By using this website, or creating an account, you (the person who creates or accesses a user account, or a visitor to this website who is not logged in) agree to the these terms and conditions. Please read them carefully. By continuing to access this website, you are deemed to have accepted these terms and conditions.
Welcome to Canadian Law Forums (the "Website"). Your use of this Website is subject to these terms and conditions (the "Terms and Conditions", "Terms of Service", or "TOS"). By accessing the Website, or any of the Website's services (each service being the "Service" and collectively the "Services"), you agree, without limitation or qualification, to be bound by these Terms of Service and such other additional or alternative terms, conditions, rules, and policies that are displayed or to which you may be directed in connection with your use of the Website. If you do not agree to these Terms of Service, you may not use the Website or any Service, and your sole and exclusive remedy as a potential or existing user is to discontinue use.
2. Registering an Account
The Services provided by the Website require you to register a personal user account in order to access the Services (an "Account"). Should you choose to register an Account, you shall be responsible for: (a) providing accurate and current information requested by the registration process; (b) maintaining the confidentiality of any passwords permitting access to your Account; (c) all acts and omissions undertaken through the use of said Account; and (d) immediately notifying the administrators of the Website of any unauthorized user of the said Account.
Once an Account has been created, the administrators of the Website may decline to remove or delete such Account, or any content associated with or uploaded by such Account, in their sole discretion. The administrators of the Website ("us" or "we") reserve the right to suspend or terminate access to the Website for any Account for any reason, without compensation or recourse to the affected party. If your Account has been suspended or canceled, you shall not register a new Account without obtaining the written consent of the administrators of the Website. The administrators of the Website will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
By creating an Account, you agree to abide by all the rules and regulations posted by the administrators of the Website from time to time, as amended. All rules are available in the Announcements & Rules section of the Website.
Data may be attached to an Account, including but not limited to certain personally identifying information (such as your e-mail address and social media identity) and your posts and comments made on the Website (the "Data"), by you registering an Account or by you utilizing the Services. By submitting the Data to the Website, you automatically grant (or represent and warrant that the owner of such materials expressly grants) to us and our affiliates, assignees, and licensees a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted Data, for the purposes of publishing and promoting such Data in connection with the Website or other Services affiliated with the Website. Such license will apply with respect to any form, media, technology now known or later developed. In addition, you represent and warrant that all "moral rights" in such Data have been waived and covenant and agree that you waive such moral rights. All content submitted to the Website may be published, distributed and stored by us, our affiliates, assignees and licensees, in whole or in part, in print or by any other means, including but not limited to electronic, worldwide and in perpetuity, without compensation to the original owner or author of the Data. You also consent to receiving commercial electronic messages from the Website.
To the maximum extent permitted by applicable law, the Website and any Services and Data are provided on an "as is" and "as available" basis and you acknowledge and agree that your use of or reliance on the Website and the Services is entirely at your own risk. The Website and its owners, administrators, moderators, licensees, affiliates, agents, or their respective successors and assigns (the "Website Parties") do not make any, and hereby disclaim all, representations, warranties, terms, conditions and endorsements (collectively the "Warranties") of any kind, whether express or implied, collateral or otherwise, as to any matter hereunder, including without limitation: (a) any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, suitability, reliability, freedom from infections or viruses or completeness, (b) any Warranties arising by statute or otherwise in law or from a course of dealing or usage of trade, (c) that the Website or Services, including any Data, information, products or services obtained from or through the use of the Website or any Services, will be provided on an uninterrupted, timely, secure or error-free basis or that results derived therefrom will meet your requirements or expectations, or (d) that defects or errors in the Website, Services or Data will be corrected.
Furthermore, you explicitly acknowledge and agree that the analysis and commentary provided on this Website with respect to your applications, chances of admission, grades and test scores, law school applications generally, and any other information published on this Website (the "Information") is provided "as is" and that your use of the Information is entirely at your own risk and is subject to the same limitations of liability and disclaimer of warranties as stated in the previous paragraph.
You expressly acknowledge and agree that you will not solicit legal advice using this Website, nor will you provide legal advice using the Website to any person. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY DATA OR PUBLICATION PROVIDED BY ANY PERSON ON THIS WEBSITE AND MADE AVAILABLE TO YOU DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT CREATE A SOLICITOR-CLIENT RELATIONSHIP BETWEEN YOU AND ANY OTHER USER, ADMINISTRATOR, OR MODERATOR OF THIS WEBSITE REGARDLESS OF HOW SUCH DATA OR PUBLICATION IS PRESENTED TO YOU. This includes, but is not limited to, whether or not a user, administrator, or moderator of the Website has indicated in some way that such user, administrator, or moderator is a lawyer or is otherwise licensed to provide legal services.
5. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE WEBSITE PARTIES BE LIABLE FOR, AND THE WEBSITE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR, IN WHOLE OR IN PART, ANY INJURY, LOSS, OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES ("DAMAGES"), REGARDLESS OF WHETHER THE WEBSITE PARTIES HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE AND INTRUSION UPON SECLUSION), STATUTE (INCLUDING ACTION IN COPYRIGHT), OR OTHERWISE, OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO YOUR ACCOUNT OR ANY DATA, OR (c) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE WEBSITE PARTIES BE LIABLE FOR, AND THE WEBSITE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR, IN WHOLE OR IN PART, THE ACTS, OMISSIONS, OR CONDUCT OF ANY USERS OF THE WEBSITE, INCLUDING THE SUBMISSION OF DATA BY ANY USER OF THE WEBSITE, REGARDLESS OF WHETHER THE WEBSITE PARTIES HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL THE WEBSITE PARTIES BE LIABLE FOR ANY DAMAGES OR EXPENSES ARISING IN ANY MANNER WHATSOEVER FROM: (A) THE ACTS, OMISSIONS OR CONDUCT OF ANY USER OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE SUBMISSION OR POSTING OF CONTENT THAT MIGHT GIVE RISE TO CLAIMS BY THIRD-PARTIES, (B) REPRESENTATIONS MADE BY USERS WITH RESPECT TO THEIR KNOWLEDGE OR EXPERTISE IN ANY FIELD, (c) ANY CONTENT SUBMITTED OR POSTED BY USERS OF THE WEBSITE, OR (D) ANY ACTION OR INACTION BY THE WEBSITE PARTIES TO MONITOR THE ACTS, OMISSIONS, OR CONDUCT OF THE USERS OF THE WEBSITE OR TO EDIT, REMOVE OR DELETE DATA SUBMITTED OR POSTED BY USERS OF THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE WEBSITE PARTIES BE LIABLE FOR, AND THE WEBSITE PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR, IN WHOLE OR IN PART, THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY ADVERTISER OR SPONSOR OF THE WEBSITE ("THIRD-PARTIES"). UNDER NO CIRCUMSTANCES SHALL THE WEBSITE PARTIES BE LIABLE FOR ANY DAMAGES OR EXPENSES ARISING IN ANY MANNER WHATSOEVER FROM (A) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTIES; AND (B) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEBSITE. IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE THE WEBSITE PARTIES 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.
You agree to defend, indemnify and hold harmless the Website and all Website Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to legal fees and expenses on a solicitor and client basis), resulting from or related to: (a) your access to or use of the Website, Services or Data, (b) your breach or violation of any of these Terms and Conditions or other guidelines for users established by the Website from time to time, (c) your use or reliance on, or publication, communication or distribution of anything on or from the Website or Services, (d) your violation of any third party right, including without limitation any copyright, property, or privacy right, or (e) any claim that your Data caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service. The owners of the Website reserve the right, but have no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided such action shall not excuse your indemnity obligations to the Website and Website Parties. In such event, you agree that you will use your best efforts to cooperate with the Website and the Website Parties in the defense of any claim.
7. Modifications to Terms and Conditions
We reserve the right, in our sole discretion, to add to, remove from, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on the Website. Please check these Terms and Conditions regularly for updates by checking the date of "Last Update" at the top of this page. If any change is not acceptable to you, you must discontinue your use of the Website and any of the Services immediately. Your continued use of the Website or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, we reserve the right to change, modify, suspend or discontinue any aspect of the Website, Services or Data from time to time without notice or liability and for any reason whatsoever.
8. Governing Law
The Website and Services are controlled and administered from within Canada. The Website makes no representation or warranty that the Website or any of the Services are appropriate or available for use at any locations outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all applicable laws.
These Terms and Conditions will be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, and the federal laws of Canada applicable therein. Each party hereby agrees to submit to the personal and subject matters jurisdiction of the courts of the Province of Ontario and the Federal Courts of Canada and to waive any objections based upon venue.
9. Reliance and Survival
You expressly acknowledge and agree that the Website and Website Parties have and will make the Website, Services and Data available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth in Section 5 herein, and the defense and indemnification obligations set forth in Section 7 herein, and that the same form an essential basis of the bargain between you and the Website. You expressly agree that the indemnities, limitations, exclusions of liability and the disclaimers set forth in these Terms and Conditions will survive, and continue to apply in the case of: (a) a fundamental breach or breaches by any party to this Agreement, (b) the failure of essential purpose of contract, (c) the failure of any exclusive remedy, (d) termination of your right to access and use the Website or your Account, or (e) modification to or termination of these Terms and Conditions.
10. Submission of Ideas or Suggestions
The Website encourages submissions of ideas for improving the Website or Services, subject to these Terms and Conditions. Under no circumstances will any disclosure of any idea or suggestion or related material to the Website or Website Parties be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea or suggestion or any related material to the Website or Website Parties, you are waiving any and all rights that you may have in the idea or suggestion or any related material and are representing and warranting to the Website and Website Parties that the idea or suggestion or any related material are wholly original with you, that no one else has any rights in the idea or suggestion or any related material and that the Website and Website Parties are free to implement the idea or suggestion and to use the related material if it so desires, as provided or as modified by the Website or Website Parties, without obtaining permission or license from any third party.
11. General Provisions
These Terms and Conditions are personal to you, and you may not assign your rights or obligations under these Terms and Conditions to anyone. These Terms and Conditions constitute the entire agreement between the Website and you pertaining to your use of the Website, Services and Data, and integrate and supersede any prior agreements between you and the Website with respect to the subject matter hereof, whether written or oral. You hereby acknowledge and represent that you have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance made by or on behalf of any other party or any other person or entity whatsoever. You hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of your reliance on any such representation, assertion, guarantee, warranty, collateral contract or other assurance.
No waiver of any provision of this Agreement is binding unless it is in writing and signed by the party to this Agreement entitled to grant the waiver. Any failure by the owners of the Website or the Website Parties to insist upon or enforce strict performance of any right or provision of these Terms and Conditions will not constitute or be construed as a waiver of any right or provision. No waiver of any breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of that provision.
If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein.
Except where prohibited by applicable law, any cause of action you may have with respect to your use of the Website or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.