The cantechlaw.ca Web Site (the "Site") is operated and owned by the Canadian Technology Law Association ( "CAN-TECH Law"). This document states the General Terms and Conditions of Use under which you may use the Site.
By accessing the Site, you acknowledge that you have read and agree to be bound by and to comply with these General Terms and Conditions without limitation or qualification. If you do not agree, without limitation or qualification, to be bound by and to comply with these General Terms and Conditions, you must not access or use the site.
CAN-TECH Law may revise these General Terms and Conditions at any time by updating this posting. Use of the Site after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review the General Terms and Conditions because they are binding on you.
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:
Services of Site
The Site currently provides certain services (in each case, a "Website Service"), including:
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-sub-licenseable, revocable, limited license, to access, view and use the Site including the Materials for your personal, non-commercial use, and you are granted the right to download, store and print single copies of items comprising the Materials for your personal, non-commercial use.
You may not, nor may you allow others to, directly or indirectly:
CAN-TECH Law reserves the right to terminate or suspend your access to all or part of the Site immediately and at any time for any or no reason, including any violation of these Terms.
Registration and Password
You are responsible for maintaining the confidentiality of your registration information, (including without limitation and as applicable, any login 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.
Intellectual Property Rights
User Submissions; Ownership of Materials
On the Site, you may have the opportunity to upload textual and/or graphical content ("User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that
Absent an express agreement to the contrary, you retain all of your ownership rights in your Materials. However, by submitting User Submissions to the Site, you hereby grant CAN-TECH Law a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display, the User Submissions in connection with the Site and CAN-TECH Law’s business. You also hereby grant each registered user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, and display such User Submissions as permitted through the functionality of the Site and under these General Terms and Conditions.
CAN-TECH Law does not want you to, and you should not, send any confidential or proprietary information to CAN-TECH Law via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to CAN-TECH Law will not be considered confidential or proprietary. By providing any such information or materials to CAN-TECH Law, you grant to CAN-TECH Law an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials.
Links and Disclaimers of Linked Sites
Certain links on this Site may take you to other websites. CAN-TECH Law provides these links only as a convenience. These linked sites are not necessarily under the control of CAN-TECH Law. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
CAN-TECH Law is not responsible for the contents of any such linked pages or any other pages not under its control. CAN-TECH Law makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that CAN-TECH Law sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CAN-TECH Law.
CAN-TECH Law welcomes links to this Site. However, you agree that if you want to link to this Site, the linked website shall not:
Limitation of Warranties And Disclaimer:
The Materials and Services are provided for educational or informational purposes only and are not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information on this Site without seeking the advice of a professional. Any opinion, advice, article, publication, statement, service, offer, or other information or content expressed or made available on this Site or on any site linked to this Site, is that of the respective author or distributor and not of the CAN-TECH Law. The CAN-TECH Law assumes no obligation to update the Materials, advise on further developments concerning topics mentioned or update the functionality of the Services. The information contained on this Site may contain typographical errors. The Materials and Services may be changed without notice.
THE MATERIALS AND SERVICES CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. FURTHER, NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR SERVICES, OR OF ANY INFORMATION CONTAINED IN ANY SITE LINKED TO THIS SITE. THE CAN-TECH Law DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, ANY SITE LINKED TO THIS SITE OR TO THE AVAILABILITY OF INTERNET E-MAIL LINKS PROVIDED ON THE SITE. IN NO EVENT SHALL THE CAN-TECH Law, ITS OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES OR INTERNET SERVICE PROVIDER(S) (COLLECTIVELY "ITS REPRESENTATIVES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE CAN-TECH Law OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.
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.
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.
Choice of law
This Site is controlled, operated and administered by CAN-TECH Law from within the Province of Ontario, Canada. 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.
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.
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.
Questions on General Terms and Conditions
Should you have any questions regarding these General Terms and Conditions, you may contact CAN-TECH Law at firstname.lastname@example.org.