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Terms of use

© 2011-2012, Gerami Law Professional Corporation (‘Gerami Law PC’). All rights reserved.

Introduction

Gerami Law Professional Corporation (‘Gerami Law PC’) maintains a web site currently located at www.geramilaw.com, which provides articles, publications, practice information and other materials. While users are welcome to browse Gerami Law PC’s website, all use of and access to it are subject to user’s compliance with the following Terms of Use.

The use of Gerami Law PC’s website constitutes the user’s agreement to be bound by all the Terms of Use set forth herein. If users do not agree to these Terms of Use, they must not access or use Gerami Law PC’s website. Their sole recourse is to leave the website immediately.

Primary Condition of Gerami Law PC’s website Use

As a primary condition of use of Gerami Law PC’s website, users represent and warrant that they will not use it for any purpose that is unlawful or prohibited by its Terms of Use.

Unauthorized Use

Users who do not fully understand or do not agree to be bound by all of the foregoing Terms of Use are not authorized to use Gerami Law PC’s website and, again, their sole recourse is to leave the website immediately.

Functionality

Gerami Law PC does not warrant that the functions on its website will be uninterrupted.

To the extent it is permitted, downloading of content from Gerami Law PC’s website or any part thereof is done at users’ own risk. Gerami Law PC cannot and does not guarantee or warrant that its website or its content are compatible with users’ computer systems, or that the website or its content will be free of viruses, worms, trojans, disabling devices, or other code that manifests contaminating or destructive properties. Users are responsible for implementing safeguards to protect the security and integrity of their computer system and they are responsible for the entire cost of any service, repairs, or connections to their computer system which may be necessary as a result of your use of Gerami Law PC’s website.

Ownership of the Website Content

The material used and displayed on Gerami Law PC’s website, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos and trade-marks are the property of Gerami Law PC, its affiliates and/or its third party licensors and are protected by copyright, trade-mark and other intellectual property laws.

Users acquire absolutely no rights or licences to Gerami Law PC’s website or its content other than the limited right to use it and its content in accordance with the present Terms of Use.

Any such content may be displayed solely for users’ personal, non-commercial use (download, print and/or reproduce), provided they agree to maintain any and all copyright or other proprietary notices contained in such content, and that they cite the URL source of such content.

Users agree not to modify, reproduce, retransmit, distribute, sell, republish, translate, broadcast, circulate any of Gerami Law PC’s website content, create derivative works based on it or its content (in whole or in part), decompile, disassemble, reverse engineer it, without the prior written permission of Gerami Law PC or the applicable third party licensor.

Reproduction of multiple copies of the website content, in whole or in part, for resale or distribution is strictly prohibited, except with the prior written permission of Gerami Law PC or the applicable third party licensor.

To obtain written consent for such reproduction, please contact Gerami Law PC at [javascript protected email address]

No Warrant or Guarantee as to Website Content

Gerami Law PC’s has made reasonable efforts to ensure that the materials contained on its website and its blog are correct, accurate and up-to-date as of their original date of publication. Nonetheless, they should not be relied upon as accurate, updated or fit for any particular purpose.

The material provided on Gerami Law PC’s website is for educational and informational purposes only and may not be used for professional or commercial purposes. It constitutes neither legal or other professional advice, nor an opinion of any kind or a substitute for legal counsel, and may not apply to the user’s situation, as legal advice must be tailored to the specific circumstances of each case.

Users of Gerami Law PC’s website should refrain from acting based solely upon its materials and are advised to seek specific qualified and professional legal advice by contacting Gerami Law PC’s members (or their own legal counsel) regarding any specific legal issues.

To the fullest extent permissible under applicable law, Gerami Law PC does not warrant or guarantee, expressly or implicitly, the accuracy, timeliness or fitness for any purpose of any information on its website. Also to the fullest extent permissible under applicable law, Gerami Law PC is not responsible or liable for the suitability, accuracy, validity or reliability of its entire website or blog for any purpose. It is the users’ responsibility and risk to, without seeking appropriate legal or other professional advice, determine whether the contents of Gerami Law PC’s website are admissible in a given judicial or administrative proceeding and whether there are any other evidentiary or filing requirements.

