30 March 2021
NOT LEGAL ADVICE
Information made available on the Website in any form is for informational purposes only. It is not and should not be taken as legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on the Website. Prior results, articles, and case studies or other materials available on the Website do not guarantee a similar outcome in future representation. Contact the CHBA and/or another lawyer to discuss potential resolutions to specific legal concerns you may have.
NO LAWYER-CLIENT RELATIONSHIP
The presentation of information on the Website, or your use of or reliance upon such information, does not establish a lawyer-client relationship between you and The Canadian Hispanic Bar Association or between you and any Canadian Hispanic Bar Association employee or agent. Please also note that any information sent or received over the internet may not be secure. The Canadian Hispanic Bar Association cannot guarantee the security or privacy of any communication (in any form) to the Website.
OWNERSHIP OF CONTENT
All materials displayed or otherwise accessible through the Website, including but not limited to text, graphics, videos, photos, trademarks, logos and other materials (collectively, “Content”) are protected by copyright and trade-mark laws, and are owned by The Canadian Hispanic Bar Association and/or their licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of any Content, whether in whole or in part, is prohibited without the express prior written consent of the Canadian Hispanic Bar Association. Your use of the Website and/or any Content does not grant or transfer to you any ownership or other rights in the Website and/or any Content, and except as expressly provided, nothing herein or within the Website and/or any Content shall be construed as conferring on you or any other person or entity any license under any the Canadian Hispanic Bar Association or any third party intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved.
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, fully revocable, 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, trade-mark and other notices contained in such Content. This limited license does not include any rights not specifically enumerated herein. Your limited license to use the Website and the Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first). You agree that you will not use the Website or any Content for any purpose that is unlawful.
LIMITATION OF LIABILITY
Subject to applicable law, in no event shall the Canadian Hispanic Bar Association, or any of its partners, employees, consultants, representatives, officers, directors, agents, or licensors ("The Canadian Hispanic Bar Association") be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages or 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 Website and/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 The Canadian Hispanic Bar Association knew of or ought to have known of the possibility of such damages.
DISCLAIMER OF WARRANTIES
Subject to applicable law, the Website and the Content is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Canadian Hispanic Bar Association expressly disclaims all warranties and conditions, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, accuracy, completeness, or non-infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law. Without limiting the generality of the foregoing, while The Canadian Hispanic Bar Association endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that (i) the Website or the Content will be compatible with your computer, mobile or other device and/or software; (ii) the Website or the Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or the Content will be corrected, (v) that the Website or the Content will be free from viruses, Trojan horses, malware, worms or other harmful components, and (vi) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.
RELEASE AND INDEMNITY
To the fullest extent permissible under applicable law, you hereby agree to release The Canadian Hispanic Bar Association from, and in no event shall The Canadian Hispanic Bar Association 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 Website (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website and the Content. You will indemnify and hold The Canadian Hispanic Bar Association 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 Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold The Canadian Hispanic Bar Association harmless from and against any claims brought by third parties arising out of your use of Content from the Website. You agree The Canadian Hispanic Bar Association may assume the defense and control of any matter for which you are required to indemnify The Canadian Hispanic Bar Association and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of Canadian Hispanic Bar Association.
SECURITY AND CONFIDENTIALITY
GOVERNING LAW AND JURISDICTION
Subject to applicable law, by accessing or using the Website, from Canada, or by accessing or using the Website that is identified as a The Canadian Hispanic Bar Association Website, you agree that all matters relating to your access to, or use of, such Website and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles, and 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 such Website.
The Canadian Hispanic Bar Association may, in its sole discretion, cancel or terminate your right to use any or all Websites, or any part of any Website, or any Content, at any time without notice. In the event of termination, you are no longer authorized to access the applicable Website, the part of the Website, or Content 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. The Canadian Hispanic Bar Association shall not be liable to any party for such termination.
Except for any agreement in respect of Content, this is the entire agreement between you and The Canadian Hispanic Bar Association relating to your access and use of the Websites and the Content herein.
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. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The Canadian Hispanic Bar Association will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by Canadian Hispanic Bar Association. No delay or omission by The Canadian Hispanic Bar Association in exercising its rights or remedies will impair or be construed as a waiver.
Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of The Canadian Hispanic Bar Association to enforce the strict performance of any provision of this Agreement will not constitute a waiver of the right of The Canadian Hispanic Bar Association to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.