Your acceptance of this Agreement
These terms of use constitute the agreement (“Agreement“) between you and Fogler, Rubinoff LLP (“FR“), and governs your use of the FR website at www.foglers.com (the “Website“) and its content (“Content“). Each time you use the Website you signify your acceptance of this Agreement and the acceptance of any person you purport to represent.If you do not agree to be bound by this Agreement, do not access or use the Website or the Content.
No lawyer-client relationship
No lawyer-client, advisory, fiduciary or other relationship is created by this Agreement or your use of the Website or the Content or your communication with an FR professional by e-mail or through the Website.
No legal advice
The Website and the Content are for general informational purposes only. They are not intended to be legal or other professional advice or an opinion of any kind. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information in the Content or otherwise on the Website.
Communications neither secure nor confidential
The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. FR cannot guarantee the security of any communication to or from the Website. FR does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet, other forms of networks or otherwise while using the Website.
Permitted users and access
The Website may be used only by persons who are at least 19 years old and can form legally binding contracts under applicable law. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.
Viruses
Downloading the Content on the Website is solely at your own risk. FR cannot and does not guarantee or warrant that the Content or the Website is compatible with your computer system or that the Content or the Website will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Content or the Website.
Disclaimer and limitation of liability
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. FR DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR THE CONTENT. FR DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE OR THE CONTENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, FR DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEBSITE AND THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL FR BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT FR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE CONTENT.
Release and indemnity
To the fullest extent permitted by law, you release FR from, and in no event shall FR 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 of this Agreement), the Content or otherwise relating to this Agreement and you acknowledge that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website and the Content. You will indemnify and hold FR harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by FR due to or resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by you of this Agreement). You will also indemnify and hold FR harmless from and against any claims brought by third parties arising out of your use of the Content and the Website. You agree that FR may assume the defense and control of any matter for which you are required to indemnify FR and you agree to cooperate, at your cost, with FR’s defense of these claims. You agree not to settle any matter without the prior written consent of FR.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Personal information and privacy
FR collects, uses and discloses your personal information in accordance with FR’s privacy policy (“Privacy Policy“). By accepting this Agreement, and each time you use the Website, you consent to FR’s collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.
Intellectual property – ownership and limited license
FR retains all copyright, trade-mark and other rights in the Website and the Content, including all text and graphic images. You may download, display and print copies of the Content for private non-commercial purposes, as long as the material is not modified, the source of the material is indicated, and the FR copyright and other notices are neither removed nor modified. No portion of the Content may be used or reproduced for any other purpose, or distributed, transmitted or mirrored in any form, or by any means, without the prior written permission of FR. Your limited license to use the Website and the Content is automatically revoked upon termination of this Agreement. You agree that you will not use the Website or the Content for any purpose that is unlawful.
Links
The Website may contain links to other sites. The provision of these links is for your convenience only, and does not constitute FR’s endorsement, recommendation or approval of the other sites. FR has no control over the availability or content of such sites, and any use of them is at your own risk. FR shall have no liability related to or arising from such sites or your use of them. You may link to the front page of the Website at www.foglers.com. Any other link to the Website, and any linking to the pages within the Website or framing of content on the Website, is prohibited without the prior written consent of FR.
Governing law
This Agreement and the use of the Website and the Content shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario, and you irrevocably attorn to the exclusive jurisdiction of the courts of Ontario sitting in Toronto. Anyone accessing the Website or the Content from other jurisdictions assumes sole responsibility for compliance with local laws.
General provisions
This Agreement (which includes the Privacy Policy) constitutes the entire agreement between FR and you pertaining to your use of the Website and the Content. FR’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions of this Agreement.
Changes to Website, Content and Agreement
At any time and without prior notice, FR may change the Website, the Content and this Agreement. It is your responsibility to check this Agreement for changes. Your continued use of the Website or the Content will be deemed to be your unconditional acceptance of any changes to this Agreement.
Effective date
This Agreement was last updated and is effective as of June 16, 2017.
