1. Parties. The parties to this Agreement are you, a visitor to this Site ("You"), and the owner and operator of this website: LEXECON CONSULTING GROUP NZ LIMITED, a Company incorporated in New Zealand ("the Company"). All references to "us", "we", "this Website" or "this Site" shall be construed to mean the Company. If the user is not an individual, then "You" means Your company, its officers, members, agents, successors and assigns.
2. Limited License. The Company grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at lexecongroup.com (this Site) which is controlled and operated by the Company to You subject to the following terms and conditions.
4. Compliance with Laws and International Users. This Site is controlled and operated by the Company from its corporate offices in Wellington, New Zealand. You shall comply with all applicable laws and regulations of New Zealand and foreign authorities (including, but not limited to New Zealand trade restriction laws, export laws or license requirements, and laws regarding the transmission of technical data, including without limitation encryption, exported from New Zealand through the services available at this Site) relating to any service, product, or download associated with this Site. The Company makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
5. Prohibited Conduct. You agree (i) not to use this Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this Site or any networks connected to this Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site or any transactions being offered at this Site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on the Company's infrastructure; (v) not to use this Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.
6. Separate License Agreement(s). You may acquire software and/or content from the Company by download from this Site, or otherwise directly from the Company. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).
8. Copyrights. The copyright in all material provided on this Site is owned by the Company
or by the Company's business affiliates/ partners and/ or licensor(s). You acknowledge and agree that this Site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this Site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of the Company or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Company does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this Site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. However, You may print a copy of the information on this Site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this Site, except as otherwise provided herein, You may violate copyright and other laws of New Zealand, other countries, as well as applicable state laws and may be subject to penalties.
9. Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the Company and of its business affiliates and partners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks LEXECON CONSULTING GROUP NZ LTD, LEXECON BUSINESS CONTRACTING PLATFORM, LEXECON CONTRACTS, LEXECON CONTRACT MANAGEMENT SOURCING SERVICE and the logo appearing with the Company name may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission of the Company. The Company prohibits use of any of the foregoing names or marks as a meta tag or as a "hot" link to any website unless establishment of such a link is approved in advance by the Company in writing. If You have any questions regarding any trademarks on the Site, please contact the Company.
10.1 Content linked to this Site. The Company encourages you to exercise discretion while browsing the Internet using this service. The Company has business and marketing relationships with several customers, suppliers, and others. For convenience and simplicity, words like affiliate, partner, partnership, and joint venture are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships. The links to resources or web sites of affiliates, partners and/ or others from this Site are only for informational purposes, and the Company is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in any such sites.
11. Participation in Promotions of Advertisers and /or Marketing Affiliates/ Partners. You may enter into correspondence with or participate in promotions of advertisers and/or marketing affiliates/ partners promoting their products or services on this Site ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and the Advertiser. The Company shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.
12. Monitoring. You acknowledge that the Company reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this Site. The Company, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which the Company deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this Site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this Site will be prosecuted to the full extent of the law.
13. NO WARRANTIES. THIS SITE CONTAINS GENERAL INFORMATION ONLY FOR THE CONVENIENCE AND USE OF ITS CLIENTS AND IS NOT INTENDED TO BE ANY KIND OF SOLICITATION OR SOURCE OF ADVERTISING. WITHIN THE TERRITORY OF NEW ZEALAND, THE COMPANY DOES NOT PROVIDE LEGAL SERVICES THAT FALL WITHIN THE 'RESERVED AREAS OF WORK' AS DEFINED IN S. 6 READ WITH SS 21-24 AND 25 OF THE LAWYERS AND CONVEYANCERS ACT 2006. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM THE COMPANY AND ITS INFORMATION PROVIDERS. THE COMPANY AND ITS AFFILIATES, PARTNERS AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF THE COMPANY AND THE COMPANY'S AFFILIATES, PARTNERS AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE NOR THE LEXECON BUSINESS CONTRACTING PLATFORM™ INTERNET SERVICE IS ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO SPECIFIC FACTUAL SITUATIONS. NO ATTORNEY-CLIENT RELATIONSHIP IS INTENDED NOR CREATED THROUGH YOUR USE OF THIS SITE, THE LEXECON BUSINESS CONTRACTING PLATFORM™ INTERNET SERVICE, OR THE CONTENT YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE CONTENT AVAILABLE AT THIS SITE WITHOUT LIMITING THE FOREGOING, NONE OF THE COMPANY NOR THE COMPANY'S AFFILIATES, PARTNERS OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (I) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (II) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (V) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. LIMITED LIABILITY. THE COMPANY AND ALL OF THE COMPANY'S AFFILIATES, PARTNERS AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO THE COMPANY, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
15. Indemnity. You shall defend, indemnify, and hold harmless the Company and its content providers and their respective shareholders, affiliates, partners, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from your failure to have any services, documents or contract template/s received, downloaded or drafted through this Site reviewed by Your attorney acting within an attorney-client relationship.
16. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this agreement are for the benefit of the Company and each of the Company's content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.
17. Termination. You agree that the Company may, at its sole discretion, deny You access to this Site and disable any username and password associated with You for any reason, including, without limitation, if the Company believes that You have violated or acted inconsistently with the letter or spirit of this agreement. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Site (or any part thereof) with or without notice. You agree that the Company shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this Site.
19. Controlling Law. This Agreement shall be construed under the laws of New Zealand, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
20. Jurisdiction and Venue. You and the Company agree to submit to the exclusive personal jurisdiction of the courts of Wellington, New Zealand in all legal proceedings that are not arbitrated under this Agreement.
21. Refund Policy. Since the Company is offering non-tangible irrevocable goods, we do not issue refunds once the order is accomplished and the product is sent. We believe that as a responsible customer You understand this position with regard to the character of the products we supply. However, we realize that exceptional circumstance can take place where we do honor requests for refund. In case You experience technical difficulties in downloading our products and/ or receiving other services that are delivered online, our Technical Support Team is always pleased to assist you and deliver highly professional support in a timely manner. Please contact us via email: firstname.lastname@example.org or by phone: +64 4 974 8815.
22. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the Arbitration Act 1996 No.99 of New Zealand. The arbitration shall take place in a city within New Zealand, and may be conducted by telephone or online. The arbitrator/s shall apply the laws of New Zealand to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.