Terms & Conditions
Terms & Conditions
Ownership and Content of License
GSNH either owns the intellectual property rights or has acquired licenses in all Site content, including without limitation, all copyrights, trademarks, patents or other rights in and to all HTML and Java code, software, text, graphics, icons, videos, images and photographs, together with the selection and arrangement of such contents of the Site (collectively the “Content”). Subject to the provisions contained herein, you are granted a limited, non-transferrable, non-exclusive license to view and access the pages of this Site and to download one copy of the Content on this Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the Content (other than single copies for your own personal use);
- use the Content for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this Site;
- remove any copyright or other proprietary notations from the Content; or
- transfer the Content to another person or “mirror” the Content on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by GSNH at any time. On terminating your viewing of this Content or on the termination of this license, you must destroy any downloaded Content in your possession, whether in electronic or printed format.
The Site may contain links to other sites. These links are provided as references to help you identify and locate other Internet resources that may be of interest. These other sites were independently developed by parties other than GSNH and GSNH does not assume responsibility for the accuracy or appropriateness of the information contained at such sites. In providing links to other sites, GSNH is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to control the content of, or maintain any type of editorial control over, such sites. A link to another site should not be construed to mean that GSNH is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyrighted symbol that may be reflected in the link or the description of the link to such other sites. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service.
No Legal Advice or Warrantees
All Content on this Site is provided “as is” and GSNH makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, GSNH does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Content on this Site or otherwise relating to such materials or on any sites linked to this Site. Nothing contained on this Site shall be construed as legal advice and is intended for information purposes only. Your interaction with this Site does not constitute the establishment of a lawyer-client relationship between you and GSNH or any of our professionals. You should not rely upon or take any steps or fail to take any steps based on any information contained in this Site and any reliance on such information shall be undertaken exclusively at your own risk. GSNH invites you to contact any of its professionals directly to address any particular legal issues with which you require assistance.
Limitation of Liability
In no event shall GSNH, its partners, employees, consultants, agents, representatives or contractors (“GSNH Parties”) be liable for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of this Site or in reliance on the information available on this Site, including any loss of use, lost data, lost business profits, business interruption, personal injury or any pecuniary loss, whether the action is in contract, tort (including negligence) or other legal action (collectively, “Claims”). GSNH expressly disclaims any liability for unauthorized use or reproduction of any portion of the Site.
Release and Indemnification
You hereby release GSNH and each of the GSNH Parties from and against any and all Claims whatsoever arising from your use of the Site (including any breach by you of these Terms), the Content or otherwise in connection with any matter contemplated by these Terms. You further agree to indemnify and hold harmless GSNH and the GSNH Parties from and against any losses, judgments, costs and expenses (including legal fees) incurred as a result of any Claim arising from your use of the Site, the Content or otherwise in connection with these Terms.
GSNH may, in its sole and unfettered discretion, terminate your right to use or access this Site at any time without notice. Upon such termination, you shall immediately cease any and all use or access of this Site and GSNH shall have no liability or obligation to you in connection with any such termination.
Conformity with Laws
You agree that your use of the Site shall not violate any applicable local, federal or international law, including but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents.
The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to these Terms. If any provision of these Terms is rendered invalid or inapplicable by a court of competent jurisdiction, it shall be severed and the remaining provisions shall remain in force. You shall not assign, transfer, subcontract or part with any of your rights, duties or obligations hereunder. No waiver by GSNH of any right or remedy granted to it hereunder shall be valid unless in writing and signed by GSNH. No delay, failure or partial exercise by GSNH in exercising any rights or remedies hereunder shall be construed as a waiver by GSNH to exercise such rights or remedies and to strictly enforce compliance with these Terms.
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© Goldman Sloan Nash & Haber LLP 2011. All rights reserved.
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