Terms of Use

Your Agreement to Terms of Use. This website (this "Site") is owned and operated by Zemel van Kampen LLP ("ZVK"). This Site provides profiles on professionals, articles, publications, information, events, data, and other materials (the "Content"). This Site is made available to you subject to your compliance with these terms and conditions of use and the terms and conditions of the ZVK Privacy Statement (collectively, the "Terms"). By accessing or using this Site, you agree to be bound by, and comply with, the Terms and represent that you understand and can agree to the Terms. If you do not agree to be bound by, and comply with, the Terms, you are not permitted to access or use this Site.

Modifications. ZVK reserves the right to modify the Terms at any time. You should review the Terms regularly. By accessing or using this Site after any such modifications, you agree to be bound by, and comply with, the Terms then posted. If any modification is not acceptable to you, you must cease accessing and using this Site.

No Lawyer-Client or Other Relationship Created. Your access to, or use of, this Site does not create a lawyer-client, other professional-client or fiduciary relationship. Your use of this Site may facilitate access to, or communications with, partners, employees, and consultants of ZVK ("ZVK Personnel") by way of email or otherwise via this Site. The receipt of any such communications by ZVK Personnel does not create a lawyer-client, other professional-client or fiduciary relationship. This Site or the availability of the Content does not suggest that any ZVK Personnel practises professionally in any jurisdiction other than in which he or she is qualified.

Legal Advice Not Provided. The Content does not constitute legal or other professional advice. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose, without receiving advice from a lawyer or other relevant professional. You should seek specific legal advice by contacting a ZVK Personnel or your own legal counsel in relation to your specific legal issues. No one should act, or not act, on the sole basis of the Content.

Currency of Content. The Content is provided solely for informational purposes. The Content is current as of the date of first publication but may no longer be accurate as a result of the passage of time, changes in the law or subsequent court decisions.

Communications Not Confidential. ZVK does not guarantee the confidentiality of any communications made by you via email or otherwise through this Site and cannot guarantee that any such communication is protected by solicitor-client or any other professional privilege. If you wish to provide information of a confidential or sensitive nature to ZVK Personnel, please contact a lawyer or other professional directly by telephone.

Permitted Uses. You may access and use this Site and the Content only in accordance with all applicable laws and the Terms. Subject to the Terms, ZVK grants to you a non-exclusive, non-transferable, and revocable licence to access and use this Site and the Content only to display and save on your own computer, download and print a copy of the Content for your use, provided that the Content is not modified ("Permitted Uses"). By accessing or using this Site or the Content, or by displaying, saving, downloading or printing a copy of any Content, you do not acquire any other right or licence to this Site or the Content.

Linking. Where you provide a link to this Site from another website, ZVK reserves the right to require you to disable such link.  This Site may, for convenience, provide links to websites of other parties. The content in any website to which this Site provides a link is not provided by, or under the control of, ZVK, and if you choose to access any such website, you do so entirely at your own risk. Neither ZVK nor any ZVK Personnel endorses or republishes any content contained on any website that links to, or may be linked from, this Site or provides any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such website or the content thereon.

Prohibited Activities. You may not access this Site or use this Site or the Content in any way or for any purpose that is unlawful. Without the prior written consent of ZVK, you may not access this Site or use this Site or the Content for any purpose that is outside the scope of the Permitted Uses, or that violates the rights of ZVK, any ZVK Personnel or any other person. Without limiting the foregoing, without such consent, you may not engage in, or perform, directly or indirectly, any of the following activities with this Site or the Content or any portion thereof:

  • making available, distributing, displaying, posting, disseminating, publishing, republishing, re-transmitting, communicating to the public, or broadcasting;
  • creating a derivative work, modifying, translating, selecting, arranging, merging, compiling, or otherwise combining with other data or other content or framing from or on another website;
  • scraping, whether screen scraping, database scraping, or any other activity intended to collect, store, reorganize, summarize, or manipulate any Content, whether by an automatic program or a manual process;
  • selling, licensing, sublicensing, or engaging in any other commercial transaction relating to this Site, the Content or any reproduction of all or any portion thereof in any medium;
  • decompiling, disassembling, reverse engineering, or other exploitation of this Site, its architecture or the underlying software or code; and
  • any activity that is outside the scope of activity permitted by the Terms.

To seek permission in respect of any activity with this Site or the Content that is not permitted by the Terms, please contact us directly via email at info@canadatechlaw.com or via phone at (416) 646-1946.

Copyright of ZVK. All Content, including all: (i) text, data, and other literary works; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) musical works and other sounds;  (iv) videos and all audio-visual works; (v) performances; (vi) other materials; (vii) selections, arrangements, compilations, modifications, and enhancements of all of the foregoing; (viii) software, including program code that may execute on this Site's servers or that may be embedded or be downloadable from individual webpages on this Site; and (ix) the architecture and layout of this Site and webpages thereon, is protected by copyright owned by, or licensed to, ZVK.

Trade-marks of ZVK. The following trade-marks and all script and design variations thereof are trade-marks of ZVK: ZVK, ZEMEL VAN KAMPEN LLP, and OFF THE GROUND.

Risks You Assume. Access to, and use of, this Site and the downloading of Content are done at your own risk. ZVK does not represent, warrant, or guarantee that this Site or the Content is compatible with your computer systems or that this Site or the Content is or will be free of viruses, worms, trojan horses, or disabling devices or other code that manifests contaminating or destructive properties or has harmful effects. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs, or connections of and to your computer system that may be necessary as a result of your use of this Site.

Disclaimer. THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACCESS TO, AND USE OF, THIS SITE OR THE CONTENT IS AT YOUR OWN RISK. NEITHER ZVK NOR ANY ZVK PERSONNEL MAKES ANY REPRESENTATION, WARRANTY, OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THIS SITE OR THE CONTENT. NEITHER ZVK NOR ANY ZVK PERSONNEL ASSUMES ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THIS SITE OR THE CONTENT.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, ZVK AND ZVK PERSONNEL DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND WITH RESPECT TO THIS SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL ZVK OR ANY ZVK PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES, WHETHER OR NOT ZVK OR ANY ZVK PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR THE CONTENT.

General Provisions. The Terms, including any documents referenced herein, constitute the entire agreement between ZVK and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ZVK with respect to this Site or the Content. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial administrative or arbitral proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any failure by ZVK to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provisions or right. If any of the provisions contained in the Terms are determined to be void, invalid, or otherwise unenforceable by an arbitrator or court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein or the affected provision in a jurisdiction outside the jurisdiction of such court.

Governing Law. The interpretation, validity, effect, and enforcement of the Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. These laws apply to the access and use of this Site or the Content by you, notwithstanding any conflicts of laws principles, your domicile, residency, or physical location, or the location of the ZVK office or any ZVK Personnel with whom you may communicate or deal. This Site and the Content are intended for use only in jurisdictions where they may lawfully be provided for use.

Disputes. Any and all disputes arising out of or in connection with the Terms, or in respect of any legal relationship associated with or derived from the Terms, shall be governed by the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You hereby consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and the Federal Court of Canada in any such action or proceeding and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court. In the event that ZVK determines that any breach or other violation of the Terms, or any violation of the intellectual property, privacy, or other rights of ZVK or any ZVK Personnel, does or will result in immediate or irreparable harm to ZVK or the applicable ZVK Personnel, ZVK and the applicable ZVK Personnel may seek relief in the way of interim, temporary and permanent injunctions and such other and further relief as a court may deem just and proper.