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YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Website, including all of its features and content (the “Website”) is made available by Tomo Boston KC (“Provider”) and all content and information provided on and through this Website (“Content”) may be used solely under the following terms and conditions (“Terms of Use”).
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE SO IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
As a user of this Website, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Use. Provider reserves the right, at its sole discretion, to change, modify, add, remove or terminate this license at any time for any reason. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes.
The Content on this Website is for your personal, lawful use only and not for commercial exploitation. You may not decompile, sell, or create derivative works from this Website or the Content. You also must not use any device, software, routine, network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users or to interfere or attempt to interfere with the proper working of the Website. You must not probe, scan or test the vulnerability of the Website or any network connected to the Site, nor breach the security or authentication measures.
You must not copy or monitor any portion of the Website or the Content without Provider’s prior written permission.
You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above. You must not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or the Provider’s server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Provider’s systems or networks.
Content is not intended to and does not constitute legal advice and no lawyer-client relationship is formed, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of information on this Website or materials linked from this Website is at your own risk.
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You must not remove any proprietary notice when downloading Content from the Website.
You may also provide links to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, including, the terms of use, the proprietary notice, or other notices on this Website, (b) you give Provider notice of such link by sending an e-mail to tomoboston@vicbar.com.au, and (c) you discontinue providing links to this Website if requested by Provider. If you wish to provide links to a section within this Website, you should forward your request to tomoboston@vicbar.com.au and you will be notified if permission is granted, and if so the terms and conditions of the permission.
This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
Certain sections of this Website require you to register. If registration is requested, you agree to provide Provider with accurate and complete registration information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorised use. If you believe there has been unauthorized use, you must notify Provider immediately by contacting tomoboston@vicbar.com.au
Postings to be in Your Name | Your Postings shall be accompanied by your real name and shall not be posted anonymously. Participants in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.
Provider does not represent or warrant that this Website will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the information available on or through this Website will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.
Third party content may appear on this Website or may be accessible via links from this Website. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this Website. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief of Provider.
If you are a lawyer participating in any aspect of this Website, including but not limited to message boards, chat rooms or email forums, you acknowledge that the Rules of Professional Conduct of the jurisdictions where you are licensed (“Rules”) apply to all aspects of your participation and that you will abide by these Rules. These Rules include, but are not limited to, the rules relating to advertising, solicitation of clients, unauthorised practice of law, and misrepresentations of fact. Provider disclaims all responsibility for your compliance with these Rules. You further agree and acknowledge that when you participate in any chat area on this Website, including but not limited to the message boards, that you will not offer legal advice, but will only provide general information.
THIS WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO:
PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEBSITE AND THE INTERACTIVE AREAS OF THIS WEBSITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOSS OF OPPORTUNITY, LAWYERS’ FEES ETC) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
You agree to indemnify, defend, and hold harmless Provider and any third-party information providers to the Website from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of these Terms of Use by you.
The provisions of paragraphs 12 (Disclaimer), 13 (Limitation of Liability), and 14 (Indemnification) are for the benefit of Provider and any third-party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Provider reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access to the Website. Provider may disclose any information he has about you (including your identity) if he determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Provider’s rights or property, or the rights or property of visitors to or users of the Website. Provider reserves the right at all times to disclose any information that it deems necessary to comply with any applicable law, regulation, legal process or governmental request.
Your use of this Website is subject to Provider’s Privacy Policy.
If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
These Terms of Use shall be governed by and construed in accordance with the laws of Victoria and each party hereby submits themselves to the exclusive jurisdiction and venue of the Courts of Victoria to resolve any and all disputes hereunder.
As at 24 August 2023
Liability limited by a scheme approved under the Professional Standards Legislation.
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