Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
Last Updated: April 10, 2020
These Terms of Use, along with all other disclaimers, and disclosures displayed on the NovusGC.com website (collectively, these “Terms”) state the terms and conditions under which you may use the website located at www.NovusGC.com (the “Site”). By browsing, accessing or using the Site in any way, including using any information or materials displayed, made available or enabled via the Site (the “NovusGC Materials”), you agree to follow and be bound by these Terms. These Terms govern (1) the information made available or enabled via the Site; (2) the nature of the relationship between you and NovusGC, Professional Law Corporation (“NovusGC”); (3) certain other matters of professional responsibility; and (4) your use of this Site, the NovusGC Materials, and related systems (collectively, the “NovusGC Site”). If you do not agree to these Terms, you do not have permission to access or use the NovusGC Site.
These Terms limit the remedies available to you in the event of a dispute.
PLEASE NOTE THAT THESE TERMS OF USE ARE SUBJECT TO CHANGE BY NOVUSGC IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, NOVUSGC will make a new copy of these Terms available on the NovusGC Site. We will also update the “Last Updated” date at the top of these Terms. It is your responsibility to determine if changes have been made by checking these Terms, available through a link on every page of the NovusGC Site, each time you use the NovusGC Site. If you use the NovusGC Site after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms.
LEGAL DISCLAIMER: This website is owned by NovusGC, Professional Law Corporation (“NovusGC”). The information contained in this website is provided only as general information about NovusGC, its personnel and practice. Nothing in the Site constitutes legal advice, and you should not act or refrain from acting based upon any information contained on the Site. Materials included on the Site may or may not reflect the most current legal developments; accordingly, information on the Site is not promised or guaranteed to be correct or complete. NovusGC and its counsel expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of the Site.
1. No Legal or Tax Advice. The NovusGC Site is an online legal portal that may provide users with legal information and access to certain self-help. The NovusGC Site is not intended to constitute specific legal, tax and/or accounting advice or to be a substitute for advice from qualified counsel and other tax or accounting professionals. Any opinions expressed on the NovusGC Site are the opinions of the particular author and may not reflect the opinions of NovusGC or any individual attorney. Without limiting the foregoing, the NovusGC Site may not reflect recent developments in the law, may not be complete, and may not be accurate in or applicable to your jurisdiction. Because the NovusGC Site is general in nature and may not pertain to your specific circumstances, you should not act or refrain from acting based on any NovusGC Materials without first obtaining advice from professional counsel qualified in the applicable subject matter and jurisdiction.
2. No Attorney-Client Relationship. NovusGC has a policy of entering into attorney-client relationships with its clients only in accordance with certain procedures which include executing an engagement letter and addressing professional responsibility conflicts as required by the Bar Associations of the states in which NovusGC maintains offices in the US. You agree that your access and use of the NovusGC Site, or your transmission of emails to addresses on the NovusGC Site, does not create an attorney-client relationship between you and NovusGC. You should not send us any confidential information in connection with your use of the NovusGC Site. Such responses will not create an attorney-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel and you have executed an engagement letter with us.
3. Other Matters of Professional Responsibility
3.1 ATTORNEY ADVERTISING NOTICE. The NovusGC Site is not intended to be an advertisement or solicitation, but may be deemed an ADVERTISEMENT in certain jurisdictions. Prior results do not guarantee a similar outcome. Each representation has unique facts and circumstances that may impact results.
3.2 Sensitive Communications. You agree that emails sent by you to NovusGC will not be treated as confidential or invoke an attorney-client privilege; provided, however, that if you are an existing client of NovusGC and you send an email to NovusGC pertaining to a matter in which NovusGC then represents you, such email may be entitled to be treated as confidential or privileged. Notwithstanding the foregoing, you acknowledge that email and the Internet are generally insecure media of communication, and NovusGC cannot guarantee the confidentiality of any email sent to or received by it or any information submitted by you to NovusGC through the NovusGC Site.
