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TERMS OF USE AGREEMENT ACCEPTANCE. This Terms of Use Agreement ("Agreement") is a legal
agreement between you and Thompson Dymond and all its associates ("Thompson
Dymond"), the owners and operators of www.thompsonlaw.ca and all
the content thereon (unless otherwise noted) ("Website"). It
states the Terms and Conditions under which you may access and use
the Website. By accessing and using the Website you are indicating
your acceptance to be bound by the Terms and Conditions of this Agreement.
If you do not accept these Terms and Conditions you must not access
or use the Website. Thompson Dymond may revise this Agreement at any
time by updating this posting. Use of the Website after such changes are
posted will signify your acceptance of these revised terms. You should
visit this page periodically to review this Agreement. NOT
LEGAL ADVICE. Information made available on the Website in any
form is for information purposes only. It is not and should not be taken
as legal advice. You should not rely on or take or fail to take any action
based upon this information. No two situations are the same, and laws
are constantly changing. Always seek current and up to date legal advice
directly related to your situation, and never delay seeking legal or other
professional advice because of something you have read on this Website.
Thompson Dymond professionals will be pleased to discuss resolutions to
specific legal concerns you may have, or will refer you to other professionals
as appropriate. NO
LAWYER-CLIENT RELATIONSHIP. The presentation of information on this
Website or your use of or reliance upon such information does not establish
a lawyer-client relationship between you and Thompson Dymond or between
you and any Thompson Dymond professional. Please also note that any
information sent or received over the Internet is generally not secure.
Thompson Dymond cannot guarantee the security or privacy of any communication
(in any form) to the Website. OWNERSHIP
OF CONTENT. All materials displayed or otherwise accessible through
this Website, including but not limited to text, graphics, videos,
photos, trade-marks, logos and other materials (collectively, "Content")
are protected by copyright and trade-mark laws and are owned by Thompson
Dymond or the party accredited as the provider of the Content. Except
as granted in the limited license herein, any use of the Content, including
modification, transmission, presentation, distribution, republication,
or other exploitation of the Website or of its Content, whether in
whole or in part, is prohibited without the express prior written consent
of Thompson Dymond. LIMITED
LICENCE. Subject to the Terms and Conditions of this Agreement,
you are hereby granted a limited, non-transferable and non-exclusive license
to access, view and use the Website for your personal, noncommercial use,
and are granted the right to download, store and print single copies of
items comprising the Content for your personal, non-commercial use, provided
that you maintain all copyright and other notices contained in such Content. LINKS. The Website may contain link to third-party Websites. These links are
provided solely as a convenience to you and not as an endorsement by
Thompson Dymond of the contents of such third-party Websites. Thompson
Dymond is not responsible for the content of any third-party Website
nor does it make any representation or warranty of any kind regarding
any third-party Website including, without limitation (i) any representation
or warranty regarding the legality, accuracy, reliability, completeness,
timeliness, security, suitability of any content on any third-party
Website, (ii) any representation or warranty regarding the merchantability
and fitness for a particular purpose of any material, content, software,
goods, or services located at or made available through such third-party
Websites, and (iii) any representation or warranty that the operation
of the third-party Website will be uninterrupted or error free, that
defects or errors in such third-party Websites will be corrected, or
that such third-party Websites will be free from viruses or other harmful
components. You
also understand and agree that Thompson Dymond’s Privacy Policy
is applicable only while you are using the Website. Once you are linked
to another Website you should read the privacy policy of that Website
before disclosing any Personal Information (as defined in the Privacy
Policy). LIMITATION
OF LIABILITY. In no event shall Thompson Dymond, or its associates,
employees, consultants, agents, or licensors(“Thompson
Dymond Released Parties”) be liable for damages of any kind including
without limitation any direct, special, indirect, punitive, incidental
or consequential damages including, without limitation, any loss or
damages in the nature of or relating to lost business, lost savings,
lost data and/or lost profits arising from your use of, reliance upon,
or inability to use the Website or the Content, regardless of the cause
and whether arising in contract (including fundamental breach), tort
(including negligence), or otherwise. The foregoing limitation shall
