TERMS OF USE

Your Acceptance of the Terms of Use

This website (the “Site”) is operated and maintained by Fulton & Company LLP and Fulton & Company Law Corporation (“Fulton”) and contains information and hyperlinks to information, including legal information, and other material (the “Content”). Your access to and use of the Site or the Content constitutes your acceptance of, and is conditional upon your acceptance of and compliance with, these terms and conditions of use (the “Terms of Use”). If you do not agree to be bound by the Terms of Use, you may not access or use the Site.

Modifications to the Terms of Use

Fulton reserves the right to amend this website and the Terms of Use at any time, including, but not limited to, the right to revoke any and all permissions and licences. Your continued use of and access to the Site after such changes indicates your acceptance of the modified Terms of Use. It is your responsibility to review the Terms of Use regularly.

No Lawyer-Client Relationship

Your use of and access to the Site and the transmission and receipt of information via the Site does not create a lawyer-client, advisory or fiduciary relationship. Your use of the Site may facilitate communication with lawyers or Fulton employees (“Fulton Personnel”). The receipt of such communication by Fulton Personnel does not create a lawyer-client, other professional-client or fiduciary relationship.

Legal Advice Not Provided

Content found on the Site is provided solely for informational purposes. The Content is current at its original publication date, but should not be relied upon as accurate, timely or reliable for any particular purpose. The Content is not legal or professional advice or an opinion of any kind. You should not, in any circumstances, rely on the information obtained through the Site without first obtaining legal advice from a lawyer at Fulton or other legal counsel.

Communications Not Confidential

Fulton cannot guarantee the confidentiality of any information transmitted to Fulton via the Site or by e-mail, and cannot guarantee that any such communications are protected by solicitor-client privilege, whether or not you are a current client of Fulton. If you wish to provide confidential or sensitive information to Fulton Personnel, please contact them directly by telephone. When communicating with Fulton Personnel by e-mail, e-mails may not be secure. We recommend that all e-mail be encrypted to increase the security of your communications.

Disclaimer and Limitation of Liability

THE SITE AND CONTENT ARE PROVIDED BY FULTON “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR COLLATERAL, AND INCLUDING WITHOUT LIMITATION THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PURPOSE, OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

FULTON WILL NOT UNDER ANY CIRCUMSTANCES 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 FULTON OR ANY FULTON PERSONNEL ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

Risks You Assume

Access to and use of the Site and downloading the Content are done entirely at your own risk. Fulton does not represent, warrant or guarantee that the Site or the Content are compatible with your computer systems or that the Site or the Content will be free of 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 all costs of service, repairs or connections of and to your computer system which may be required as a result of using this Site.

Third Party Sites

The Site may provide links to third party websites. Fulton does not endorse the information contained in third party websites or guarantee their merchantability, accuracy, reliability, quality, completeness, timeliness, currency, non-infringement of intellectual property or fitness for any purpose. The content in any linked website is not provided by, or controlled by Fulton. Your access to and use of any such linked website is done so entirely at your own risk.

Permitted Uses

You are provided with a limited licence to use the Content for the purposes herein. You may display on your computer, download or print Content from the Site for non-commercial, personal or educational purposes only but you may not modify the Content for any purpose without the prior written consent of Fulton. Where the Content is used, you agree to identify the source as Fulton & Company LLP and shall note the limited licence provided. Where you provide a link to the Site from another website, Fulton reserves the right to require you to disable such a link.

No Unlawful or Prohibited Use

Without the prior written consent of Fulton, you may not access or use the Site or the Content for any purpose beyond the scope of the Permitted Uses. You may not frame the Site or the Content or any part thereof on any commercial or non-commercial internet website. You agree that you will not use the Site or the Content for any unlawful purpose. Without limiting the foregoing, without Fulton’s prior written consent, you may not directly or indirectly engage in any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site or the Content, in whole or in part, or any decompilation disassembly, reverse engineering or other exploitation of the Site.

Ownership

All Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site or in the Content are owned by Fulton and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws.

You may not use Fulton’s icons or logos without our express written consent and you may not use any links to suggest that Fulton sponsors, endorses, approves of or is affiliated with you, your company or organization, or your website.

The words Fulton & Company LLP are a trade-mark of Fulton & Company LLP. All references to “Fulton” are references to Fulton & Company LLP.

Governing Law

The interpretation, validity, effect and enforcement of the Terms of Use are governed by the laws of the Province of British Columbia and the applicable laws of Canada. These laws apply to you, and any claims made against Fulton, its partners, employees, representatives or affiliated companies, notwithstanding any conflicts of laws principles, your domicile, residency or physical location. The Site and its Content are intended for use only in jurisdictions where it may lawfully be offered for use.

General Provisions

The Terms of Use, including any changes periodically made to them, constitute the entire agreement between you and Fulton relating to your use of and access to the Site and its Content, and supersedes all previous agreements, written, oral or otherwise, between you and Fulton with respect to your use of and access to the Site and its Content. Fulton’s failure to insist upon or enforce strict performance of any of these Terms of Use shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms of Use 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.

Contacting Fulton & Company LLP

If you have a legal issue, you are advised to seek specific legal advice by contacting Fulton or other legal counsel. For more information or for questions or concerns regarding the Terms of Use, the Site or the Content, contact law@fultonco.com. If you provide your contact information to any Fulton Personnel, you consent to any Fulton personnel contacting you in return.