4. Ownership/Trademarks & Copyright. You acknowledge that the NovusGC Site is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media and technologies now existing or hereafter developed. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the NovusGC Site. You are granted a limited, non-sublicensable license to access and use the NovusGC Site and electronically copy (except where prohibited without a license) and print to hard copy portions of the NovusGC Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (1) any resale or commercial use of the NovusGC Site; (2) the distribution, public performance or public display of all or any portion of the NovusGC Site; (3) modifying or otherwise making any derivative uses of the NovusGC Site; (4) use of any data mining, robots or similar data gathering or extraction methods; (5) downloading (other than the page caching) of any portion of the NovusGC Site, except as expressly permitted on the NovusGC Site; (6) making any portion of the NovusGC Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (7) using any automatic or manual process to harvest information from the NovusGC Site; or (8) any use of the NovusGC Site for other than its intended purpose. Unless expressly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
5. Linking and Framing. We prohibit the use of any links to the NovusGC Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of the NovusGC Site with any other website without our prior written permission.
6. Limited Permission to Download. NovusGC hereby grants you permission to download, view, copy and print the NovusGC Materials solely for your personal, informational, non-commercial use, provided that (1) where provided, the copyright and trademark notices appearing on any NovusGC Materials not be altered or removed, (2) the NovusGC Materials are not used on any other website or in a networked computer environment, and (3) the NovusGC Materials are not modified in any way, except for authorized editing or downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the provisions of these Terms. Any unauthorized use of the NovusGC Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes. NovusGC does not grant you any rights in its trademarks.
7. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF THE NOVUSGC SITE IS AT YOUR SOLE RISK, AND THE NOVUSGC SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NOVUSGC AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “NOVUSGC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATED TO THE NOVUSGC SITE INCLUDING BUT NOT LIMITED TO, THE IMPLIED TERMS, WARRANTIES OR CONDITIONS OF MERCHANTABIILTY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Furthermore, state laws or national laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions.
8. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY OF THE NOVUSGC PARTIES BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS WHETHER DIRECT OR INDIRECT OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE NOVUSGC SITE WHETHER OR NOT NOVUSGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE CUMULATIVE LIABILITY OF THE NOVUSGC PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE NOVUSGC SITE SHALL NOT EXCEED $100 (USD), AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE NOVUSGC PARTIES.
9. Indemnification. You agree to make the NovusGC Parties whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the NovusGC Site or any violation of these Terms.
10. Acceptable Use Policy. As a condition of use, you agree not to use the NovusGC Site for any purpose that is prohibited by these Terms or by applicable law. You shall not (and shall not permit any third-party to) take any action that (1) interferes with, or attempts to interfere with, the proper functioning of the NovusGC Site or uses the NovusGC Site in any way not expressly permitted by these Terms; or (2) attempts to engage in, or engages in, any potentially harmful acts that are directed against the NovusGC Site, including but not limited to violating or attempting to violate any security features of the NovusGC Site, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the NovusGC Site, introducing viruses, worms, or similar harmful code into the NovusGC Site, or interfering or attempting to interfere with use of the NovusGC Site by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the NovusGC Site.
11 Governing Law. These Terms, and any action related thereto will be governed and interpreted by and under the laws of the State of California, without giving effect to any principles that provide for the application of the law of another jurisdiction.
12. General
12.1 Termination. Notwithstanding any of these Terms, NovusGC reserves the right, without notice and in its sole discretion, to terminate your license to use the NovusGC Site, and to block or prevent your future access to the NovusGC Site.
12.2 Submissions. You acknowledge and agree that any questions, comments, suggestions, feedback, ideas or other information or materials regarding the NovusGC Site (but excluding any client information) (the “Feedback”) that is provided by you in the form of email or other submissions to NovusGC, or any postings on the NovusGC Site, are (as between you and NovusGC) non-confidential and shall become the sole property of NovusGC. NovusGC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
12.3 IRS Circular 230. Any discussion of U.S. tax matters contained herein (including any NovusGC Materials available at the Site) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or other matter. The foregoing language is intended to satisfy the requirements under the regulations in Section 10.35 of Circular 230.
12.4 Third-party Information. We may hyperlink to or otherwise make third-party information available on the NovusGC Site. This is done solely for the purposes of convenience. We do not endorse or approve of any such third-party information or such third parties. If you decide to access linked third-party sites, you do so at your own risk. You should direct any concerns regarding any third-party sites to the administrator of the applicable third-party site. You should also refer to the separate terms of use, privacy policies, and other rules posted on the third-party sites before you use them.
12.5 Waiver. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
12.6 Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
12.7 Export Control. You may not access, download, use or export the NovusGC Site in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the NovusGC Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the NovusGC Materials or any direct product therefrom is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
12.8 Entire Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.