Terms of Use

 

This website (the “Website”) is operated by Munnings Law (“we” or “us”).

By accessing or using this Website, you agree to be bound by these terms and conditions of use (“Terms of Use”) and the terms of our Privacy Policy (“Privacy Policy”). We reserve the right to modify these Terms of Use from time to time without any notice to you. As any such modifications are effective upon posting, you should review these Terms of Use regularly. Your continued access or use of the Website after a modification has been posted will constitute your acceptance of that modification. If you do not agree to these Terms of Use, you must cease accessing and using the Website.

 

1. No Lawyer-Client Relationship

The Website may contain information and materials (collectively, the “Content”) concerning legal issues. While Munnings Law takes reasonable measures to ensure the Content is current as of its original date of publication on the Website, the Content is provided solely for informational purposes and not as a substitute for legal or other professional advice.

You agree that Munnings Law is not engaged in rendering legal services or advice to you by providing the Content on the Website, and that your access to or use of either the Website or Content does not create any lawyer-client relationship between you and Munnings Law. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content. You are advised to seek specific legal advice by contacting us (or your own legal counsel) in relation to your specific legal issues.

 

2. Communications Not Confidential

Munnings Law 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. Unless you have a pre-existing, documented solicitor-client relationship with Munnings Law, you agree not to communicate any confidential information to us.

 

3. Ownership of Intellectual Property

All Website design, text, graphics, sound, software, layout, and Content, and the selection and arrangement thereof, are the property of Munnings Law or its licensors, and are protected by local, national and international copyright, trademark and other intellectual property laws. Except as granted in the limited license below, you agree not to copy, reproduce, republish, translate, transmit, modify, distribute or otherwise exploit the Website, the Content, or any elements thereof.

 

4. Limited License

Subject to these terms and conditions in these Terms of Use, you are hereby granted a limited license to reproduce single copies of the Content solely for your personal, non-commercial use, provided that you maintain all copyright and other proprietary notices contained in any such Content.

 

5. Privacy Policy

By accessing or using the Website, you agree to be bound by the terms of our Privacy Policy.

 

6. Linking

This Website may, for convenience, provide links to third party websites. The inclusion of these links does not imply that Munnings Law monitors or endorses these websites. Munnings Law does not accept any responsibility for such websites or their content, and if you choose to access any such websites, you do so entirely at your own risk.

Without our prior written consent, you agree not to: (i) create or maintain any link from another website to any page on this Website; or (ii) run or display this Website or any Content in frames or through similar means on another website; or (iii) or use any meta tags or any other “hidden text” using Munnings Law’s name.

 

7. Indemnification

You agree to indemnify Munnings Law, and its affiliates, together with their respective directors, officers, partners, employees, agents, licensors, and suppliers (collectively, the “Affiliates”), and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) made by a third party due to or arising out of: (i) your access or use of the Website or the Content; (ii) your breach of the Terms of Use; or (iii) your violation of any third party rights.

 

8. Disclaimer of Warranty

Munnings Law and its Affiliates do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website.

THE WEBSITE AND THE CONTENTS ARE PROVIDED ON AN “AS IS WHERE IS” BASIS, AND WITHOUT ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING.

NEITHER MUNNINGS LAW NOR ANY MUNNINGS LAW PERSONNEL ASSUMES ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.

 

9. Limitation of Liability

IN NO EVENT WILL MUNNINGS LAW OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE OR THE CONTENT, EVEN IF MUNNINGS LAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

 

10. Termination

In our sole discretion, we may elect to cancel or terminate your ability to use the Website, or any parts thereof, at any time without notice to you.

 

11. General

These Terms of Use, together with the Privacy Policy, is the entire agreement between you and Munnings Law with respect to the Website and the Content. All references in these Terms of Use, the Website or the Content to “Munnings Law”, “the firm”, “we”, “us”, “our” and like terms should be interpreted to mean Munnings Law. The insertion of headings herein is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Term of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.

 

12. Governing Law

By accessing the Website, you acknowledge and agree that all matters relating to your access to or use of the Website are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). Subject to Section 13 below, you hereby submit to the jurisdiction of the courts of the Province of British Columbia with respect to all matters relating to these Terms of Use and your access and use of the Website or the Content.

 

13. Arbitration

Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Content, or, the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally resolved by arbitration administered by the Vancouver International Arbitration Centre pursuant to its applicable rules.

The place of arbitration shall be Vancouver, British Columbia.

Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Munnings Law and/or its Affiliates. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

 

14. Survival

Sections 3, 7, 8, 9, 12, 13, and 14 will survive the termination of these Terms of Use for any reason.

 

These Terms of Use were last updated September 2024.