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GROSSMANLLP.CA – WEBSITE TERMS AND CONDITIONS OF USE

Welcome to www.grossmanllp.ca (the “Website”). 

ACCEPTANCE OF THE WEBSITE TERMS AND CONDITIONS OF USE

Terms and Conditions

These website terms and conditions of use for the domain www.grossmanllp.ca, constitute a legal agreement and are entered into, by, and between you and Grossman Management Services Corp. a company whose registered office is located at 800-1090 W Georgia St., Vancouver, BC V6E 3V7 and Grossman LLP, a British Columbia limited partnership which is located at the same address (together, the “Company,” “we,” “us,” “our”). The following terms and conditions together with any documents or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use of, including any content, functionality, and services offered on or through www.grossmanllp.ca (the “Website”).

 Acceptance

BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE. 

Age of Majority

BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE AND THAT YOU ARE ABLE UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH THE COMPANY AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Representative Use

IF YOU ARE USING THE WEBSITE ON BEHALF OF ANY ENTITY, YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS ON SUCH ENTITY’S BEHALF.

MODIFICATIONS TO THE TERMS AND CONDITIONS AND TO THE WEBSITE 

Modification of Terms and Conditions

We reserve the right, in our sole discretion, to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review these Terms and Conditions in order to be aware of any such modifications. Your continued of the Website constitutes your acceptance of any such modifications.

Modification of Website

We may change, withdraw, or terminate the information, material, or any service or function provided on this Website and the Website itself at any time in our sole discretion without notice to you. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

 REPORTING AND CONTACT

Intellectual Property Right Infringement

Should you become aware of any infringement of the intellectual property rights of the Company, its affiliates, or its licensors, you must report such infringement to the Company at: info@grossmanllp.ca.

Misuse of Website

Should you become aware of misuse of the website including, without limitation, libelous or defamatory conduct, you must report it to the Company at: info@grossmanllp.ca.

Other Communications

All other feedback, comments, requests for technical support, and other communications relating to the Website (collectively, “Feedback”)should be directed to: info@grossmanllp.ca. By providing us with Feedback, you:

  1. agree that such Feedback is provided to us on a non-proprietary and non-confidential basis; and
  2. grant to us a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license, with the right to sublicense through multiple levels of sublicensees, to reproduce, modify, perform, display, distribute, disclose, or otherwise use in any manner and without limitation, the Feedback, for any purpose including, without limitation, incorporating such Feedback into any form, medium or technology throughout the world, without compensation to you; and
  3. waive any and all moral rights or other rights of authorship which you may have with respect to the Feedback including, without limitation, the right to be associated with such Feedback as its author and the right to remain anonymous, and you agree that such waiver is a condition of submitting any such Feedback to us.

Notice by E-mail

Both you and the Company may give legal notice to the other party by means of e-mail. Any such legal notice sent by e-mail is deemed delivered when sent by the sending party on a regular business day in the recipient’s jurisdiction during regular business hours, and otherwise will be deemed to have been received on the following regular business day.  The notice address of the Company is: info@grossmanllp.ca (or such other address that the Company provides to you). Your notice address is the current e-mail address listed by you in your user profile.

YOUR USE OF THE WEBSITE AND SECURITY

Access to Website

You are responsible for obtaining your own access to the Website and for the Website’s availability and performance. You must ensure that all persons who you knowingly permit to access the Website through your internet connection are aware of and comply with these Terms and Conditions. You are responsible for any security breaches or performance issues relating your access to the Website.

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 Website may facilitate access to, or communications with, partners, employees and consultants of Grossman LLP by way of email or otherwise via the Website. The receipt of any such communications by the Company does not create a lawyer-client, other professional-client or fiduciary relationship.  The Website or the availability of the Content does not suggest that any member of Grossman LLP practises professionally in any jurisdiction other than in which he or she is qualified.

Legal Advice Not Provided

The Content (defined below) 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 us 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.

Communications Not Confidential

The Company does not guarantee the confidentiality of any communications made by you via email or otherwise through the Website and cannot guarantee that any such communication is protected by solicitor-client or any other professional privilege.  If you wish to provide information of a confidential or sensitive nature to any Grossman LLP personnel, please contact a lawyer or other professional directly by telephone.

