Introduction and Acceptance of Terms of Use. www.swhlaw.ca (“the site”) offers you a wide range of content, communication tools, forums, and information about its products and services (“Materials”) via this web site. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below (“Terms of Use”), which may be updated at any time without notice or penalty. You should visit this page periodically to review the then-current Terms of Use. Please note that www.swhlaw.ca may, at its sole discretion, terminate your access to this website at any time without notice. If you do not agree to these Terms of Use, do not use the site.
Limited Right to Use. This web site is owned and operated by Brian Starkman, Robert Wulkan and David Holmes (“the owners”). Unless otherwise specified, all Materials on this web site are the property of the owners and are protected by the copyright laws of Canada and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published on the site, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from the owners of www.swhlaw.ca. The use of any such Materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.
Communications. Except as specified in our Privacy Statement, all communications from you to this web site will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our organization, products or services that you communicate to the owners will be deemed, at the time of communication to be the property of the owners who shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such communications in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this website to distribute, link to or solicit content that is defamatory, harassing, unlawful, libellous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights. The owners cannot guarantee the confidentiality of any electronic communication or that such communication would be protected by solicitor/client or any other form of privilege. Information sent electronically is done at your own risk. The owners are not responsible for any damages arising as a result of the transmission of confidential information via electronic means between you and the owners or any information sent from the owners to you.
Links to Other Sites. The site contains links to other websites on the Internet. These websites are not under the control of the owners and are operated independently by other parties. The owners have not conducted a detailed review of all sites linked to and are not responsible for the content of any linked site or any link contained in a linked site. The owners reserve the right to terminate any link at any time. The owners may provide links from the site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third-party sites linked to this website, you do this entirely at your own risk. The owners DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
Trademarks. The trademarks, service marks and logos of www.swhlaw.ca and others used in this website (“Trademarks”) are the property of their respective owners. You have no right to use any such Trademarks, and nothing contained in this web site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of the respective owners.
Indemnity. You agree to indemnify, defend and hold the owners harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney’s fees and costs) arising out of, based on or in connection with your access and/or use of the site.
Limitation of Liability. IN NO EVENT SHALL THE OWNERS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF THE OWNERS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer. The owners assume no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on the site. You should not assume that the Materials on the web site are continuously updated or otherwise contain current information. The owners are not responsible for supplying content or materials from the site that have expired or have been removed. THE MATERIALS PROVIDED AT THIS WEB SITE ARE PROVIDED “AS IS” AND ANY WARRANTY (EXPRESS OR IMPLIED), CONDITION OR OTHER TERM OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE IS HEREBY EXCLUDED. The Materials provided on the site are not intended to, and do not constitute, legal advice and should never be relied upon as such. Accessing the site or Material posted on the site, or communicating with a lawyer or any other person through the site or by e-mail does not create a solicitor/client or any other professional/client or fiduciary relationship. All users of the site should seek professional legal advice and not rely on the Materials posted on the site.
Local Compliance. You acknowledge that your use of the site is voluntary and that you are solely responsible for compliance with any local, national or international laws and regulations.
Applicable Laws. By accessing the site, you agree that the laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of these Terms of Use or any other agreement posted on the site notwithstanding any conflict of laws provisions or your domicile, residence or physical location. You and the owners hereby consent and submit to the exclusive jurisdiction of the Superior Court of the Province of Ontario in any action or proceeding instituted or related to the site.