NEWTON’S LEGAL TERMS OF SERVICE
Modifications. Newton’s reserves the right to modify the Terms at any time. You should review the Terms regularly. By accessing or using the Site after any such modifications, you agree to be bound by, and comply with, the Terms then posted. If any modification is not acceptable to you, you must cease accessing and using the Site.
No Lawyer-Client or Other Relationship Created. Your access to, or use of, the Site does not create a lawyer-client, other professional-client or fiduciary relationship. Your use of the Site may facilitate access to, or communications with, lawyers, employees and consultants of Newton’s (“Newton’s Personnel”) by way of email or otherwise via the Site. The sending or receipt of any such communications by Newton’s Personnel does not create a lawyer-client, other professional-client or fiduciary relationship. The Site or the availability of the Content does not suggest that any Newton’s Personnel practises professionally in any jurisdiction other than in which he or she is qualified.
Legal Advice Not Provided. The Content 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 Newton’s 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.
Currency of Content. The Content is provided solely for informational purposes. The Content is current as of the date of first publication but may no longer be accurate as a result of the passage of time, changes in the law or subsequent court decisions.
Communications Not Confidential. Newton’s does not guarantee the confidentiality of any communications made by you via email or otherwise through the Site 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 Newton’s Personnel, please contact a lawyer or other professional directly by telephone.
Permitted Uses. You may access and use the Site and the Content only in accordance with all applicable laws and the Terms. Subject to the Terms, Newton’s grants to you a non-exclusive, non-transferable and revocable licence to access and use the Site and the Content only to display and save on your own computer, download and print a copy of the Content for your use, provided that the Content is not modified (“Permitted Uses”). By accessing or using the Site or the Content, or by displaying, saving, downloading or printing a copy of any Content, you do not acquire any other right or licence to the Site or the Content.
Linking. Where you provide a link to the Site from another website, Newton’s reserves the right to require you to disable such link. The Site may, for convenience, provide links to websites of other parties. The content in any website to which the Site provides a link is not provided by, or under the control of, Newton’s, and if you choose to access any such website, you do so entirely at your own risk. Neither Newton’s nor any Newton’s Personnel endorses or republishes any content contained on any website that links to, or may be linked from, the Site or provides any representation, warranty or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or the content thereon.
Prohibited Activities. You may not access the Site or use the Site or the Content in any way or for any purpose that is unlawful. Without the prior written consent of Newton’s, you may not access the Site or use the Site or the Content for any purpose that is outside the scope of the Permitted Uses, or that violates the rights of Newton’s, any Newton’s Personnel or any other person. Without limiting the foregoing, without such consent, you may NOT engage in, or perform, directly or indirectly, any of the following activities with the Site or the Content or any portion thereof:
No distribution. Making available, distributing, displaying, posting, disseminating, publishing, republishing, retransmitting, communicating to the public, or broadcasting;
No modification. Creating a derivative work, modifying, translating, selecting, arranging, merging, compiling or otherwise combining with other data or other content or framing from or on another website;
No scraping. Scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize or manipulate any Content, whether by an automatic program or a manual process;
No transaction. Selling, licensing, sublicensing or engaging in any other commercial transaction relating to the Site, the Content or any reproduction of all or any portion thereof in any medium;
No decompilation. Decompiling, disassembling, reverse engineering or other exploitation of the Site, its architecture or the underlying software or code; and
Not outside permitted uses. Any activity that is outside the scope of activity permitted by the Terms.
To seek permission in respect of any activity with the Site or the Content that is not permitted by the Terms, please contact the Newton’s Client Relations Department at firstname.lastname@example.org
Risks You Assume. Access to, and use of, the Site and the downloading of Content are done at your own risk. Newton’s does not represent, warrant or guarantee that the Site or the Content is compatible with your computer systems or that the Site or the Content is or will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Site.
Disclaimer and Limitation of Liability. THE SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS TO, AND USE OF, THE SITE OR THE CONTENT IS AT YOUR OWN RISK. NEITHER NEWTON’S NOR ANY NEWTON’S PERSONNEL MAKES ANY REPRESENTATION, WARRANTY OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THE SITE OR THE CONTENT. NEITHER NEWTON’S NOR ANY NEWTON’S PERSONNEL ASSUMES ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEWTON’S AND NEWTON’S PERSONNEL DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL NEWTON’S OR ANY NEWTON’S PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, WHETHER OR NOT NEWTON’S OR ANY NEWTON’S PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.
General Provisions. The Terms, including any documents referenced herein, constitute the entire agreement between Newton’s and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Newton’s with respect to the Site or the Content. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by Newton’s to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or right. If any of the provisions contained in the Terms are determined to be void, invalid or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.
Governing Law. The interpretation, validity, effect and enforcement of the Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to the access and use of the Site or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residency or physical location, or the location of the Newton’s office or any Newton’s Personnel with whom you may communicate or deal. The Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use.
Dispute. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario, Canada. The language of the arbitration shall be English. However, in the event that Newton’s determines that any breach or other violation of the Terms, or any violation of the intellectual property, privacy or other rights of Newton’s or any Newton’s Personnel, does or will result in immediate or irreparable harm to Newton’s or the applicable Newton’s Personnel, Newton’s and the applicable Newton’s Personnel may seek relief in the way of interim, temporary and permanent injunctions and such other and further relief as a court may deem just and proper. You hereby consent and submit to the jurisdiction of the courts of the Province of Ontario and the Federal Court of Canada in any such action or proceeding and agree not to commence any action or proceeding except in Toronto, Ontario, Canada.
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