TERMS AND CONDITIONS OF USE
BY USING THIS WEBSITE (WWW.LAWYERSLOOKUP.CA), YOU AGREE TO BE
CONTRACTUALLY BOUND BY THE FOLLOWING TERMS OF USE AGREEMENT (the “Terms of
Use”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE
OF THIS SITE IMMEDIATELY.
Access to the Site is offered to you on the condition that you accept
without modification the terms, conditions and disclaimers contained herein.
Your use of the Site and the content therein constitutes your agreement to all
such Terms of Use. Any personal information collected, used or disclosed by the
Company/Companies (www.LawyersLookup.ca) through the Site is subject to the Company’s
Privacy Policy. By agreeing to these Terms of Use, you consent to the
collection, use and disclosure of personal information in accordance with our
Privacy Policy.
1. Non-Commercial Use
The Sites are for personal and non-commercial use. All content
included in the Sites, including but not limited to text, information, designs,
photographs, graphics, images, illustrations, interfaces, codes, audio clips,
video clips, software and links to external websites (the "Content"),
is provided for informational purposes only.
2. Warranty Disclaimer
The Company intends for the Content on the Sites to be accurate
and reliable, however, the Sites and the Content are provided to you on an
"as is" and "as available" basis and without warranty or
condition of any kind, whether express or implied. In particular, the Companies
do not control the Content posted by users on the Sites and make no
representation or warranty whatsoever regarding the accuracy or completeness of
any data or information accessible on or through the Sites. Furthermore, to the
fullest extent permissible pursuant to applicable law, the Companies, their
respective affiliates, and their respective officers, directors, employees,
affiliates, suppliers, advertisers, representatives and agents disclaim all
warranties and conditions, express, implied, legal or statutory, including, but
not limited to, implied warranties of title, quality, non-infringement, freedom
from computer viruses, warranties arising from course of dealing or course of
performance, merchantable quality and fitness for a particular purpose. The
Companies expressly disclaim any representation or warranty that the Sites will
be free from errors, viruses or other harmful components, that communications
to or from the Sites will be secure and not intercepted, that the services and
other capabilities offered from the Sites will be uninterrupted, or that its
content will be accurate, complete, adequate or timely. Any material downloaded
is at your own risk and you will be solely responsible for any damage to your
computer system or loss of data that results from the download of any such
material.
The Sites offer various forms of advice, including, general,
legal, and are designed for entertainment, informational and educational
purposes only. You should not rely on this information as a substitute for, nor
does it replace, professional advice. Do not disregard, avoid or delay
obtaining professional advice, such as from a legal professional because of
something you may have read on this site. The use of any information provided
on this site is solely at your own risk.
Developments in technology, professional practices and changes
to laws may impact the advice that appears on the Sites. No assurance can be
given that the advice contained in the Sites will always include the most
recent findings or developments with respect to the particular material.
3. Liability Disclaimer
LAWYERSLOOKUP.CA (and the Companies) ASSUME NO LIABILITY FOR ANY LOSS OR DAMAGE FOR ERRORS OR OMISSIONS IN LAWYERS LOOKUP - ONTARIO LAWYERS DIRECTORY OR ON ITS SERVICE LAWYERSLOOKUP.CA, WHETHER ARISING IN CONTRACT, NEGLIGENCE, OR OTHERWISE
Without limiting the foregoing, the Companies expressly exclude
(and you hereby release the Companies from) any liability for any of the
following:
fraud by any user of the Sites;
any misrepresentation by a third party (whether innocent or
fraudulent) made in respect of the Sites and/or the content therein;
any failure by the Companies to ensure that they do not breach
any copyright or other intellectual property right of any third party;
any link on the Sites to any other site; and
loss or damage caused by delay or errors in, or the downtime of,
the Site (or servers) or resulting from interruption, termination, or failed
operation of the Internet or a third-party telecommunication service, even in
the event that the Companies have been advised of the possibility of such loss
or damage.
Nothing in these Terms of Use is intended to limit or exclude
any liability on the part of the Companies where and to the extent that
applicable laws prohibit such exclusion or limitation.
In no event shall the Companies or its affiliates, licensors,
suppliers, advertisers, agents or sponsors, be responsible or liable for any
indirect, incidental, consequential, special, exemplary, punitive or other
damages under any contract, negligence, tort, extra-contractual liability,
strict liability or other theory, arising out of or in connection with the use
or performance of the Sites or any other site you or users of your account may
access while using the Sites or your use or the use by users of your account of
the Content, even if advised of the possibility of such damages.
