These Terms and Conditions of Use apply when you view, access or otherwise use the website located at www.newfoundlaw.com (the “site”). The site is owned personally by me, Adam Baker (the “owner”). I, the owner, grant you a nonexclusive, nontransferable, limited right to access, use and display the site and materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.
1. No Solicitor-Client Relationship:
I provide this site for general informational purposes only. Because I work in the legal industry and some of the information relates to legal topics, it is important that you understand that I do not create a solicitor-client relationship with you when you use the site, nor do I intend to provide you with legal advice. By using the site you agree that the information on this site does not constitute legal or other professional advice and no solicitor-client or other professional relationship is created between you and the owner. Do not consider the site to be a substitute for obtaining legal advice from a qualified lawyer licensed to practice in your jurisdiction. The information on this site may be changed without notice and is not guaranteed to be complete, correct, or current. While I try to revise the site periodically it may not reflect the most recent legal developments. The opinions expressed at or through the site are my personal opinions and may not reflect the opinions of any firms, organizations or other individuals I may be associated with.
2. Copyright Notice:
All materials and software published or used on the site are protected by copyright and are owned or controlled by or licensed to the owner or to the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the site only for personal, non-commercial and informational purposes, provided that the documents are not modified and provided you maintain and abide by all copyright, trademark and other notices contained in such material or if none, you include the following copyright notice in such downloaded materials:
©Copyright 2016 Adam Baker. All rights reserved. All use subject to Terms and Conditions of Use set forth here.
3. Copyright Notification:
The owner respects the intellectual property rights of others. Given proper notice, the owner will remove user posted comments, posts, messages, or other submissions on or to the site that violate copyright law, or suspend access to the site or any portion of the site to any user who repeatedly uses the site in violation of copyright law.
If you believe your work has been used in a way that constitutes copyright infringement, please send the owner a notification of claimed infringement along with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit me to locate the material on the site; (c) information reasonably sufficient to permit me to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. To obtain an address for delivery of the notice (“Notice of Infringement”) please contact me through the contact form or other contact information provided on the site, and on receiving address information fax, mail or email it to me directly.
By submitting a Notice of Infringement you agree that the owner may forward your Notice of Infringement and any related communications to any users who posted the material identified in such notice.
4. Commercial Use of Owner’s Site Materials and Screen Shots:
Reproduction, copying, or redistribution of materials on the site for commercial purposes is prohibited without the express permission of the owner. To obtain permission to copy portions of this site please contact me using the contact form or other contact information provided on the site and include the following information: (a) the content you wish to use; (b) where, when and how it will be used; (c) where and how copies will be distributed and to what audience; (d) how many copies will be produced and distributed; (e) what other materials will be associated with the owner’s content; and (f) your name, title, company or organization, email address and phone number.
I will attempt to assess and respond to your request as soon as possible. I reserve the right to refuse permission to copy, distribute, broadcast, or publish any copyrighted material, including but not limited to text and images on the site.
5. Links to Other Websites and Materials:
Links may be provided on the site to other websites or materials. These links are provided solely as a courtesy to visitors to the site. The owner has no control over linked sites or the materials, information, goods or services available from or contained on these linked sites. The owner is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked sites or any privacy or other practices of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. The owner reserves the right to terminate any link at any time.
6. Prohibited Actions:
You agree not to interrupt, or attempt to interrupt, the operation of the site in any way. Unauthorized use or modification of any information stored on the site may result in criminal and/or civil prosecution under federal, provincial and local law. You may not use the site for anything other than a lawful and legitimate purpose. You agree not to use the site to carry out any unauthorized alteration of any data or information on the site or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the site. The site is not intended for use by anyone under the age of 18. I reserve the right to limit or deny your access to the site or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which I in my sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
7. Modification of Terms and Conditions of Use:
I reserve the right to revise these Terms and Conditions of Use at any time by updating this page. Your continued use of the site constitutes your agreement to comply with such revisions, so it is important that you visit this page from time to time.
8. Disclaimer and Limitation of Damages:
(a) The owner expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this site as a result of your use of the site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this site. THE SITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE OWNER MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
(b) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
9. Governing Laws and Forum:
The owner operates this site from the province of Newfoundland and Labrador, Canada and makes no representations that materials on the site are appropriate or available for use in other legal jurisdictions. The display of the site alone does not subject the owner to any specific jurisdiction. Access to the site from any territory where the content is illegal is prohibited. If you choose to access the site from other legal jurisdictions, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules, and regulations. Any claim related to the use of the site or to the site materials shall be governed by, construed, and enforced in accordance with the laws of the Province of Newfoundland and Labrador as applied to agreements made and to be performed entirely therein. Any action arising out of or relating to the access, use, content, or existence of this site shall be filed only in the appropriate provincial or federal court or tribunal located within the Province of Newfoundland and Labrador. The access, viewing or use of this site constitutes your express permission and consent to the jurisdiction of the provincial and/or federal courts or tribunals of the Province of Newfoundland and Labrador for the purposes of such actions.