General Terms and Conditions of Use of the Canadian Technology Law Association Site

The cantechlaw.ca Web Site (the "Site") is operated and owned by the Canadian Technology Law Association ( "CAN-TECH Law"). This document states the General Terms and Conditions of Use under which you may use the Site.

Acceptance

By accessing the Site, you acknowledge that you have read and agree to be bound by and to comply with these General Terms and Conditions without limitation or qualification. If you do not agree, without limitation or qualification, to be bound by and to comply with these General Terms and Conditions, you must not access or use the site.
Changes

CAN-TECH Law may revise these General Terms and Conditions at any time by updating this posting. Use of the Site after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review the General Terms and Conditions because they are binding on you.
Changes to site

CAN-TECH Law may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including:
1. changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Site
2. adding, removing or changing any fees or charges for Use of the Site or any other Site-related services (the "Services") or any features thereof;
3. removing, adding, modifying or otherwise changing any Materials on this Site. CAN-TECH Law reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
Services of Site

The Site currently provides certain services (in each case, a "Website Service"), including:
1. information about CAN-TECH Law, membership, conferences and forums;
2. registration and payment for membership and conferences offered by CAN-TECH Law;
3. links to other websites which CAN-TECH Law believes may provide information of benefit to users of this Site; and access to CAN-TECH Law Newsletters.
Permitted Uses

You agree to only use the Site for lawful purposes, and to only send content and receive Materials that are proper and related to the particular Website Service, and CAN-TECH Law (subject to the General Terms and Conditions herein) grants you a Canadian, non-exclusive, non-transferable, non-sub-licenseable, revocable, limited license, to access, view and use the Site including the Materials for your personal, non-commercial use, and you are granted the right to download, store and print single copies of items comprising the Materials for your personal, non-commercial use.

You may not, nor may you allow others to, directly or indirectly:
1. remove, from any copy of the Materials, the copyright or other proprietary notices contained in the Materials; sell, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Materials for any public, commercial, or non-educational or non-personal purpose, including without limitation use of the Materials on any other website; or transfer any of the Materials to any other person without the prior written consent of CAN-TECH Law;
2. use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site's infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part);
3. use or attempt to use another's account, password, or other information in connection with this Site without prior written authorization from CAN-TECH Law; create or use a false identity on this Site, or impersonate any person or entity, including without limitation a CAN-TECH Law employee or agent, or otherwise misrepresent your affiliation with any person or entity; or attempt to obtain unauthorized access to this Site; provide CAN-TECH Law with an e-mail address that you do not own, for which you do not have the express permission of the owner to register, or which is the customer service e-mail address for your business; or send to this Site any incomplete, false or inaccurate information, including without limitation incomplete, false or inaccurate contact information;
4. disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any services thereof; transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass email; delete or revise any Materials posted by any other person or entity; or harvest or otherwise collect information about others including e-mail addresses, except for the sole stated purpose of the particular Website Service, without their consent and without complying with the requirements of applicable privacy legislation;
5. post notices or advertisements, commercial or otherwise or solicit business from users of the Site, including without limitation posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, or requires recruitment of other members, sub-distributors or sub-agents; or
6. post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
CAN-TECH Law reserves the right to terminate or suspend your access to all or part of the Site immediately and at any time for any or no reason, including any violation of these Terms.
Registration and Password

You are responsible for maintaining the confidentiality of your registration information, (including without limitation and as applicable, any login or password) and for all uses of your registration information, whether or not authorized by you. You agree to immediately notify CAN-TECH Law of any unauthorized use of your registration information or of any other breach of security of which you are aware.
Intellectual Property Rights
1. This Site, including without limitation all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Any software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of CAN-TECH Law or its licensors. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
2. Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation IT-Can.ca, Canadian IT Law Association, and CAN-TECH Law, may constitute trade-marks, trade names, trade dress or associated products and services of CAN-TECH Law or its affiliates (the "Marks"), which are protected in Canada and their display on this Site does not convey or create any licence or other rights in the Marks. Any use of any of same, in whole or in part, without prior written authorization of CAN-TECH Law is strictly prohibited.
3. Other trade-marks, trade names, trade dress and associated products and services mentioned on this Site may be the trademarks of their respective owners. The display of these trade-marks, trade names, trade dress and associated products and services on this Site does not convey or create any licence or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
User Submissions; Ownership of Materials

On the Site, you may have the opportunity to upload textual and/or graphical content ("User Submissions"). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that
1. you will not submit material that is contrary to the stated purpose of the Site, or is contrary to applicable local, national, and international laws and regulations;
2. you own or have the necessary licenses, rights, consents, and permissions to use, and in turn authorize CAN-TECH Law to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these General Terms and Conditions; and
3. you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CAN-TECH Law all of the license rights granted herein.
Absent an express agreement to the contrary, you retain all of your ownership rights in your Materials. However, by submitting User Submissions to the Site, you hereby grant CAN-TECH Law a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of and display, the User Submissions in connection with the Site and CAN-TECH Law’s business. You also hereby grant each registered user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, and display such User Submissions as permitted through the functionality of the Site and under these General Terms and Conditions.