Third Parties’ Website Content

Gerami Law PC’s website may contain links to website of third parties. These other sites are owned and operated by third parties and therefore not affiliated or associated with Gerami Law PC, not even impliedly. As such, Gerami Law PC has no control over the content of these websites. Monitoring the vast information disseminated and accessible through those links is beyond Gerami Law PC’s resources and Gerami Law PC does not attempt to do so. If users choose to access any such website, they do so entirely at their own risk.

Links are provided for users’ convenience only and Gerami Law PC neither sponsors or endorses the information contained in linked websites nor guarantees their accuracy, timeliness or fitness for a particular purpose, whether Gerami Law PC is linked to them or not. Additionally, the links provided and the display of third parties’ trade marks on Gerami Law PC’s website do not imply that Gerami Law PC endorses the use of the owner trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such websites.

No Confidentiality or Privacy in Communications Sent Through Internet

Gerami Law PC welcomes the opportunity to communicate with users through its website, via the internet. However, as information sent or received over the internet is generally not secure, users must be advised that Gerami Law PC does not guarantee the security or confidentiality of any communications made by e-mail or otherwise through its website, via the internet.

Gerami Law PC cannot guarantee that information sent through its website, via the internet, will not be intercepted by third parties, and, thus, it cannot guarantee that any such communications are protected by lawyer-client privilege. If users chose to send confidential, personal or sensitive information via Gerami Law PC’s website, via the internet, users do so at their own risk. If users wish to provide information of a confidential, personal or sensitive nature to one of the members of Gerami Law PC, they are advised to contact the member directly by telephone or book an appointment to attend in person at Gerami Law PC’s office and talk to the member involved with the matter.

Gerami Law PC does not assume any responsibility or risk for users’ use of its website, via the internet.

No Lawyer-Client Relationship

Although clients’ use of the website may facilitate access to or communications with members of Gerami Law PC via e-mail transmissions or otherwise via the website, receipt of any such communications or transmissions by any member of Gerami Law PC does not create a lawyer-client relationship. As such, accessing or using this website does not create a lawyer-client relationship.

Privacy

Gerami Law PC respects users’ right to privacy of users’ personal information. Users are invited to review Gerami Law PC’s Privacy Policy for details on the manner in which it collects, uses, discloses and otherwise manages any of users’ personal information.

Please click here to read and review Gerami Law PC’s Privacy Policy, as such policy may be amended from time to time by Gerami Law PC.

Users agree to regularly review the Privacy Policy, including, without limitation, by checking the date of “Last Update” at the bottom of the webpage, and, if it is the case, each time a notice of change is posted.

Users hereby consent to the use of their personal information by Gerami Law PC in accordance with the terms and for the limited purposes set forth in the Privacy Policy.

Passwords

Any passwords and user ID’s used for Gerami Law PC’s website are for the individual business use only.  Users are to be responsible for the security of their password and user ID (if any).

Gerami Law PC will be entitled to monitor users’ password and user ID and, at its discretion, require users to change it.  If users use a password that Gerami Law PC considers insecure, Gerami Law PC will be entitled to require the password to be changed and/or terminate user’s account.

Users further agree not to disclose their password or user ID to any other person and Gerami Law PC will not be responsible for the unauthorized use of users’ profile by any other person and are under no obligation to confirm the actual identity of any password or user ID.

Users agree to notify Gerami Law PC immediately upon becoming aware of any known or suspected unauthorized use(s) of the their password or user ID to gain access to their profile, or any breach of security, via e-mail to [email protected], if at any time your password or user ID is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised.

Gerami Law PC cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

No Liability

To the maximum extent permitted by law, in no event shall Gerami Law PC be liable for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits, loss of savings, delay or inability to use its website, the provision of or failure to provide services, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of its website whether based on contract (including fundamental breach), tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages. The foregoing limitation shall apply even if Gerami Law PC knew of or ought to have known of the possibility of such damages. Users’ sole remedy for any claim, loss, damage, costs or expenses is to cease using Gerami Law PC’s website.