apply even if Thompson Dymond knew of or ought to have known of the possibility
of such damages. DISCLAIMER
OF WARRANTIES. The Website and the Content is provided "as
is" and “as available”, without warranty or condition
of any kind, either express or implied. Thompson Dymond expressly
disclaims all warranties and conditions, including any implied warranties
of merchantability, fitness for a particular purpose, title, quiet enjoyment
or non-infringement in respect to the Website and the Content, to the
fullest extent permissible under applicable law. While Thompson
Dymond endeavors to provide Content that is correct, accurate and timely,
no representations or warranties are made regarding the Website and/or
the Content including, without limitation, no representation or warranty
that (i) the Website or Content will be accurate, reliable, complete,
current, timely or suitable for any particular purpose, (ii) that the
operation of the Website will be uninterrupted or error-free, (iii)
that defects or errors in the Website or the Content will be corrected,
(iv) that the Website will be free from viruses, malware, worms or
other harmful components, and (v) that communications to or from the
Website will be secure and/or not intercepted. You acknowledge and agree
that you are using the Website and the Content, if applicable, at your
own risk and liability. RELEASE
AND INDEMNITY. You hereby agree to release each of the
Thompson Dymond Released Parties from, and in no event shall any or all
of the Thompson Dymond Released Parties be liable to you or any other
person or entity, for any and all liabilities and damages (including
any direct, indirect, special, exemplary or consequential damages, including
lost profits) whatsoever or arising from your use of the Website (including
any breach by you thereof), the Content or otherwise relating to this
Agreement and you agree that your sole remedy for any claim, loss,
damage, costs or expenses is to cease using the Website. You will indemnify
and hold each of the Thompson Dymond Released Parties from and against
any claims, losses, judgments, damages, costs and expenses (including
without limitation, reasonable legal fees) incurred by any of them
due to or resulting from your use of the Website, the Content or otherwise
relating to this Agreement (including any breach by you thereof). You
will also indemnify and hold the Thompson Dymond Released Parties harmless
from and against any claims brought by third parties arising out of
your use of Content from this Website. PRIVACY
POLICY. Thompson Dymond will treat any personal information
that you submit through this Website in accordance with its Privacy Policy. Please
click here to read and review Thompson Dymond’ Privacy Policy, which
describes Thompson Dymond’ privacy policies and practices in detail,
as such policy may be amended from time to time by Thompson Dymond. Thompson
Dymond advises you to check the Privacy Policy on a frequent basis for
changes. You hereby consent to the use of your Personal Information
by Thompson Dymond in accordance with the terms and for the limited
purposes set forth in the Privacy Policy. SECURITY. Any information sent or received over the Internet is generally not
secure. Thompson Dymond cannot guarantee security of any communication
to or from the Website. Thompson Dymond does not assume any responsibility
or risk for your use of the Internet. GOVERNING
LAW AND JURISDICTION. The Website is operated by Thompson
Dymond from its offices within the Province of Ontario, Canada. By accessing
or using the Website, you agree that all matters relating to your access
to, or use of, the Website and its Content shall be governed by the laws
of the Province of Ontario and the federal laws of Canada, without regard
to conflict of laws principles. You agree and hereby submit to the non-exclusive
jurisdiction of the courts of the Province of Ontario with respect to
all matters relating to your access to and use of the Website. TERMINATION. Thompson Dymond may, in its sole discretion, cancel or
terminate your right to use the Website, or any part of the Website, at
any time without notice. In the event of termination, you are no longer
authorized to access the Website or the part of the Website affected by
such cancellation or termination. The restrictions imposed on you with
respect to both Content and the Website set out in this Agreement shall
survive. Thompson Dymond shall not be liable to any party for such termination. ENTIRE
AGREEMENT. Except for any agreement in respect of Content, this
is the entire agreement between you and Thompson Dymond relating to your
access and use of the Website and the Content herein. GENERAL. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Thompson Dymond will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by Thompson Dymond. No delay or omission by Thompson Dymond in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Thompson Dymond’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Thompson Dymond’s right to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect. |
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