terms of use

(This version in effect since 01 January 2008.)

By accessing this website, you accept the terms and conditions contained below.

 

Terms of Use Agreement

Acceptance

This Terms of Use Agreement ("Agreement") is a legal agreement between you and Szemplinski Law Offices ("SLO"), the owner and operator of this website (the "Website"). It states the terms and conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance, and the acceptance of any person you purport to represent, to be bound by this Agreement. If you do not accept this Agreement, you must not access or use the Website.

SLO may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of the revised Agreement. It is your responsibility to check for such updates.

You may not change, supplement, or amend this Agreement in any manner.

No Legal Advice

Information on the Website is for information purposes only. It is not, and should not be taken as, legal advice, and may not be used for professional or commercial purposes. You should not rely on, or take or fail to take any action, based on this information. Never disregard professional legal advice or delay in seeking it because of something you have read on this Website. The information may, as a result of the passage of time, changes in the law, or subsequent court decisions, no longer be accurate.

The information on this website is public information and is not individualized legal advice. SLO's professionals will be pleased to discuss resolutions to specific legal concerns you may have.

The availability of this information does not suggest that SLO or any of its lawyers is practicing law in any jurisdiction other than those in which its offices are physically situated.

No Lawyer-Client Relationship

The presentation of information on this Website or your access to, use of, or reliance upon such information is not intended to and does not create a lawyer-client, advisory, fiduciary, or other relationship between you and SLO or between you and any SLO professional.

Transmission to or receipt by SLO of any email communications is not intended to and does not create a lawyer-client, advisory, fiduciary, or other relationship between you and SLO or between you and any SLO professional.

Copyright

All materials displayed or otherwise accessible through this Website, including the design of the Website, (collectively the "Content") are protected by copyright and trademark law, and are owned by SLO and its licensors, or the party credited as the provider of the Content. Except as granted in the limited licence below, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of SLO.

Limited Licence

Subject to the terms and conditions of this Agreement, you are granted a limited, non-transferable, and non-exclusive licence to access, view, and use the Website 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.

You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of SLO.

You may not use any of the information on this Website, including the email addresses that are available on it, to transmit, distribute, or facilitate the distribution of unsolicited bulk email or other advertisements to SLO or any of its employees or clients.

The Website and the Content are intended for use only in jurisdictions where it may lawfully be offered for use. Anyone accessing this Website from other jurisdictions assumes sole responsibility for compliance with local laws. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited. The Website may be used only by persons who are of the age of majority and can form legally binding contracts under applicable law.

Any rights not expressly granted herein are reserved.

Links to Other Sites

The Website contains links to third-party websites ("Other Sites"). These links are provided solely as a convenience to you. Any reference on this Website to any product or service by trade name, trademark, hypertext link, or otherwise does not constitute or imply its endorsement or recommendation by SLO.

Monitoring the vast information disseminated and accessible through links to Other Sites is beyond SLO's resources and SLO does not attempt to do so. Other Sites are independent from SLO, and SLO has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk. When you decide to leave this Website and access any Other Site, you do so with full knowledge of that fact and agree to assume the risks inherent in doing so.

SLO is not responsible for the content of any Other Site, nor does it make any representation or warranty of any kind regarding any Other Site including, without limitation: (1) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, or suitability of any content on any Other Site; (2) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such Other Site; and (3) any representation or warranty that the operation of any Other Site will be uninterrupted or error free, that defects or errors in such Other Sites will be corrected, or that such Other Sites will be free from viruses or other harmful components.

Links to Website

You may link to the front page of the Website at <http://www.sslaw.ca>, provided that the context of such a link is not inappropriate, illegal, obscene, or defamatory.

Any other link to the Website is prohibited without the prior written consent of SLO. Framing, mirroring, scraping, or data-mining of the Website or any of its content in any form and by any method is strictly prohibited.

You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

Limitation of Liability

Subject to applicable law, in no event shall SLO, or its partners, employees, agents, affiliates, or licensors be liable for any loss, cost, or damages of any kind including, without limitation, any direct, special, indirect, punitive, exemplary, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data, lost profits, and/or interruption of activities arising from your use or misuse of, reliance upon, or inability to use the Website 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 SLO was advised of, knew of, or ought to have known of the possibility of such damages, or if such damages are reasonably foreseeable.

Indemnity

By using this Website, you agree to indemnify and hold harmless SLO, its partners, employees, agents, affiliates, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs, and liabilities (including full indemnity legal and accounting fees), resulting from your use of this Website or any alleged violation by you of this Agreement.

