User Agreement
Terms Of Use Agreement for CDLPA Information Exchange Platform
Acceptance of Terms of Use
PLEASE READ ALL THE TERMS AND CONDITIONS CAREFULLY. The County and District Law Presidents’ Association owns and operates this website, located at http://www.cdlpa.org (the “website”). This Terms of Use Agreement (the “Agreement”) sets forth the terms and conditions upon which you may access and use the website. By accessing and using the website you hereby accept to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the website. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF The County and District Law Presidents’ Association IN OPERATING THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. The County and District Law Presidents’ Association may revise this Agreement at any time by updating this posting. Use of the website after such changes are posted signifies your acceptance of the revised Agreement. You should visit this page periodically to review this Agreement.
Ownership
All materials displayed or otherwise accessible through the website, except for certain external links to third-party websites, but including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws and are owned by The County and District Law Presidents’ Association, its licensors or the party accredited as the provider of the Content. In addition, the website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the website. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION.
Disclaimer or Warranties
THE WEBSITE AND ALL CONTENT IS PROVIDED ON AN AS IS BASIS. BY ACCESSING AND USING THE WEBSITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY: (I) THAT THE WEBSITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE OR NOT INTERCEPTED.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE, ANY ADVERTISER OR SPONSOR OF THE WEBSITE OR ANY THIRD-PARTY OPERATING A WEBSITE ACCESSED FROM A LINK ON THE WEBSITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM: (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEBSITE LINKED TO OR FROM THE WEBSITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEBSITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEBSITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE THE COUNTY AND DISTRICT LAW PRESIDENTS’ ASSOCIATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR BY THIRD PARTIES THROUGH THE WEBSITE.
No Advice
The information contained on the website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you and you should not rely upon the information to provide any such advice.
Linking
The website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by The County and District Law Presidents’ Association of the contents of such third-party websites. The County and District Law Presidents’ Association is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation: (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While The County and District Law Presidents’ Association encourages links to the website, it does not wish to be linked to or from any third-party website which: (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of The County and District Law Presidents’ Association or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. The County and District Law Presidents’ Association reserves the right to prohibit or refuse to accept any link to the website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the website upon the request of The County and District Law Presidents’ Association.
Indemnity
You agree to indemnify, defend and hold harmless The County and District Law Presidents’ Association and its Officers, Directors, Employees, Agents, Licensors and their respective Successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the website or any website to which the website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the website; and/or (iv) your violation of any law or regulation.
Security
Please note that information sent or received over the Internet is generally unsecure and The County and District Law Presidents’ Association cannot and does not make any representation or warranty concerning security of any communication to or from the website or any representation or warranty regarding the interception by third parties of personal or other information.
Termination
The County and District Law Presidents’ Association may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the website, (or any portion thereof). The County and District Law Presidents’ Association may also terminate your right to access and use the website, or any part of the website, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction
The website (excluding linked websites) is controlled by The County and District Law Presidents’ Association from its offices within the Province of Ontario, Canada. By accessing or using the website, you agree that all matters relating to your access to, or use of, the website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
General
Any consent by The County and District Law Presidents’ Association to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties, except for any agreements with The County and District Law Presidents’ Association that expressly reference this Agreement.