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TERMS OF USE

GOWLINGS TERMS OF USE AGREEMENT

ACCEPTANCE. This Terms of Use Agreement ("Agreement") is a legal agreement between you and Gowling Lafleur Henderson LLP ("Gowlings"), the owner and operator of this Web site (the "Web site"). It states the Terms and Conditions under which you may access and use the Web site. By accessing and using the Web site, 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 Web site. Gowlings may revise this Agreement at any time by updating this posting. Use of the Web site 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 Web site 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. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this Web site. Gowlings professionals will be pleased to discuss resolutions to specific legal concerns you may have.

NO LAWYER-CLIENT RELATIONSHIP. The presentation of information on this Web site or your use of, or reliance upon such information does not establish a lawyer-client relationship between you and Gowlings or between you and any Gowlings professional. Please also note that any information sent or received over the Internet is generally not secure. Gowlings cannot guarantee the security or privacy of any communication (in any form)  to the Web site.

OWNERSHIP OF CONTENT. All materials displayed or otherwise accessible through this Web site, 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 Gowlings and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Web site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Gowlings.

LIMITED LICENCE. Subject to the Terms and Conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Web site 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 Web site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Gowlings of the contents of such third-party Web sites. Gowlings is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party Web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party web site, (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 web sites, and (iii) any representation or warranty that the operation of the third-party web site will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected, or that such third-party web sites will be free from viruses or other harmful components.  You also understand and agree that Gowlings’ Privacy Policy is applicable only while you are using the Web site. Once you are linked to another web site, you should read the privacy policy of that web site before disclosing any Personal Information (as defined in the Privacy Policy). 

LIMITATION OF LIABILITY. Subject to applicable law, in no event shall Gowlings, or its partners, employees, consultants, agents, or licensors(“Gowlings 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 Web site 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 Gowlings knew of or ought to have known of the possibility of such damages.

DISCLAIMER OF WARRANTIES. The Web site and the Content is provided "as is" and “as available”, without warranty or condition of any kind, either express or implied.  Gowlings 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 Web site and the Content, to the fullest extent permissible under applicable law.  While Gowlings endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Web site and/or the Content including, without limitation, no representation or warranty that (i) the Web site or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Web site will be uninterrupted or error-free, (iii) that defects or errors in the Web site or the Content will be corrected, (iv) that the Web site will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the Web site will be secure and/or not intercepted. You acknowledge and agree that you are using the Web site and the Content, if applicable, at your own risk and liability.

RELEASE AND INDEMNITY.  You hereby agree to release each of the Gowlings Released Parties from, and in no event shall any or all of the Gowlings 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 Web site (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 Web site. You will indemnify and hold each of the Gowlings 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 Web site, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold the Gowlings Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Web site.

PRIVACY POLICY.  Gowlings will treat any personal information that you submit through this Web site in accordance with its Privacy Policy.  Please click here to read and review Gowlings’ Privacy Policy, which describes Gowlings’ privacy policies and practices in detail, as such policy may be amended from time to time by Gowlings.  Gowlings advises you to check the Privacy Policy on a frequent basis for changes.  You hereby consent to the use of your Personal Information by Gowlings 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. Gowlings cannot guarantee security of any communication to or from the Web site.  Gowlings does not assume any responsibility or risk for your use of the Internet. 

PASSWORDS. Any passwords and user ID’s used for this Web site are for individual business use only.  You will be responsible for the security of your password and user ID (if any).  Gowlings will be entitled to monitor your password and user ID and, at its discretion, require you to change it.  If you use a password that Gowlings considers insecure, Gowlings will be entitled to require the password to be changed and/or terminate your account.  You further agree not to disclose your password or user ID to any other person and Gowlings will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password or user ID.  You agree to notify Gowlings immediately upon becoming aware of any known or suspected unauthorized use(s) of the your password or user ID  to gain access to your profile, or any breach of security, via e-mail to development@gowlings.com if at any time your password or user ID is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised.  Gowlings cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

TRADE MARKS. Gowlings and the GOWLINGS logo are trade marks of Gowling Lafleur Henderson LLP as is “The Power of Original Thought.” Other names, words, titles, phrases, logos, designs, graphics, icons and trade marks displayed on the Web site may constitute registered or unregistered trade marks of Gowlings or third parties. While certain trade marks of third parties may be used by Gowlings under licence, the display of third party trade marks on the Web site should not be taken to imply any relationship or licence between Gowlings and the owner of said trade mark or to imply that Gowlings endorses the wares, services or business of the owner of the said trade mark.

GOVERNING LAW AND JURISDICTION. The Web site is operated by Gowlings from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site 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 Web site.

TERMINATION. Gowlings may, in its sole discretion, cancel or terminate your right to use the Web site, or any part of the Web site, at any time without notice. In the event of termination, you are no longer authorized to access the Web site or the part of the Web site affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Web site set out in this Agreement shall survive. Gowlings 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 Gowlings relating to your access and use of the Web site 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. Gowlings 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 Gowlings.  No delay or omission by Gowlings 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.  Gowlings’ failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Gowlings’ 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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