Disclaimer of Warranties

You acknowledge and agree that you are using the Website at your own risk and liability, and that the Website may include inaccuracies or typographical errors. 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 which may be necessary as a result of your use of the Website.

The Website and the Content is provided "as is" and "as available". SLO does not make any representations or warranties regarding the Website or the Content including, without limitation, no representation or warranty that: (1) the Website or Content will be accurate, complete, current, timely, or suitable for any particular purpose; (2) that the operation of the Website will be uninterrupted or error-free; (3) that defects or errors in the Website or the Content will be corrected; (4) that the Website will be free from viruses or harmful components; and (5) that communications to or from the Website will be secure and/or not intercepted.

Security

Any information sent or received over the Internet is generally not secure. SLO cannot guarantee security or privacy of any communication to or from the Website. You should not send confidential or sensitive information over the Internet or by email unless you take appropriate precautions, such as the use of encryption.

Unless you are already a client of SLO, any information you send to SLO will not be privileged and may be disclosed to other persons. Therefore, you should not send SLO any email that contains confidential or sensitive information.

Trademarks

Names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of SLO or third parties. While certain trademarks of third parties may be used by SLO under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship or licence between SLO and the owner of such a trademark or to imply that SLO endorses the wares, services, or business of the owner of such a trademark.

Governing Law and Jurisdiction

The Website is operated by SLO from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to conflict of laws principles or any rules which would lead to the application of any other laws. You agree and hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Website, regardless of your domicile, residence, or physical location.

Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, the Content, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within 30 days after the claim or cause of action arises, after which time the claim or cause of action is forever barred.

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

Termination

If you breach any provision of this Agreement, you may no longer use the Website.

SLO may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive. SLO shall not be liable to any party for such termination.

If this Agreement or your permission to use the Website is terminated by you or SLO for any reason, then: (1) this Agreement will nevertheless continue to apply and be binding on you in respect of your prior use of the Website; and (2) SLO may continue to use and disclose your Personal Information in accordance with the Privacy Policy as amended from time to time.

Entire Agreement

Except for any agreement in respect of Content, this is the entire agreement between you and SLO relating to your access and use of the Website and the Content.

If any term or provision of this Agreement 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.

Privacy

SLO collects, uses and discloses your Personal Information in accordance with the Privacy Policy. By accepting this Agreement, and each time you use the Website, you consent to SLO's collection, use, and disclosure of your Personal Information in accordance with the Privacy Policy as it then reads without any further notice or any liability to you or any other person.

Other

The provisions of this Agreement will enure to the benefit of and be binding upon each of SLO and its successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of SLO, which may be withheld at SLO's sole discretion. SLO may assign this Agreement and its rights and obligations under this Agreement without your consent.

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.

Contact Address

Any questions or correspondence relating to this Agreement should be addressed to:

Szemplinski Law Offices
B - 42 Lakeshore Road East
Mississauga, ON, L5G 1C8, Canada
Tel: 905-602-5100
Fax: 905-602-5101



 

Privacy Policy


Szemplinski Law Offices ("SLO") is committed to maintaining the accuracy, security, and privacy of Personal Information in accordance with applicable legislation. This Privacy Policy is a statement of principles and guidelines concerning the protection of Personal Information of SLO's clients, service providers, and other individuals.

Consent

By submitting Personal Information to SLO or its service providers and agents, you agree that SLO may collect, use, and disclose such Personal Information in accordance with this Privacy Policy and as permitted or required by law.

SLO assumes that an individual has consented to the reasonable collection and use of Personal Information consistent with the purposes for which the information was given when the individual initiates contact with SLO or voluntarily provides Personal Information to SLO. SLO also assumes that clients who retain SLO, or individuals involved in proceedings or matters opposite or adverse to SLO's clients, consent to the reasonable collection, use, and disclosure of their Personal Information by SLO's professionals and agents for purposes of representation or provision of legal advice to clients and the conduct of the transactions or proceedings involving clients.

Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting SLO's Privacy Officer. If you refuse or withdraw your consent, SLO may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

If you provide SLO or its service providers and agents with Personal Information of another individual, you represent that you have all necessary authority and/or have obtained all necessary consents from such person to enable SLO to collect, use, and disclose such Personal Information for the purposes set out in this Privacy Policy.

Personal Information Collected

Personal Information means information about an identifiable individual as defined from time to time in applicable privacy legislation. Personal Information does not include information that is considered business contact information, being your name, title or position, business address, telephone number, fax number, or email address.

