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Terms of Use

 

These terms of use (the “Terms of Use”) apply to my services and/or web site(s) (collectively the “Services”) which I own and operate (“I”, “me”, or “my”), including www.vancouverbusinesslaw.ca (the “Web Site”).  By using the Services, you agree, without limitation or qualification, to be bound by the terms and conditions as set forth below.

Privacy Policy

I respect your privacy and believe you should be informed about how I collect, use and disclose your personal information. Please read my privacy policy (the “Privacy Policy”) before using the Web Site.

Modification to Terms of Use

I reserve the right to make changes to these Terms of Use and the Privacy Policy at any time by posting such changes on the Web Site. Modifications to any of the foregoing shall be effective when they are posted on the Web Site, which posting shall constitute notice to you. Your continued use of the Web Site following the posting of any such modifications on the Web Site will mean that you accept and agree to be bound by such modifications. I encourage you to check the Web Site regularly to see if I have made any modifications to these Terms of Use and the Privacy Policy.

Ownership of the Web Site

The Web Site and all aspects thereof, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and all other materials (the “Content”), including any copyright, trademark or other intellectual property rights in or to any of the foregoing belong to me and are protected by copyright, trademark and other applicable laws.

Modifications and Termination of Web Site

I reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Web Site (or any part thereof), with or without notice to you. You acknowledge and agree that I will not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site or its services or access thereto.

Indemnification

You agree to indemnify, defend and hold harmless me, affiliates, agents, employees, partners, suppliers and any third parties from any loss, liability, claim, demand, action or damage, including reasonable lawyers’ fees, arising out of or related to (a) your use of the Web Site, (b) any content, information or material you receive on or through the Web Site, (c) your breach or violation of these Terms of Use, and (d) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Web Site.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK AND THAT THE WEB SITE, AND THE INFORMATION, CONTENT, GOODS AND SERVICES MADE AVAILABLE THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN REGARD TO THE WEB SITE AND ALL CONTENT, INFORMATION AND MATERIAL THEREON AND PRODUCTS AND SERVICES MADE AVAILABLE THEREIN, I EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND COMPLETENESS, FREEDOM FROM COMPUTER VIRUS AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY INFORMATION AVAILABLE THROUGH THE WEB SITE SHALL BE AT YOUR SOLE RISK.  I DO NOT MAKE ANY WARRANTY THAT THE WEB SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR BE OF A CERTAIN QUALITY, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE, IF ANY, WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. YOU FURTHER UNDERSTAND AND AGREE THAT THE INTERNET IS COMPOSED OF MANY PRIVATELY OWNED SYSTEMS AND NETWORKS OF TELEPHONE WIRES AND SWITCHES AND WIRELESS TECHNOLOGIES AND IS DEPENDENT FOR ITS ONGOING OPERATIONS UPON COMPUTERS AND OTHER ELECTRONIC HARDWARE THAT ARE OFTEN UNSTABLE AND SUBJECT TO MALFUNCTIONS, AND, THEREFORE, IT IS THE INHERENT NATURE OF THESE SYSTEMS AND NETWORKS, AND THE INTERNET TO EXPERIENCE SYSTEMS AND HARDWARE FAILURES, PACKET LOSSES AND DOWNTIME. ACCORDINGLY, YOU HEREBY RELEASE AND FOREVER DISCHARGE ME FROM ANY AND ALL COSTS, LOSSES, LIABILITY OR DAMAGES RESULTING FROM DOWNTIME CAUSED BY ANY OF THE FAILURES DESCRIBED OR REFERRED TO ABOVE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ME OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, I, AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS OR ANY THIRD PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF I HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEB SITE OR THE INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS AVAILABLE FROM OR THROUGH THE WEB SITE, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, INOPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY PERSONAL INFORMATION (AS THAT TERM IS DEFINED IN THE PRIVACY POLICY).  THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

 

Third-Party Web sites 

If I provide links to other web sites that I feel may be of interest to you, I do not monitor or investigate such web sites and I am not responsible for the content, functionality or practices of such web sites. Once you link to a third party web site, you will be subject to the terms of use, privacy policy and/or editorial policy of that site.  Your linking to such web sites is at your own risk, and I am not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such site.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Web Site shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada. You shall bring any legal action or proceeding against me related to the Web Site and these Terms of Use exclusively in a court of competent jurisdiction sitting in the City of Vancouver, Province of British Columbia, Canada, and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Use is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. My failure to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by me in writing.  These terms and conditions constitute the entire agreement between you and I with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements.

You agree that nothing contained in these Terms of Use will be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship with you. You may not assign your rights or obligations under these Terms of Use to any party.  You have independently evaluated these Terms of Use and are not relying on any representation, guarantee, or statement from us or anyone else, other than as expressly set forth in these Terms of Use.

Contact

Any questions or comments can be directed to:

Vancouver Business Lawyers
Attention: Malcolm P. MacPherson
Direct: 604.928.4202

mmpm@vancouverbusinesslaw.ca


* Denotes a Professional Law Corporation



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