CAN-TECH Law does not want you to, and you should not, send any confidential or proprietary information to CAN-TECH Law via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to CAN-TECH Law will not be considered confidential or proprietary. By providing any such information or materials to CAN-TECH Law, you grant to CAN-TECH Law an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials.
Links and Disclaimers of Linked Sites

Certain links on this Site may take you to other websites. CAN-TECH Law provides these links only as a convenience. These linked sites are not necessarily under the control of CAN-TECH Law. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

CAN-TECH Law is not responsible for the contents of any such linked pages or any other pages not under its control. CAN-TECH Law makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the products or services appearing, available or described thereon. Links do not imply that CAN-TECH Law sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of CAN-TECH Law.
Link Conditions

CAN-TECH Law welcomes links to this Site. However, you agree that if you want to link to this Site, the linked website shall not:
1. change in any material way the nature and features of such website from that described to CAN-TECH Law in the written notice provided to CAN-TECH Law prior to the establishment of the link;
2. create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
3. imply that CAN-TECH Law is endorsing you or any other person, or your or such other person's products or services;
4. imply an affiliation between you or any other person, or your or such other person's products or services, and CAN-TECH Law without the prior written consent of CAN-TECH Law;
5. misrepresent the relationship of you or any other person with CAN-TECH Law or present false, misleading or otherwise damaging information or impressions about CAN-TECH Law or any of its products or services; and contain materials that may be interpreted as unlawful, harmful, distasteful, offensive, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious, or that infringes or violates any third party's copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law and shall be appropriate for all age groups.
Privacy Policy

Any of your personal information which CAN-TECH Law collects via this Site is subject to the CAN-TECH Law Privacy Policy, which is incorporated by reference into the General Terms and Conditions.
1. any communications sent by or to you via this Site or otherwise to CAN-TECH Law (including without limitation Content) are on a non-confidential basis, and CAN-TECH Law is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose;
2. CAN-TECH Law shall be free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services;
3. you agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract); and you hereby waive the right to receive any financial or other consideration in connection with such communication, including without limitation acknowledgement of you as the source of such communications.
User Communications

Except as otherwise agreed in writing with you (for example, in the case of Material for which you have executed a release permitting the use and production of such Material by CAN-TECH Law which shall be governed by the terms of such release), and subject to any applicable law and the requirements of the CAN-TECH Law Privacy Policy:
1. CAN-TECH Law does not, without limitation, make such efforts with respect to Content provided by third parties (e.g. legal updates or papers); and such Content should not be relied on as legal advice.
2. CAN-TECH Law makes no representation or warranty of any kind regarding the Site, the Materials, and each Website Service, including without limitation as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials or any Website Service;
3. that you will be solely responsible for any Content you provide the Site or otherwise provide to CAN-TECH Law, including without limitation for its truthfulness and accuracy; and that the Site, the Materials, and each Website Service are provided on an "AS IS" basis; and that any use of or reliance on this Site or any Materials shall be at your sole risk.
Limitation of Warranties And Disclaimer:

The Materials and Services are provided for educational or informational purposes only and are not intended to provide legal, accounting or tax advice and should not be relied upon in that respect. You should not act or rely on any information on this Site without seeking the advice of a professional. Any opinion, advice, article, publication, statement, service, offer, or other information or content expressed or made available on this Site or on any site linked to this Site, is that of the respective author or distributor and not of the CAN-TECH Law. The CAN-TECH Law assumes no obligation to update the Materials, advise on further developments concerning topics mentioned or update the functionality of the Services. The information contained on this Site may contain typographical errors. The Materials and Services may be changed without notice.

THE MATERIALS AND SERVICES CONTAINED IN THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. FURTHER, NO REPRESENTATIONS OR WARRANTIES ARE MADE CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS OR SERVICES, OR OF ANY INFORMATION CONTAINED IN ANY SITE LINKED TO THIS SITE. THE CAN-TECH Law DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, ANY SITE LINKED TO THIS SITE OR TO THE AVAILABILITY OF INTERNET E-MAIL LINKS PROVIDED ON THE SITE. IN NO EVENT SHALL THE CAN-TECH Law, ITS OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES OR INTERNET SERVICE PROVIDER(S) (COLLECTIVELY "ITS REPRESENTATIVES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE CAN-TECH Law OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE.
Limitation of Liability

YOU AGREE THAT IN NO EVENT WILL CAN-TECH Law, ANY OF ITS AFFILIATES OR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE MATERIALS, ANY CONTENT OR ANY LINKED WEBSITE, OR FAILURE OF SUCH WEBSITES, (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEBSITES, MATERIALS OR CONTENT, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEBSITES) EVEN IF CAN-TECH Law OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
Indemnity

You agree to defend, indemnify and hold harmless each of CAN-TECH Law, its affiliates, and each of their directors, officers, employees, contractors and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging to result or resulting from your use of the Site and the Materials in breach of the General Terms and Conditions.
Choice of law

This Site is controlled, operated and administered by CAN-TECH Law from within the Province of Ontario, Canada. By accessing this Site, you agree that all matters relating to the access to, or use of, this site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Arbitration

Any and all disputes arising out of the use of this Site will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, each party may pursue remedies, including injunctive or other equitable relief, through the courts, in which circumstance the parties hereby agree to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
General

The General Terms and Conditions constitute the entire agreement between CAN-TECH Law and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between CAN-TECH Law or its affiliates and you with respect to this subject matter. Any cause of action you may have with respect to your use of this Site or which is the subject of the General Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the General Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the General Terms and Conditions, and the remainder of the General Terms and Conditions shall continue in full force and effect. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and CAN-TECH Law. CAN-TECH Law's failure to insist upon or enforce strict performance of any provision of the General Terms and Conditions or any right shall not be construed as a waiver of any such provision or right.
Additional Terms of Use

Certain areas of this Site may be subject to additional terms of use, all of which are incorporated by reference into the General Terms and Conditions. You agree that by using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Questions on General Terms and Conditions

Should you have any questions regarding these General Terms and Conditions, you may contact CAN-TECH Law at contact@cantechlaw.ca.

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Canadian Technology Law Association

1-189 Queen Street East

Toronto, ON M5A 1S2

contact@cantechlaw.ca