific legal advice by contacting a Nixon Wenger Personnel or your own legal counsel in relation to your specific legal issues. No one should act, or not act, on the sole basis of the Content.
Links With Other Websites
The Website may include links to websites of other parties (collectively “Other Sites”) for your convenience only. Other Sites are independent from Nixon Wenger, and the content in Other Sites is not controlled, monitored, endorsed, or provided by Nixon Wenger. If you choose to access Other Sites, your use and dealings with the owners or operators of Other Sites is at your own risk. Nixon Wenger does not provide any representation, warranty or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any Other Site or the content thereon.
Disclaimer
NIXON WENGER DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER NIXON WENGER NOR ANY NIXON WENGER PERSONNEL MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, RELIABILITY, CURRENCY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY NIXON WENGER TO THE FULLEST EXTENT PERMITTED BY LAW. NIXON WENGER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Limitation of Liability
NEITHER NIXON WENGER NOR ITS AFFILIATES WILL UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER LEGAL THEORY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE RELIANCE UPON, ACCESS TO, USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR CONTENT BY YOU OR ANY OTHER PERSON, EVEN IF NIXON WENGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES FEES, PENALTIES OR OTHER LIABILITIES, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES.
Indemnification
You hereby agree to defend, indemnify and hold Nixon Wenger and its affiliates, together with its respective directors, officers, partners, employees, agents, licensors, and suppliers (collectively, the “Affiliates”) harmless from and against any and all claims, losses, liabilities and expenses (including lawyer’s fees) related to or arising out of your access or use of the Website, including any breach by you of these Terms of Use or the Privacy Policy, or your violation of any third party rights.
Governing Law and Dispute Resolution
These Term of Use, your use of the Website, and all related matters are governed solely by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Nixon Wenger and you or any other person arising from, connected with or relating to the Website, these Terms of Use or any related matters must be resolved before the Courts of the Province of British Columbia, notwithstanding any conflicts of laws principles, your domicile, residency or physical location, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Entire Agreement
These Terms of Use, together with the Privacy Policy, including any changes made to the Terms of Use or Privacy Policy from time to time and any document referenced herein, constitutes the entire agreement between you and Nixon Wenger relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and Nixon Wenger with respect to your use of the Website or the Content.
Interpretation
All references in these Terms of Use, the Privacy Policy, the Website, or the Content to “Nixon Wenger”, “we”, “us”, or “our” should be interpreted to mean Nixon Wenger LLP. The insertion of headings herein is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use.
Severability
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Enurement
The provisions of these Terms of Use will enure to the benefit of and be binding upon each of Nixon Wenger and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.
Waiver
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
These Terms of Use are effective as of December 17, 2021.
