Terms and Conditions & Privacy Statement

January 27, 2015 at 2:25 am | Uncategorized | No comment

LEGAL STATEMENT/DISCLAIMER
Any information contained on this site is for reference purposes only and is not intended to, nor should be construed as, legal advice. If legal advice is required, a request for same outlining the specific relevant issues should be sent to Lexon Law Professional Corporation, Barristers, Solicitors & Notaries Public by way of the REQUEST ADVICE link on this site. Lexon Law Professional Corporation shall not be liable for any losses arising directly or indirectly from the use of, or reliance upon, information contained on this site. Use of this site shall be in accordance with the Terms and Conditions of Use as set out herein.
TERMS AND CONDITIONS OF USE
YOUR USE OF WWW.LEXONLAWYERS.COM AND RELATED WEBSITES (THE “WEB SITE”), CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEB SITE.

1. Purpose of Web Site. This Web Site is a service made available by Lexon Law Professional Corporation, Barristers, Solicitors & Notaries Public (“Provider”). The information in the Web Site is for educational purposes, and to give you general information and a general understanding of the law in Canada, not to provide specific legal advice unless otherwise indicated. Although care has been taken to provide accurate and current information, the general principles and information presented at this Web Site or any links hereto may differ depending on local, provincial and federal laws, regulations, and court cases. Because the law constantly changes and varies from jurisdiction to jurisdiction, and is subject to varying interpretations, the reader is urged to consult a lawyer at Lexon Law Professional Corporation directly regarding the applicability of any points of law discussed at this Web Site to any specific problem. If advice is sought through this website the advice provided is strictly to be interpreted in the context of the information provided by the user.

2. Limited License; Permitted Uses. You are granted a non-exclusive, non-transferable, revocable license (1) to access and use the Web Site strictly in accordance with these Terms and Conditions of Use; (2) to use the Web Site solely for internal, personal, non-commercial purposes (save and except for the purposes of retaining the professional legal services of Lexon Law Professional Corporation); and (3) to print out discrete information from the Web Site solely for internal, personal, non-commercial purposes (save as provided herein) and provided that you maintain all copyright and other notices contained therein.

3. Restrictions and Prohibitions on Use. Your license to access and use the Web Site are subject to the following restrictions and prohibitions on use. You may not (1) copy, print (except for the express limited purpose permitted by paragraph 2, above), republish, display, transmit, distribute, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Web Site or any information or materials retrieved therefrom; (2) use any materials from the Web Site to develop, or as a component of, an information storage and retrieval system, database, infobase, or similar information resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (3) create compilations or derivative works of any materials from the Web Site; (4) use the Web Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of Provider or any third parties; (5) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Web Site; (6) make any portion of the Web Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (7) remove, disable, defeat or change any functionality or appearance of the Web Site; (8) decompile, disassemble or reverse engineer any Web Site software or use any network monitoring or discovery software to determine the site architecture; (9) use any automatic or manual process to harvest information from the Web Site; (10) use the Web Site for the purpose of gathering information for or transmitting (a) unsolicited commercial email; (b) email that makes use of Provider’s name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (c) unsolicited telephone calls or facsimile transmissions; (11) use the Web Site in a manner that violates any provincial or federal law regulating commercial email, facsimile transmissions or telephone solicitations; and (12) export or re-export the Web Site or any portion thereof, or any software available on or through the Web Site, in violation of the export control laws and regulations of Canada.

4. Policy on Unsolicited Commercial Email. Provider does not authorize the use of the Web Site for purpose of gathering information for or transmitting unsolicited bulk commercial email over the Internet to third parties. Internet email sent to or through Provider’s computer systems or to third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit; the sending or attempt to send counterfeit email to or through the Provider’s computer systems is strictly prohibited. Email that is relayed to or through the Provider’s computer systems from a third party’s mail servers without permission of such third party, or which employs a similar device to hide the real source of the email is also strictly prohibited. Provider prohibits anyone from sending email to or through its computer systems that violates these Terms and Conditions of Use. Provider prohibits the harvesting of email addresses from the Web Site for the purpose of sending unsolicited bulk commercial email.

5. No Legal Advice or Attorney-Client Relationship. Information contained on or made available through the Web Site is not intended to and does not constitute legal advice (except where said advice is specifically solicited from and provided by the Provider directly to the person requesting said advice) recommendations, mediation or counselling under any circumstance and no solicitor-client relationship is formed. An unsolicited email sent to anyone connected with or employed by the Provider shall not under any circumstances initiate a solicitor-client relationship. Nothing submitted to this Web Site is treated as confidential except where it is addressed specifically and directly to a particular lawyer at Lexon Law Professional Corporation for the purposes of retaining the firm for legal services or advice. Provider does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Web Site. Provider does not warrant that information sent by email will remain confidential and secure. Your use of information on the Web Site or materials linked from the Web Site is entirely at your own risk. Provider is a law firm and the Web Site is not a Lawyer Referral Service.

6. Intellectual Property Rights. Except for the limited license contained in paragraph 3 above, nothing in these Terms and Conditions of Use grants or should be construed to grant any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Web Site and its content belong to Provider, its licensors, or Listees, as applicable. For further information, see Copyright.

