General Terms and Conditions of Use of the Canadian Technology Law Association Site

Please read the General Terms and Conditions carefully before using this Site.

Last updated March 21, 2008.

  1. Terms and Conditions of Use of Site
    1. This website (the "Site") is provided by the Canadian Technology Law Association ("CAN-TECH Law"), conditional on your acceptance of the terms and conditions of use set forth below (the "General Terms and Conditions"). By visiting or using this Site, including without limitation to access, use, and/or download messages, information, data, text, software or images, or other materials from this Site (the "Materials"), or to send messages, information, data, text, software or images, or other materials to the Site ("the "Content") (collectively, "Use" of the Site), you agree on your own behalf, and on behalf of any entity on whose behalf you may act, to accept and abide by the General Terms and Conditions for each Use of and each visit to this Site. If you do not agree to abide by these General Terms and Conditions, you should not Use this Site.
    2. CAN-TECH Law has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the General Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check the General Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any term, condition or any change thereto is not acceptable to you, you must discontinue your Use of this Site immediately. Your continued Use of this Site after any such changes are posted will constitute acceptance of those changes.
    3. These General Terms and Conditions apply exclusively to your Use of this Site and do not alter the terms or conditions of any other agreement you may have with CAN-TECH Law.

  2. Changes to Site
    CAN-TECH Law may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site (ii) adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on this Site. CAN-TECH Law reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.

    1. information about CAN-TECH Law, membership, and conferences;
    2. a section allowing users of this Site to register and pay for membership and conferences;
    3. links to other websites which CAN-TECH Law believes may provide information of benefit to users of this Site; and
    4. a CAN-TECH Law Newsletters section
  3. Services of Site
    The Site currently provides certain services (in each case, a "Website Service"), including:
  4. Permitted Uses
    You agree to only Use the Site for lawful purposes, and to only send Content and receive Materials that are proper and related to the particular Website Service, and CAN-TECH Law (subject to the General Terms and Conditions herein) grants you a Canadian, non-exclusive, non-transferable, non-sublicenseable, revocable, limited right, to so Use the Site including the Materials solely for your own personal or internal company use.

    1. remove, from any copy of the Materials, the copyright or other proprietary notices contained in the Materials; sell, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of CAN-TECH Law;
    2. Use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part);
    3. use or attempt to use another's account, password, or other information in connection with this Site without prior written authorization from CAN-TECH Law; create or use a false identity on this Site, or impersonate any person or entity, including without limitation an CAN-TECH Law employee or agent, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site; provide CAN-TECH Law with an e-mail address that you do not own, for which you do not have the express permission of the owner to register, or which is the customer service e-mail address for your business; or send to this Site or CAN-TECH Law any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate contact information;
    4. disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; delete or revise any Materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular Website Service, without their consent and without complying with the requirements of applicable privacy legislation;
    5. post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents; or
    6. post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
  5. Prohibited Uses
    You may not, nor may you allow others to, directly or indirectly:

    In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. CAN-TECH Law will investigate occurrences which may involve violations of such laws, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. CAN-TECH Law reserves the right at all times to disclose any Content as necessary to conduct such investigations and to satisfy any law, regulation or governmental request.

  6. Registration and Password
    You are responsible for maintaining the confidentiality of your registration information, (including without limitation and as applicable, any log in or password) and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify CAN-TECH Law of any unauthorized use of your registration information or of any other breach of security of which you are aware.

    1. This Site, including without limitation all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Any software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of CAN-TECH Law or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
    2. Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation it-can.ca, Canadian IT Law Association, and CAN-TECH Law, may constitute trade-marks, trade names, trade dress or associated products and services of CAN-TECH Law or its affiliates (the "Marks"), which are protected in Canada and their display on this Site does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of CAN-TECH Law is strictly prohibited.
    3. Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
  7. Proprietary Rights
    Except as expressly provided herein, CAN-TECH Law does not grant to you any express or implied right or license to use any intellectual property, including without limitation any patent, trademark, copyright, trade secret, or confidential information, of CAN-TECH Law or of any other contributor of Content to the Site.
  8. Link Conditions
    CAN-TECH Law welcomes links to this Site. However, you agree that if you want to link to this Site, you may only do so provided you

    1. Privacy Policy
      Any of your personal information which CAN-TECH Law collects via this Site is subject to the CAN-TECH Law Privacy Policy, which is incorporated by reference into the General Terms and Conditions.

