Website Terms of Use
Oziel Medina LLP (“Oziel Law”, “Firm”, “we”, “us” and terms of similar meaning) provides the www.oziellaw.ca website (the “Site”) and the articles, blog entries, materials, data, and other information including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement set out on the Site (the “Content”) to you subject to these terms of use (these “Terms”). These Terms constitute a legal agreement and are entered into by and between you and us. These Terms, together with any documents and/or additional terms they expressly incorporate by reference, govern your access to and use, including any content, and functionality offered on or through the Site. In these Terms we describe users of the Site as “Users”.
Please read these Terms carefully before using the Site. By accessing, using, or browsing the Site you agree to be legally bound by these Terms and all terms, agreements, policies, and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you must not access or use the Site.
Oziel Law reserves the right to change or modify any of the terms and conditions contained in these Terms, or any license, policy, or guideline of the Site, at any time and in its sole discretion. If we do so, we will post a conspicuous notice on the Site. If you do not agree with the changes, please do not use the Site. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies, documents, and licenses (as applicable) incorporated in them to understand the terms and conditions that apply to your use of the Site. If you have any questions about the Terms, please email us at the contact address below.
1. Privacy Policy
Please refer to our privacy policy, available here (the “Privacy Policy”) for information on how we collect, use, and disclose personally identifiable information from Users of the Site. By using the Site, you agree to our use, collection, and disclosure of personally identifiable information in accordance with the Privacy Policy.
2. Ownership, Copyright and Trademarks
Oziel Law and the Oziel Law logo are trademarks of Oziel Law. All intellectual property rights in the Content are owned by us or others who have permitted us to display content owned by them. You may view the Content and print or save one copy of any portion of the Content for personal, non-commercial use provided that you do not modify the Site, the Content, or any copyright or other proprietary notices on any Content. The Content is protected by law, including but not limited to, Canadian copyright law and international treaties, trademarks, trade dress and/or other proprietary rights. Except for the limited rights granted above, all other rights are reserved.
3. Our Limited License of Content to You
The Content includes content drafted and uploaded to the Site at a point in time and therefore, is not intended to be legal advice or an opinion of any kind. If you require legal advice, we advise you to seek specific legal advice from a lawyer. Do not act, or fail to act, as a result of any information contained in the Content without seeking legal advice.
We grant you a limited, revocable, non-exclusive, non-sublicensable license to access and view the Site and the Content available to you on the Site. You are not permitted to modify, delete, or alter the Site or Content available on the Site, nor any copyright, trademark, or other proprietary rights notices from copies of materials or Content from the Site.
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, in any form or medium whatsoever except:
(a) your computer and browser may temporarily store, or cache copies of materials being accessed and viewed; and
(b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.
Except as expressly permitted above, any use of any portion of the Content or the Site without the prior written permission of Oziel Law is strictly prohibited and will terminate the license granted in this Section, this Agreement, and your use of the Site. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by us at any time.
You represent and warrant that your use of the Site and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact us at the address set out at the bottom of these Terms.
4. Retaining Oziel Law
Accessing or using the Site does not mean that Oziel Law is acting on your or your company’s behalf. Similarly, sending an email, fax, or letter to any member of the Firm does not mean that Oziel Law is acting on your or your company’s behalf. Individuals and/or companies do not become clients of Oziel Law unless and until the Firm agrees to provide representation and that representation will be confirmed in a retainer agreement, retainer letter, or other written communication from the Firm.
Unless you are an existing client of Oziel Law, no information provided in an email, fax, or letter to any member of the Firm will be considered confidential. Any information which you wish to be confidential, should not be sent without a prior written agreement to that effect.
5. Restrictions
You are prohibited from attempting to circumvent and from violating the security of this Site, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching any security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Site owner’s ability to monitor the Site; (f) using any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Site.
6. Links to Other Sites
The Site may contain links to third-party web sites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites and any Third-Party Content provided there at your own risk. We do not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption, or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, Third-Party Content, Third-Party Sites, or web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including, without limitation, privacy and data gathering practices, of any Third-Party Site, and you should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. Warranty Disclaimer
The Site AND the Content provided by the Site are provided to you on an “as is” basis without warranties from US of any kind, either express or implied. WE expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, TITLE, and non-infringement. WE do not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.
While WE attempt to make your access to and use of the Site safe, WE do not represent or warrant that the Site or any Content are free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties, so the above limitations or exclusions may not apply to you.
8. Limitation of Liability; Indemnity
You waive and shall not assert any claims or allegations of any nature whatsoever against us, our affiliates or subsidiaries, their contractors, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site or the Content, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site. You use the Site at your own risk.
Without limitation of the foregoing, neither Oziel Law nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site or the Content, including without limitation any damages caused by or resulting from your reliance on the Site or other information obtained from us or any other Released Party or accessible via the Site or that result from mistakes, errors, omissions, interruptions, deletion of User content or other data, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Oziel Law, the Customer, any User, or any other Released Party’s records, programs or services.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Oziel Law and the other Released Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Site, including without limitation third-party sites, any use of the Site and the Content, other than as expressly authorized in these Terms, and your violation of the rights of any third party.
9. Communications
Notices will be posted on areas of the Site that are suitable to the notice. It is your responsibility to periodically review the Site for notices.
10. Applicable Law and Venue
The Site is controlled by us and operated by us from offices in Toronto, Ontario. You and Oziel Law both benefit from establishing a predictable legal environment in regards to the Site. Therefore, you and Oziel Law explicitly agree that all disputes, claims, or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
If you choose to access the Site from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify us and the other Released Parties for your failure to comply with any such laws.
11. Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Terms, we reserve the right, in our sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or Content; (c) change, suspend or discontinue any aspect of the Site or Content; and (d) impose limits on the Site or Content.
12. Survival
We may terminate these Terms and your use of the Site at any time. If these Terms expire or terminate for any reason, Sections 3 (Ownership, Copyright and Trademarks), 8 (Warranty Disclaimer), 9 (Limitation of Liability; Indemnity), 10 (Communications), 11 (Applicable Law and Venue), 12 (Termination/Modification of License and Site Offerings) and 14 (Miscellaneous), and any representation or warranty you make in these Terms, shall also survive indefinitely.
13. Miscellaneous
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. We may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Oziel Law, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and Oziel Law regarding your use of the Site, and supersede all prior or contemporaneous communications whether electronic, oral, or written between you and Oziel Law regarding your use of the Site. The parties confirm that it is their wish that these Terms, as well as any other documents relating to these Terms, including notices, have been and shall be drawn up in the English language only.