7. Electronic Commerce. The content on this Web Site, including but not limited to articles and other resources and information, is for personal use only. Notwithstanding the foregoing, to the extent this Web Site provides any purchasing opportunities through electronic commerce, such buying opportunities may be made available for group as well as personal purchasing according to the particular terms thereof and so long as you are authorized to make purchases on behalf of such group.

8. No Solicitation. You shall not distribute on or through the Web Site or to any persons or entities identified via the Web Site any content or material containing solicitations or advertising of any kind without the express prior written permission of the Provider.

9. Postings. You agree not to post, publish, upload or distribute in the interactive areas on this Web Site any messages, data, information, text, graphics, links or other material (“Postings”) which are unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, provincial, federal or international law.

10. Copyright Act. Notification of Alleged Copyright Infringement. Provider reserves the right to remove any content or links that allegedly infringe another person’s copyright. Provider will terminate, in appropriate circumstances, any subscriber or user accounts that might exist with respect to Provider’s system or network who are repeat offenders of another’s copyrights. Notices to Provider regarding any alleged copyright infringement should be directed to the office of Lexon Law Professional Corporation.

11. License of Your Content to Provider. By uploading content to or submitting any materials for use on the Web Site, you grant (or warrant that the owner of such rights has expressly granted) Provider a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

12. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in any advertiser’s or sponsor’s materials.

13. Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide Provider with accurate, complete registration information. Your registration must be done using your real name and accurate information, even if the feature permits you to post a question anonymously or interact using a screen name. It is your responsibility to inform Provider of any changes to that information by emailing the Firm. Each registration is for your personal use only, unless specifically designated otherwise on the registration page. Provider does not permit (a) any other person using the registered sections under your name; or b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing the Firm.

14. Errors and Corrections. Provider does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or content of the Web Site at any time.

15. Third-Party Content. Third-party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Web Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it reflect the belief of Provider.

16. DISCLAIMER. THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

17. LIMITATION OF LIABILITY AND DAMAGES. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH (A) THE USE OF OR INABILITY TO USE THE WEB SITE OR THE CONTENT; AND (B) YOUR PARTICIPATION IN A CHAT ROOMS, MESSAGE BOARDS OR EMAIL FORUMS. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

18. Unlawful Activity. Provider reserves the right to investigate complaints or reported violations of our Terms and Conditions of Use and to take any action we deem appropriate, including but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

19. Indemnification. You are solely liable for any content, messages or other information you transmit, provide or upload to the Web Site. You agree to indemnify and hold harmless Provider from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to your violation of these Terms and Conditions of Use, your use of the Web Site, or your violation of any rights of a third party.

20. Remedies for Violations. Provider reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use, including but not limited to the right to block access from a particular Internet address to any of the Provider’s Web Sites and their features.

21. Governing Law, Jurisdiction and Non-Waiver. These Terms and Conditions of Use are governed by and construed in accordance with the laws of the Province of Ontario and any action arising out of or relating to these terms shall be filed only in Provincial or Federal courts located in Ontario and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. The failure of either party to enforce any rights hereunder shall not constitute a waiver of any terms or conditions of these Terms and Conditions of Use.

22. Privacy. Your use of the Web Site is also subject to Provider’s Privacy Policy, which you link to by clicking here: Privacy Policy.

23. Severability of Provisions. These Terms and Conditions of Use incorporate by reference all notices and disclaimers contained on the Web Site and constitute the entire agreement between you and Provider with respect to access to and use of the Web Site. If any provision of these Terms and Conditions of Use is found unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

24. Modifications to Terms of Use. Provider reserves the right to change these Terms and Conditions of Use at any time. Updated versions of the Terms and Conditions of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms and Conditions of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.

PRIVACY STATEMENT

This Firm (Lexon Law Professional Corporation) is committed to providing its visitors with a web site which respects their privacy. This page summarizes the privacy policies and practices of this Firm with respect to its www.coryamills.com/advicebylawyer.com web sites.

  1. The Firm does not automatically gather any information from you. Information is only obtained if you supply it to us.

  2. Information provided to the Firm is only used for the Firm’s internal purposes including contacting you and answering your queries as well as for the purposes of processing a credit card or other e-commerce transaction.

  3. The Firm uses software that receives and records the Internet protocol IP addresses. The Firm will not try to link these addresses with the identity of the individuals visiting its site except in cases of abuse of its site.

  4. The Firm does not use “cookies” to track our visitors.

  5. Visitor information is treated by the Firm as confidential information. Visitor information will not be disclosed to anyone without consent except as required by law, or in accordance with this privacy statement or as permitted pursuant to the Personal Information Protection and Electronic Documents Act, 2000, c.5 (“Pipeda”).

  6. The Firm will not sell the visitor information provided to it except in connection with the sale, merger or transfer of the Firm’s business. We will not give or sell the confidential information to any third party marketer.

  7. Upon request of any visitor who has provided information to the Firm and upon provision of identification satisfactory to the Firm identifying the requester as the person who supplied the information, the Firm will supply a copy of the information on its files about that person to that person for verification and correction provided that the supply of such information does not and will not affect or reveal any information which is confidential to any party and provided that the supply by the Firm of such information will not affect confidentiality with respect to which any matter the Firm is entitled to maintain as confidential pursuant to the Pipeda.

  8. Any information provided to the Firm for the purposes of obtaining legal advice or giving instructions is subject to solicitor-client privilege and shall not be shared with anyone other than the party giving this information (client), without the client’s express consent or otherwise as required by law.