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Terms Of Use

Terms and Conditions

WELCOME

AccessPrivacy (“AccessPrivacy”, “we”, “us”, “our”) welcomes you to our website and electronic subscription service available at www.accessprivacy.ca (collectively, the “Website”). The following terms of use (“Terms of Use”) govern your use of the Website. Please read the Terms of Use before using or subscribing to the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein.  If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by AccessPrivacy.  Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to AccessPrivacy, its affiliates and/or third-party licensors.  The Content is protected by Canadian and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of AccessPrivacy. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite AccessPrivacy as the source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of AccessPrivacy. To obtain written consent for such reproduction, please contact us at info@accessprivacy.ca.

NO LEGAL ADVICE

The material and information available on this Website is intended for educational and informational purposes only and does not constitute legal or other advice. Use of this Website does not replace consultations with a qualified legal professional, and as such, you should not rely upon the information provided herein as advice. Please consult one of the lawyers at Osler, Hoskin & Harcourt LLP (or your own legal counsel) for specific recommendations.

In addition, the information made available on this Website changes rapidly and therefore, some of said information may be out of date. You agree to bear all risk associated with the use of, or reliance on, any such information.

LAWYER-CLIENT RELATIONSHIP NOT CREATED

Your use of or access to this Website does not create a lawyer‑client relationship.  Your use of this Website may facilitate access to or communications with one or more lawyers at AccessPrivacy by way of email transmissions or otherwise via this Website.  Receipt of any such communications or transmissions by any lawyer or other member of AccessPrivacy does not create a lawyer‑client relationship.

LINKING

It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from AccessPrivacy and that AccessPrivacy has no control over the content of such websites.  Consequently, AccessPrivacy cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

We welcome any feedback that you may have concerning the external links that we have placed on our Website.

PRIVACY

AccessPrivacy respects your right to privacy of your personal information.  Please review our Website Privacy Statement http://www.accessprivacy.com/Privacy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep accurate as much as possible the content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, THIS SITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AccessPrivacy DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  AccessPrivacy DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

IN NO EVENT SHALL AccessPrivacy BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR SERVICES, EVEN IF AccessPrivacy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold harmless AccessPrivacy, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any content you (or anyone acting under your password or user name) submit, post, transmit or make available on the Website and/or (b) your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.

CHANGES AND TERMINATION

AccessPrivacy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. If we discontinue the Website we will offer subscribers to the Service a pro rata reimbursement of their paid subscription fee. Further, AccessPrivacy reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from AccessPrivacy to you for so being bound.

APPLICABLE LAWS

These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and AccessPrivacy with respect to the use of the Website, including the Content.

NOTICE

Notices to you may be made via email or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

ADDITIONAL TERMS FOR SUBSCRIBERS

The following Terms of Use apply to individuals who subscribe to the AccessPrivacy electronic subscription service (the “Service”).

User names and passwords: When you subscribe to AccessPrivacy, you will receive an email containing your User ID and a password. We encourage you to create a new password by selecting “Edit Profile” from the navigation bar you will see after you log in. If there is more than one user of your subscription, one person should be assigned as the administrator. The administrator has access to the profile of each user and can assign or change individual passwords as required.

Each user is responsible for maintaining the confidentiality of their password and we strongly recommend that you do not disclose your password to anyone. You are also responsible for ensuring that all use of the Service under your user name and password  complies with these Terms of Use. You must notify us if you become aware of a potential breach of security, such as unauthorized disclosure of your user name and password.

Subscription Fees: Annual subscriptions are available on a per office location basis.  The types of subscriptions and fees are explained on the subscription sign-up page. You will be charged the full amount of your subscription on the date your Service subscription is activated, and a copy of the receipt will be mailed to the address entered in the subscriber information field.

Renewal: Your subscription will not automatically renew after the one year subscription period, however, we will send you a renewal notice prior to the expiry of your subscription period indicating how you may renew your account.

Risk Free Examination: You may be entitled to a 7 day risk-free examination of our Service. Full pre-payment is required. The examination is for 7 calendar days and notice of cancellation must be provided in writing by the 7th day to info@accessprivacy.ca.

Payment Method: Payment is accepted by major credit card or cheque. If you pay by credit card, you agree that AccessPrivacy may charge the subscription fee and other charges payable to AccessPrivacy, including applicable taxes, to your credit card. AccessPrivacy not be responsible for any charges incurred as a result of overdrawing your bank account or exceeding your credit limit.

Account Information: In order to receive access to the Service, you agree to provide current, complete and accurate information and to promptly update all account information to keep your account current, complete and accurate. You may change or update your personal information by clicking on “Edit Profile” after you log in to your account. You must notify us of any change in the billing address, credit card number and expiration date or if your credit card is cancelled.

Language: It is the express wish of the parties that these Terms of Use be drafted in English.  Les Parties aux présentes ont expressément demandé que ces modalites d’utilisation du Site Web soient rédigés en anglais.

If you have any questions or comments regarding these Terms of Use please contact us at info@accessprivacy.ca.

Copyright ©2014 Osler, Hoskin & Harcourt LLP.  All rights reserved.

Last updated February 20, 2014