4. Dealing with Third Parties
Any correspondence or business dealings with any third parties
including merchants, sellers, buyers or advertisers found on, or through, the
Sites is solely between you and such third parties, and the Companies have no
control over the quality, legality or inappropriate nature of the Content
advertised, the truth or accuracy of any representations made by sellers, the
ability of sellers to sell and the ability of buyers to purchase. The Companies
are not responsible for any loss or damages you may suffer by entering into
such transactions including the payment for and delivery of goods and services if any, and
any terms, conditions, warranties, or representations associated with such
dealings. You and the third party, not the Companies, are responsible for
compliance with all laws applicable in any such transaction.
5. Indemnity.
You acknowledge and expressly agree that use of the Sites is at
your sole and own risk. You agree to defend, indemnify and hold the Companies
and their affiliates as well as their respective directors, officers, trustees
and employees harmless from any and all liabilities, costs and expenses,
including reasonable attorneys' fees, related to any violation of these Terms
of Use by you or users of your account, or in any way arising out of the use of
the Sites, including without limitation, the placement or transmission of any
information or other materials on the Sites by you or users of your account.
6. Prohibited Use of the Sites.
You shall not use the Sites in any way that would interfere with
their operation nor submit any content to the Sites which libels, defames,
invades privacy, is obscene, pornographic, abusive or threatening, infringes
intellectual property laws or violates any other applicable laws. You shall not
post, upload, publish, transmit or otherwise distribute on or through the Sites
any information or other materials that:
could constitute a criminal offence, including without
limitation, any crimes relating to pornography, threats, intimidation, hate,
racism, assault, or fraud;
could defame, abuse, harass, threaten or otherwise interfere
with or harm the contractual, personality, confidentiality, privacy, publicity,
moral or statutory or any other rights of any person, including, without limitation
and for greater certainty, the Companies and their respective affiliates;
could infringe the intellectual property rights including,
without limitation, any copyright, trade-mark, or patent, of any person,
including, without limitation and for greater certainty, the Companies and
their affiliates;
could be considered as a use of the Sites that is contrary to
law or electronic etiquette, or which would adversely impact the use of the
Sites or the Internet by other users, including the posting or transmitting of
information or software containing viruses or other disruptive components;
contain any distasteful or offensive material including, but not
limited to, material intended for an adult audience;
contain: (i) falsehoods or misrepresentations (ii) commercial
content, including without limitation, advertising, solicitation, offers to
sell any products, goods or services, or (iii) unsolicited or
unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation, which
prohibition includes but is not limited to (a) using the Sites to send messages
to people who don’t know you or who are unlikely to recognize you as a known
contact or who have not consented to receiving electronic messages from you in
accordance with applicable anti-spam legislation; (b) using the Sites to
connect to people who don’t know you and then sending unsolicited promotional
messages to those direct connections without their permission; and (c) sending
messages to distribution lists, newsgroup aliases, or group aliases; or (iii)
surveys or contests; or
encourage, conspire, entice or promote the occurrence of any of
the prohibited conduct stipulated herein.
The Companies do not endorse any submission or any opinion,
recommendation or advice that you may submit on or through the Sites and the
Companies expressly disclaim any and all liability in connection with your
submissions to the Sites.
The Companies reserve the right to remove any information that
you post, upload, publish, transmit, distribute or otherwise use on the Sites,
in whole or in part, at any time, at its sole discretion and without prior
notice.
7. License
By posting, uploading or submitting any information, material or
content to the Sites, you automatically grant (or warrant that the owner of the
rights to such material or content has expressly granted you the rights to
grant) the Companies a non-exclusive, irrevocable, worldwide, perpetual,
unlimited, assignable, sublicensable, royalty-free right to use, reproduce,
modify, adapt, improve, create derivative works from, publish, remove, retain,
add, process, analyze, translate, license, transmit, distribute and otherwise
exploit any or all portions of such information, material or content in any
manner and media and by means of any technology now known or hereafter
developed. In addition, you hereby irrevocably waive all moral rights in any
such information, material or content posted, uploaded or submitted by you.
8. Web Scraping/Harvesting
You may only use or reproduce the Content for your own personal
and non-commercial use. The framing, scraping, data-mining, extraction or
collection of the Content of the Sites in any form and by any means whatsoever
is strictly prohibited. Furthermore, you may not mirror any material contained
on this Sites.