Prohibited Security Violations

You must not attempt to circumvent and violate the security of this Website including, without limitation:

  1. accessing content and data that is not intended for you;
  2. attempting to breach or breaching the security and/or authentication measures which are not authorized;
  3. restricting, disrupting, or disabling service to users, hosts, servers or networks;
  4. illicitly reproducing TCP/IP packet header;
  5. disrupting network services and otherwise disrupting our ability to monitor the Website;
  6. using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
  7. introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  8. attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or 
  9. otherwise attempting to interfere with the proper working of the Website.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

Copyright and Other Intellectual Property Rights

You understand and agree that the Website and its entire contents, features, services, and functionality including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, infrastructure, and arrangement (collectively, the “Contents”) are owned by the Company, our affiliates, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and other proprietary rights.

Trademarks

You understand and agree that:

  1. the names Grossman LLP and Grossman Management Services Corp., the Grossman LLP logo and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company, our affiliates, or licensors, and you must not use such marks without the prior written permission of the Company;
  2. other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners; and
  3. use of any such property, except as expressly authorized, constitutes a violation of the rights of the property owner and may be a violation of federal or other laws and could subject the violator to legal action.

Permitted Uses of Website and Contents

You must only use the Website for your personal and non-commercial use.  You must not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, link to, or transmit any of the material on our Website or its Contents, in any form or medium whatsoever, except:

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and
  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever. 

Prohibited Uses of Website and Contents

You must notmodify copies of any materials from the Website or its Contents nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or its Contents. You must not access, link to or use for any commercial purposes any part of the Website, its Contents, or any services or materials available through the Website.

Consequences of Breach

If you link to, print, copy or download, in any form or medium, any part of the Website or its Contents in breach of these Terms and Conditions, your right to use the Website ceases immediately and you must, at our option and promptly upon our request, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any of the Contents, and all rights not expressly granted are reserved by the Company. You acknowledge and agree that any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other intellectual property laws.

Lawful Use

As a condition of your access and use, you must use the Website only for lawful purposes and in accordance with these Terms and Conditions. 

Geographic Restrictions

The Company is based in British Columbia, Canada.  This Website is not intended for use in any jurisdiction where its use is not permitted.  If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with any applicable laws and regulations of your jurisdiction.

Waiver of Claims

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

No Responsibility to Monitor

We have no obligation or responsibility to any party to monitor the Website or its use.

NO RELIANCE

Website Content

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.

Website Information

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. The information published or displayed on the Website may contain inaccuracies or errors. WE SPECIFICALLY DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION DISPLAYED ON THIS WEBSITE INCLUDING SERVICE DESCRIPTIONS. Your use of the Website is at your own risk and the Company has no responsibility or liability whatsoever for your use of this Website.

PRIVACY

Ownership of User Submissions and Information

Any user information belongs solely to us. Your submissions to or use of the Website constitutes your consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user information or submissions in compliance with our Privacy Policy, as we deem necessary for use of the Website and provision of services.

Cookies

By using this Website, you consent to the use of cookies which allow a server to recall previous requests, registration, or IP addresses to analyze website use patterns. You may set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You may also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

User Risk

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

No Representations or Warranties

NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, LAWYERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability for Breach of Warranty

We cannot and do not guarantee, represent, or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF-SERVICE ATTACK, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on General Liability

UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, PROFESSIONAL NEGLIGENCE, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE COMPANY OR OTHER AFOREMENTIONED PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF SAME, ARISING OUT OF OR IN CONNECTION WITH YOUR RELIANCE ON, USE OF, OR INABILITY TO USE, THE WEBSITE, ANY LINKED WEBSITES OR OTHER THIRD PARTY WEBSITES, THIRD PARTY WEBSITE CONTENT, THIRD PARTY MATERIALS, OR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

GENERAL TERMS

Indemnification

To the maximum extent permitted by applicable law, you must defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third party websites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

Entire Agreement

These Terms and Conditions, our Privacy Policy constitute the sole and entire agreement between you and the Company regarding your use of and access to the Website, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding same.

Cumulative and Equitable Remedies

Rights and remedies under these Terms and Conditions are cumulative and are in addition to and not in substitution of any other rights and remedies available at law or in equity or otherwise. You understand and agree that irreparable damage may occur if you do not comply with these Terms and Conditions and that the Company is entitled to seek, in addition to any other remedy the Company may be entitled to at law or in equity, equitable relief including, without limitation, injunctive relief or specific performance, of the terms in these Terms and Conditions.

Governing Law and Forum

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of British Columbia or any other jurisdiction) and notwithstanding your domicile, place of residence or physical location. Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the province of British Columbia or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Headings

The headings in these Terms and Conditions are included for convenience or reference only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these Terms and Conditions or any provision herein.

Waiver

No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.