Terms of Use
Norton McMullen LLP’s Terms of Use
Effective - March 10, 2023
Please read these terms of use carefully, as they constitute a binding agreement (the “Terms” or “Terms of Use”) between you and Norton McMullen LLP and its subsidiaries (“NMLLP”, the “Company”, “we”, or “our”). In particular, this Terms of Use governs the Company’s services (the “Services”) which includes your use of: (i) the Company’s website, operated and controlled by the Company, at Norton McMullen (nmcpa.ca) (the “Website”); and (ii) our products and services.
By using the Services (which includes visiting, accessing, downloading materials from, and browsing the Website), you acknowledge and signify that you have read, understood, and agreed to be bound by this Terms of Use and the terms of the Company’s privacy policy (the “Privacy Policy”). If you do not agree with this Terms of Use in its entirety, you may not use the Services.
Each time you use the Services, the text of this Terms of Use, as it then reads, will govern your use. Accordingly, when you use the Services, you should check the date of this Terms of Use and review any changes since the last time you visited. The changes will be clearly shown in the revised document for ease of reference. If you have any questions about this Terms of Use, the Services, or the Company, please email us at gjennings@nmcpa.ca
1. Acceptance of Terms
This Terms of Use between you and the Company governs your use of the Services, including the Website and its content. Each time you use the Services you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Terms of Use, “person” includes any type of incorporated or unincorporated entity, including your employer) without limitation or qualification; (i) to be bound by this Terms of Use for using the Services; (ii) you agree to comply with all applicable laws and regulations; and (iii) you represent and warrant that you have the legal authority to agree to and accept this Terms of Use on behalf of yourself and any person you purport to represent.
PLEASE CAREFULLY READ THE TERMS PRIOR TO USING AND ACCESSING THE SERVICES AS THEY SET OUT THE LEGALLY BINDING TERMS AND CONDITIONS OF YOUR PARTICIPATION. If you do not agree with each provision of this Terms of Use, or you are not authorized to agree to and accept this Terms of Use, or you do not have the legal authority to agree to and accept this Terms of Use, you may not use the Services.
2. Changes to this Terms of Use
You may not change, supplement, or amend this Terms of Use in any manner, however, NMLLP reserves the right to amend, modify, update, and change the Terms and the Privacy Policy from time to time. We will notify you of any such amendment, modification, or change by publishing the new version of the Terms or the Privacy Policy on the Website. You should check for revisions to this Terms of Use each time you access the Services. If you continue to use the Services after we amend the Terms or the Privacy Policy, you implicitly accept all changes.
3. Permitted Users and Website Access
The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
4. Your Representations and Warranties
You represent and warrant that:
a. if you are an individual, you are of legal age to form a binding contract, and that, if you are registering on behalf of an entity, you are authorized to enter into and bind such entity to this Terms of Use;
b. you will not disguise or interfere in any way with the internet protocol (“IP address”) of the computer or other device you are using to access the Website or otherwise take steps to prevent us from correctly identifying the actual IP address of your computer or device you are using while accessing the Website; and
c. you are solely responsible for the acquisition, supply, and maintenance of all of the computer equipment, telecommunications networks, Internet access services, and of all other consents and permissions that you need to use in order to access the Website.
5. Content Removal
The Company does not guarantee that any content will be made available on the Website. The Company has no obligation to monitor the Website or the content. However, the Company reserves the right to remove, suspend, edit or modify any content on the Website in its sole discretion without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
The Company also reserves the right to access, read, preserve, and disclose any information related to the Services, including but not limited to content on the Website, as the Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of the Company, its members, and the public.
6. Rules and Conduct
Your use of the Website does not transfer any ownership or other rights in the Website or its content to you or any other person. You may only use the Website in the manner described specifically in this Terms of Use.
The Services may not be used for any purpose not expressly permitted by this Terms of Use. In particular, except as expressly stated otherwise in this Terms of Use, the Website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of the Company. You may not use any of the software that is used in the operation of the Website except in the course of using the Website. You may not reproduce sell or resell any part of the Website (including the software used in the operation of the Website) or access to the Website.
The Website is made available to you for your lawful use only. You may access, browse, post, publish, link to/from, or upload to the Website using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal use provided that you: (i) do not modify any of the pages or other content; and (ii) do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You are expressly prohibited from participating in, conducting, and promoting illegal activities, sending viruses, spamming, interfering with the Website, or creating any other undue burden on the Website. Breach of this Terms of Use and any of its provisions may result in restriction or termination of your ability to access and/or use the Services.
You are responsible for all of your activity in relation to the Services. By way of example, and not as a limitation, you shall not, and shall not permit any person on your behalf to, take any action or upload, download, post, submit or otherwise distribute or facilitate the distribution of any content that:
infringes any patent, trade-mark, trade secret, copyright, right of publicity or other right of any other person or entity;
you know to be false, misleading, untruthful or inaccurate;
is threatening, abusive, harassing, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined by the Company in its sole discretion;
contains or depicts nudity or sexual activity;
constitutes unauthorized or unsolicited advertising, spam, junk, or bulk messaging;
contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of the Company or any third party;
impersonates any person or entity, including any employee, agent or representative of the Company;
is designed or intended to obtain password, account, or private information from any Company member;
violates any laws or contractual obligations; or
includes anyone's personal information or sensitive financial information without consent.