The types of Personal Information that SLO may collect about you include your name, home address, telephone number, personal email address, billing and account information, information about a legal issue and other information incidental to providing legal advice and services, including Personal Information about witnesses, family members, beneficiaries, directors, officers, employees, adverse parties, interested parties, investigators, decision-makers, experts, other professional advisors, and SLO's clients' business partners, investors, shareholders, competitors, and customers who are individuals.

SLO retains the right to use aggregated information in any way that it deems appropriate, including providing aggregated information to third parties. Such aggregate information does not include any identifiable Personal Information.

Reasons for Collecting Personal Information

SLO collects, uses, and discloses Personal Information about its clients and service providers in order to provide its clients with professional legal services and representation. More specifically, SLO collects, uses, and discloses your Personal Information for the following purposes:

Parties to whom Personal Information may be Disclosed

From time to time, SLO may disclose your Personal Information to:

Personal Information may also be subject to transfer to another organization in the event of a merger or change of ownership of all or part of SLO. This will occur only if the parties have entered into an agreement under which the collection, use, and disclosure of the information is restricted to those purposes that relate to the business transaction, including a determination whether or not to proceed with the business transaction, and is to be used by the parties to carry out and complete the business transaction.

Accessing Personal Information

Upon your written request, subject to certain exceptions, SLO will inform you of the existence, use, and disclosure of your Personal Information and will give you access to that information. Access requests should be sent to the attention of SLO's Privacy Officer, using the contact information below.

Your right to access your Personal Information is not absolute. We may deny access when:

We may request that you provide sufficient identification to permit access to the existence, use, or disclosure of your Personal Information.

Storage and Security of Personal Information

To help protect the confidentiality of your Personal Information, SLO employs administrative and technological safeguards appropriate to the sensitivity of your Personal Information.

However, most methods of communication are not fully secure and security measures may create challenges to the efficient exchange of information. Email is often the preferred method of communication and unless you object, SLO may use unencrypted emails when communicating with you.

SLO does not sell any Personal Information it has obtained.

Privacy and the Website

Cookies - When an individual visitor accesses the SLO Website, a browser feature called a "cookie" may be used to collect information such as the type of web browser and operating system the visitor uses, the domain name of the website from which the visitor came, date and duration of the visit, number of visits, average time spent on the Website, pages viewed and number of cookies accumulated. A cookie is a small text file containing a unique identification number that identifies the visitor's browser, but not necessarily the visitor, each time the Website is visited. Unless a visitor specifically informs SLO, SLO will not know who the individual visitors are. In addition to the identified purposes described in this Privacy Policy, SLO may use this website information and share it with other organizations with whom SLO has a commercial relationship to measure the use of the Website, to improve its functionality and content, and to facilitate usage by a visitor. Visitors can configure their browsers either to notify them when they have received a cookie or refuse to accept cookies. However, if a visitor refuses to accept cookies, he or she may not be able to use some of the features available on the Website.

Online Communications - In order to provide website visitors with a service or information, visitors may voluntarily submit Personal Information to SLO for purposes such as asking a question, obtaining information, reviewing or downloading a publication, participating in a seminar or other event, and participating in contests and surveys. If you are known to SLO as a registered user of an online service, we may combine and store Personal Information about your use of the Website and the online information you have provided with certain other online and offline information SLO may have collected.

Email Communications - Occasionally, SLO may send marketing or promotional email communications to you with information that may be useful, including information about the services of SLO and other third parties with whom SLO has a relationship. Included in any such communications will be instructions on how to unsubscribe and inform SLO of preferences if you decide you do not want to receive any future marketing or promotional emails from SLO.

Links - The Website may contain links to other websites which are provided as a convenience only. Other third-party websites may have different privacy policies and practices than SLO. Operators of linked websites may collect your Personal Information and information when you link to their websites. SLO is not responsible for how such third parties collect, use, or disclose your Personal Information, so it is important to review their privacy policies before providing them with your Personal Information.

Changes to Privacy Policy

SLO reserves the right to modify or supplement this Privacy Policy at any time. If SLO makes a change to this Privacy Policy, such changes will be posted on the Website.

Further Information

For information on SLO's privacy practices, please contact the SLO Privacy Officer at:

Szemplinski Law Offices
B - 42 Lakeshore Road East
Mississauga, ON, L5G 1C8, Canada
Tel: 905-602-5100
Fax: 905-602-5101