Terms and Conditions of Use
Acceptance. Torkinmanes.com (the “Site”) is maintained by Torkin Manes LLP (“Torkin Manes”). The Site provides information, data, articles, publications, and other materials accessible to the general public (the “Content”). The Site is provided to you subject to your compliance with these terms and conditions of use (the “Terms”), and by accessing the Site, you agree to be bound by these Terms, which is a legal agreement between you and Torkin Manes. If you do not agree to be bound by these Terms, please do not access or use the Site. Torkin Manes may revise these Terms at any time without notice, and use of the Site after such changes are posted will signify your acceptance of the revised Terms.
Not Legal Advice. The Content should not be taken as legal advice. The Content is made available on the Site for informational purposes only, and is current as of its original date of publication. Content should not be relied upon as accurate, timely, or fit for any particular purpose. You should not rely on, or take or fail to take any action based on the Content. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on the Site. Torkin Manes’ professionals are always pleased to discuss resolutions to specific legal concerns you may have.
No Lawyer-Client Relationship. The Content or your access, use of or reliance upon the Content does not create a lawyer-client relationship between you and Torkin Manes, or between you and any of Torkin Manes’ professionals. Your use of the Site may include access to or communications with Torkin Manes’ professionals by way of email transmissions or otherwise. Receipt of such communications by any Torkin Manes’ professional does not create a lawyer-client relationship. Please also note that any information sent or received over the Internet is generally not secure. Torkin Manes cannot guarantee the security or privacy of any communication (in any form) to the Site.
Communications Not Confidential. Torkin Manes does not guarantee the confidentiality of any communications made by you via email or otherwise through the Site and cannot guarantee that any such communications are protected by solicitor-client privilege. If you wish to provide information of a confidential or sensitive nature to one of the members of our firm, please contact them directly by telephone.
Ownership of Content. All Content, including but not limited to designs, text, graphics, software, artwork, videos, photos, trademarks, logos, and other marks displayed on the Site are owned by Torkin Manes and its licensors, or the party accredited as the provider of the Content, and are protected by copyright, trademark, and other intellectual property laws and treaty provisions. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Site or of the Content, whether in whole or in part, is prohibited without the express prior written consent of Torkin Manes.
No Unlawful Or Prohibited Use and Limited Licence. You agree that you will not, without prior written permission, use the Site and Content for purposes other than your own personal non-commercial use and benefit. You agree that you will not use the Site for any purpose that is unlawful. Subject to these Terms, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Site for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
Links and Third Party Sites. The Site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Torkin Manes of the contents of such third-party web sites. Torkin Manes does not guarantee the quality, accuracy, reliability, completeness, currency, timeliness, security, non-infringement, merchantability or fitness for any use or purpose of any third-party web site, nor does it make any representation, condition, or warranty about same. Torkin Manes is not responsible for and does not control the content of any third-party web site, and if you choose to access any such web site, you do so at your own risk.
Security. Any information sent or received over the Internet is generally not secure. Torkin Manes cannot guarantee security of any communication to or from the Site. Torkin Manes does not assume any responsibility or risk for your use of the Internet.
Privacy Policy. Torkin Manes will treat any personal information that you submit through the Site in accordance with its Privacy Policy, which describes Torkin Manes’ privacy policies and practices in detail, as such policy may be amended from time to time by Torkin Manes. Torkin Manes advises you to check the Privacy Policy on a frequent basis for changes. You hereby consent to the collection, use and disclosure of any personal information provided to Torkin Manes in accordance with the terms and for the limited purposes set forth in the Privacy Policy. You also understand and agree that Torkin Manes’ Privacy Policy is applicable only while you are using the Site. Once you are linked to another web site, you should read the privacy policy of that web site before disclosing any personal information.
Disclaimer and Limitation of Liability. The Site and Content is provided on an "as is" and “as available” basis, without any warranty or condition of any kind, either express or implied. Torkin Manes expressly disclaims all warranties and conditions, including any implied warranties of security, accuracy, reliability, accessibility, merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Site and Content, to the fullest extent permissible under applicable law. Torkin Manes makes no representations or warranties that the Site will be free from viruses, malware, worms or other harmful components. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE AND THE CONTENT, IF APPLICABLE, ENTIRELY AT YOUR OWN RISK AND LIABILITY.
Subject to applicable law, in no event shall Torkin Manes, or its partners, employees, consultants, agents, or licensors (“Torkin Manes Released Parties”) be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Site or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Torkin Manes knew of or ought to have known of the possibility of such damages.
Release and Indemnity. You hereby agree to release each of the Torkin Manes Released Parties from, and in no event shall any or all of the Torkin Manes Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Site (including any breach by you thereof), the Content or otherwise relating to these Terms and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Site. You will indemnify and hold each of the Torkin Manes Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site, the Content or otherwise relating to these Terms (including any breach by you thereof). You will also indemnify and hold the Torkin Manes Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Site.
Governing Law and Jurisdiction. The Site is operated by Torkin Manes from its offices within the Province of Ontario, Canada. By accessing or using the Site, you agree that all matters relating to your access or use of the Site and Content or to these Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein excluding any conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Site or these Terms.
Termination. Torkin Manes may, in its sole discretion, cancel or terminate your right to use the Site, or any part of the Site, including the Content, at any time without notice. In the event of termination, you are no longer authorized to access the Site or the part of the Site affected by such termination. The restrictions imposed on you with respect to both Content and the Site set out in these Terms shall survive. Torkin Manes shall not be liable to any party for such termination.
General. Except for any agreement in respect of Content or any supplemental terms as may be unavailable on the Site, this is the entire agreement between you and Torkin Manes relating to your access and use of the Site and Content. If any term or provision of these Terms 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. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Torkin Manes will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Torkin Manes. No delay or omission by Torkin Manes in exercising its rights or remedies will impair or be construed as a waiver of Torkin Manes’ right to such rights or remedies at any time, and any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The headings used in these Terms are included for convenience only and have no legal or contractual effect.
Copyright and Trade-Mark Notices. © Torkin Manes LLP. All rights reserved. Except for the limited rights contained herein, no part of the Site or Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted, or circulated in any form without the prior written permission of Torkin Manes, except subject to these Terms. All copies of Content must include this copyright notice.
Please contact ajanzen@torkinmanes.com to request consent from Torkin Manes to reproduce the Site in any way.
Torkin Manes LLP is either a registered trade-mark or trade-mark of Torkin Manes in Canada and/or other countries.