7. Misprints and Errors, Prices, and Purchases
The Company endeavours to provide current and accurate information on the Website. Nevertheless, misprints or other errors may occur. Accordingly, the Company reserves the right to change any content uploaded on the Website at any time and from time to time without any notice or liability to you or any other person.
8. No Advice or Solicitation
The content of the Website does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.
9. Intellectual Property, Brand, Content, and Trademark Information
The Services contain content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like and the trademarks, service marks, and logos contained therein (the “Intellectual Property”), which are owned by the Company or its service providers, subsidiaries, affiliates, officers, employees, agents, partners and licensors (the “Company Parties”), or otherwise licensed to the Company, and such content is protected by Canadian and international copyright, trade-mark, intellectual property and other laws. Such Intellectual Property includes, without limitation, registered and unregistered trade-marks and/or trade names owned by the Company, including the Company’s name and logo, and other product and Company names and logos appearing on the Website, which may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Intellectual Property and other content on the Website is provided to you “as is”, for your information, for personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
The Company reserves all rights in and to the Services, including the Website, and the Intellectual Property not expressly granted under this Terms of Use. Any copying, distribution, or use, including reproduction, of the trade-names, trade-marks, service marks and logos displayed on the Website (collectively, the "Marks") or the Intellectual Property, except as expressly provided in this Terms of Use, is strictly prohibited. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Website or the Intellectual Property therein. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Website.
10. Privacy
All information you provide to the Company is subject to the Privacy Policy, which can be found at. The Privacy Policy governs the collection, use and disclosure of personally identifiable information and constitutes, with this Terms of Use, a binding agreement between you and the Company as regards your use of the Website.
11. Disclaimer of Warranties and Conditions
The Services including, without limitation, all content, software, and functions made available on, accessed through, or sent from the Website is provided “as is”, “as available”, and “with all faults”.
To the fullest extent permissible by law, the Company and its parents, subsidiaries, and affiliates make or provide no representations, warranties, conditions, or endorsements of any kind whatsoever (express or implied) about: (a) the Services; (b) the Website; (c) the content and software on or provided through the Website; (d) the functions made accessible on or accessed through the Website; (e) the messages and information sent from or accessed through the Website; (f) any products or services offered via hypertext links to third parties; and/or (g) security associated with the transmission of sensitive information through the Website or any linked site.
12. Limitation of Liability
To the maximum extent permitted by law, in no event shall the Company or the Company Parties be liable to you or any third party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or incapability to use the Services, even if NMLLP has been advised of the possibility of such damages. Access to and use of the Services is at your own discretion and risk, and you will be solely responsible for any damage to your device, computer system, financial repercussion or decisions, mis-investment, or loss of data or any other form of loss resulting therefrom.
You agree that the Company Parties will have no liability of any kind arising from or relating to this agreement, unless stated otherwise in a written agreement between you and the Company Parties, in which case NMLLP is not held responsible or liable for any statement, losses, and or agreement made between you and the Company Parties.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. Indemnity
You agree to indemnify, defend, and hold harmless the Company and the Company Parties from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Company and the Company Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Services, the use of the Website by someone posing as you, or your breach of this Terms. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defence of any such claim or demand. You further agree to indemnify the Company and the Company Parties from all suits, damages, costs and liabilities whatsoever arising from any transactions in which you engage using our Services.
The exclusion of certain warranties and the limitation of certain liabilities is prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
14. Termination of this Terms of Use
If you breach any provision of this Terms of Use, you may no longer use the Website or the Services.
The Company may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
If this Terms of Use or your permission to use the Website is terminated by you or the Company for any reason, this Terms of Use will nevertheless continue to apply and be binding upon you in respect of your engagement of the Services and anything connected with, relating to, or arising from those matters.
15. Survival
The Disclaimer, Limitation of Liability, and Indemnity provisions in this Terms of Use survive indefinitely after the termination of this Terms of Use.
16. Severability
If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
17. Other Sites
The Website may include links to other web sites, advertisements or resources and businesses operated by other persons (“Other Sites”). Other Sites are independent from the Company, and the Company has no responsibility or liability with respect to, or control over, Other Sites, their businesses, goods, services, or content.
The Company does not sponsor or endorse any Other Sites or their content or the services available through those other Websites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against the Company arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and the Company, the provisions of this Terms under the section headed Disclaimer, Limitation of Liability, and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
18. Inquiries, Disputes, or Complaints
If you have a question, dispute, or complaint regarding the Website, please contact us directly at 905-479-7001 and gjennings@nmcpa.ca. The Company will endeavor to respond to all such questions or complaints as soon as possible.
19. Governing Law and Dispute Resolution
This Terms of Use, your use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, and the federal laws of Canada, applicable therein, to the exclusion of rules of private international law or the conflict of laws which would lead to the application of any other laws.
Any dispute between the Company and you or any other person arising from, connected with or relating to the Website, this Terms of Use or any related matters must be resolved before the courts of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of any such dispute or matter.
20. Assignment
We may assign any or all our rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of us, and any such attempted assignment will be void and unenforceable.
21. Entire Agreement
The Terms along with the Privacy Policy comprise the entire agreement between the Customer and the Company with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials, or presentations and agreements (oral and written). No oral or written information or advice given by the Company, its agents, or employees will create a warranty or in any way increase the scope of the warranties in these Terms.
The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms of Use, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
22. General
The provisions of this Terms of Use will inure to the benefit of and be binding upon each of the Company and the Company Parties and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.
No waiver, express or implied, by either party of any breach of or default under this Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
Any rights not expressly granted by this Terms of Use are reserved to the Company.