      1. any communications sent by or to you via this Site or otherwise to CAN-TECH Law (including without limitation Content) are on a non-confidential basis, and CAN-TECH Law is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose;
      2. CAN-TECH Law shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services;
      3. you agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract); and
      4. you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgement of you as the source of such communications.
    2. User Communications
      Except as otherwise agreed in writing with you (for example, in the case of Material for which you have executed a release permitting the use and production of such Material by CAN-TECH Law which shall be governed by the terms of such release), and subject to any applicable law and the requirements of the CAN-TECH Law Privacy Policy:

      1. CAN-TECH Law does not, without limitation, make such efforts with respect to Content provided by third parties (e.g. legal updates or papers); and such Content should not be relied on as legal advice.
      2. CAN-TECH Law makes no representation or warranty of any kind regarding the Site, the Materials, and each Website Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Website Service;
      3. that you will be solely responsible for any Content you provide the Site or otherwise provide to CAN-TECH Law, including without limitation for its truthfulness and accuracy; and
      4. that the Site, the Materials, and each Website Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Materials shall be at your sole risk.
  9. Disclaimers
    CAN-TECH Law only makes reasonable efforts to ensure that the general content it provides to the site regarding CAN-TECH Law is accurate and current. However, you acknowledge that:

    CAN-TECH Law AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY, CAN-TECH Law DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.

  10. Limitation of Liability
    YOU AGREE THAT IN NO EVENT WILL CAN-TECH Law, ANY OF ITS AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE MATERIALS, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF CAN-TECH Law OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
  11. Indemnity
    You agree to defend, indemnify and hold harmless each of CAN-TECH Law, its affiliates, and each of their directors, officers, employees, contractors and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging to result or resulting from your use of the Site and the Materials in breach of the General Terms and Conditions.
  12. Choice of law
    This Site is controlled and administered by CAN-TECH Law from its offices, and operated on behalf of CAN-TECH Law by a third party service provider, within the Province of Ontario, Canada. CAN-TECH Law makes no representation or warranty that Materials at this Site are appropriate or available for use at any locations outside Canada, and accessing such Materials from locations where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. By accessing this Site, you agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. You agree not to export any of the Materials accessible through this Site in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the General Terms and Conditions.

  13. Class Actions
    You hereby waive any right you may have to commence or participate in any class action against CAN-TECH Law related to any claims, actions or demands and, where applicable, you hereby agree to opt out of any class proceeding against us otherwise commenced.
  14. Arbitration
    Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
  15. General
    The General Terms and Conditions constitute the entire agreement between CAN-TECH Law and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between CAN-TECH Law or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the General Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the General Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the General Terms and Conditions, and the remainder of the General Terms and Conditions shall continue in full force and effect. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and CAN-TECH Law. CAN-TECH Law's failure to insist upon or enforce strict performance of any provision of the General Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. No changes to the General Terms and Conditions shall be made except by a revised posting on this page. The General Terms and Conditions shall enure to the benefit of CAN-TECH Law and its affiliates. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site. CAN-TECH Law may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign your rights and duties under this Agreement to any party at any time.
  16. Additional Terms of Use
    Certain areas of this Site may be subject to additional terms of use, all of which are incorporated by reference into the General Terms and Conditions. You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
  17. Questions on General Terms and Conditions
    Should you have any questions regarding the General Terms and Conditions, you may contact CAN-TECH Law at jkosa@weirfoulds.com.

Last updated October 5, 2018.