9. Hyperlinking to the Sites
You may create a link (the "Hyperlink") to one or more
of the Sites provided that:
you do not replicate any of the Content of the Sites;
you do not create a frame or any other bordered environment
around the Sites or the Content contained in the Sites;
the Hyperlink shall not imply any endorsement of any products,
goods or services; and
the website linking to the Sites does not contain any
information, content or material that would interfere with the operation of the
Sites nor which libels, defames, invades privacy, is obscene, pornographic,
abusive or threatening, infringes intellectual property laws or violates any
other applicable laws.
The Companies may withdraw your right to hyperlink to the Sites
at any time in their sole discretion.
10. Links to Third Party Websites
Links available on the Sites will allow you to link to websites
or resources not maintained or controlled by the Companies. The Companies
provide these links for your convenience only and make no endorsements,
warranties or representations of any kind whatsoever regarding those other
websites and expressly disclaim all responsibility for content on third party
websites. The Companies have neither reviewed nor approved any content that
appears on such other websites. Please be aware that you link to these third
party websites at your own risk. You acknowledge and agree that the Companies
shall not be held responsible for the legality, accuracy or inappropriate
nature of any content, advertising, products, services, or information located
on or through any other websites, nor for any loss or damages caused or alleged
to have been caused by the use of or reliance on any such content.
11. Copyright
All Content published on or otherwise accessible through the
Sites, including without limitation, all texts, designs, images, photographs
and other information, is protected under Canadian and other copyright laws to
the maximum extent permitted. The Content, and the copyright in the Content,
are owned or controlled by the Companies and/or its affiliates, licensors,
suppliers, representatives or agents (each a “Copyright Holder”). The Companies
grant you a limited license to display or print the Content for your own
personal and non-commercial use only. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer or sell these materials in any form or manner without the
express written permission of the Copyright Holder(s) of the Content. You must
abide by all copyright notices, information and restrictions contained in any
Content on, or accessed through, the Sites and maintain such notices in the
Content. The Companies do not warrant or represent that your use of materials
displayed on, or obtained through, the Sites will not infringe the rights of
third parties.
12. Changes and updates
The Companies reserve the right to change or remove any Content
from the Sites, in whole or in part, at their sole discretion, at any time,
without notice. The Companies reserve the exclusive right to modify these Terms
of Use at any time. Non-material changes and clarifications will take effect
immediately. Any material changes will take effect 30 days after their posting.
You must regularly review these Terms of Use. Please refer to the last update
date which appears at the bottom of this page to know the posting date of any
change. Your continued use of the Sites following any modification to the Terms
of Use constitutes your agreement to such modified Terms of Use.
13. Registered User Accounts
In order to access certain parts of the Sites, you may have to
register as a user with the Companies. During registration for a user account
(“Account”), you will select a password and account name. You understand and
agree that you are solely responsible for maintaining the confidentiality of
your account including your password, and are fully responsible for all
activities that occur under your account. You agree to (a) immediately notify
the Companies of any unauthorized use of your password or account or any other
breach of security, and (b) log out from your account at the end of each
session. The Companies will not be liable for any loss or damage arising from your
failure to comply with this section.
14. Applicable Law
These Terms of Use shall be governed by and construed in
accordance with the laws of Ontario and the federal laws of Canada applicable
therein. The parties hereby agree and attorn to the exclusive jurisdiction of
the courts of the province in which you reside. The parties have required that
these Terms of Use and all related documents be drawn up in English. Les
parties ont demandé que ces termes et conditions ainsi que tous les documents
qui s'y rattachent soient rédigés en anglais.
16. General
The Companies reserve the right to terminate or suspend access
to the Sites and/or to terminate these Terms of Use at any time without notice
and for any reason whatsoever. The Companies reserve the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in their sole
discretion. Any service order or transaction performed on or through the Sites
may be subject to additional terms and conditions or terms of sale. The Terms
of Use of the Sites and all other documents referenced herein constitute the
entire agreement between the Companies and you with respect to your use of the
Sites or the use by users of your account. The Companies' failure to insist
upon, or enforce strict performance, of any provision of these Terms of Use
shall not be construed as a waiver of any provision or right. If any terms in
these Terms of Use are determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such determination shall
not affect the remaining provisions hereof.
Amended: December 28, 2020