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 some users.

Indemnity

By using Gerami Law PC’s website, users agree to indemnify and hold harmless Gerami Law PC, its affiliates, members, officers, employees, agents, and/or licensors from and against any and all losses, damages, claims, fines, penalties, judgments, expenses, costs and liabilities (including reasonable legal and accounting fees), incurred by any of them due to or resulting from:

  • Any content users (or anyone acting under user ID and password) submit, post, transmit or make available on Gerami Law PC’s website (as for example, in comments about blogs); and/or,
  • User’s usage of Gerami Law PC’s website, connection thereto, or any alleged violation by users of the present Terms of Use.

By using Gerami Law PC’s website, users also agree to indemnify and hold the Gerami Law PC released parties aforementioned harmless from and against any claims brought by third parties arising out of your use of content from its website.

Use of the Terms of Use in Judicial or Administrative Proceedings

A printed version of this Terms of Use and of any notice given in electronic form shall be advisable in judicial or administrative proceedings based upon or relating to the present Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Terms Determined to Be Void, Invalid or Otherwise Unenforceable

If any of the provisions contained in the present Terms of Use are determined to be unlawful, void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall be severed and not affect the validity and enforceability of any remaining provisions contained herein.

Assignment, Conveyance, Subcontracting or Delegation

Users may not assign, convey, subcontract or delegate their rights, duties or obligations set out under the present Terms of Use.

Changes and Interruption

Gerami Law PC reserves the right at any time and from time to time to change these Terms of Use with or without notice. Gerami Law PC also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its website (or any part thereof), with or without notice. Furthermore, Gerami Law PC reserves the right to modify and/or interrupt users’ continued access to or use of its website, with or without notice.

Notice of any changes to the Terms of Use might be posted on the current screen. Users agree to regularly review the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of the webpage, and, if it is the case, each time a notice of change is posted.

These Terms of Use and any and all other legal notices or statements posted on the Gerami Law PC’s website constitute the entire agreement between users and Gerami Law PC with respect to the use of its website. Continued provision of the use of the website constitutes consideration from Gerami Law PC to users for so being bound.

Users continued use of the website will constitute agreement to abide and be bound by the Terms of Use as eventually modified and updated.

Termination

Gerami Law PC may, at its sole discretion, cancel or terminate users’ right to use its website, or any part of its website, at any time without notice.

In the event of termination, users are no longer authorized to access Gerami Law PC’s website or the part of its website affected by such cancellation or termination.

The restrictions imposed on users with respect to the content of the Gerami Law PC’s website set out in this Agreement shall survive.

Gerami Law PC shall not be liable to any party for such termination.

Waiver of Provisions

Gerami Law PC’s failure to insist upon or enforce strict performance of any provision of the present Terms of Use shall not be construed as a waiver of any provisions or right to subsequently enforce such provision or any other provisions of the present Terms of Use, unless the waiver is in writing and signed by Gerami Law PC.

Prior or Contemporaneous Communications and Proposals

The present Terms of Use, including any documents referenced herein, constitute the entire agreement between Gerami Law PC and users pertaining to the subject matter hereof and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between users and Gerami Law PC with respect to its website.

Governing Law and Jurisdiction

Gerami Law PC’s website is operated by Gerami Law PC from its office within the Province of Ontario, Canada. Thus, the present Terms of Use and all matters relating to users’ access to, or use of, the Gerami Law PC’s website and its content shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Ottawa, Province of Ontario.

Language

The parties expressly request and require that the present Terms of Use and any related documents be drawn up solely in the English language.

Les parties aux présentes convient et exigent que le présent Termes d’Utilisation et tous les documents qui s’y rattachent soient rédigés en anglais seulement.

Final Notice

The headings used in the present Terms of Use are included for convenience only and have no legal or contractual effect.

If you have any questions or comments regarding the present Terms of Use please contact Gerami Law PC at [javascript protected email address].

Last update

This Terms of Use is in effect as amended as of December 3, 2012.