Terms of Use & Disclaimer

The Ontario Bar Association - Website Terms of Use

IMPORTANT: Please read the following terms of use carefully. BY ACCESSING OR OTHERWISE USING THE SITE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND AGREE TO ACCESS OR OTHERWISE USE THE SITE IN ACCORDANCE WITH THESE TERMS OF USE. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SITE.

Option B: OBA websites only

The Ontario Bar Association (the "OBA") and any of its affiliates, (collectively referred to as “Operator”) make this website (the "Site") or any other OBA websites (the “Sites”) available to you subject to these terms of use (the “Terms of Use”).

1. General

1.1 For the purposes of these Terms of Use, the word “you” means the individual accessing the Site(s). If applicable, it also includes any other legal entity on behalf of which an individual is accessing the Site(s).

2. ACCEPTANCE OF TERMS

2.1 This document states the Terms of Use under which you may use the Site(s). By accessing any of the Site(s), you agree to be bound by and to comply with these Terms of Use without limitation or qualification. If you do not agree, without limitation or qualification, to be bound by and to comply with these Terms of Use, stop using the Site(s) immediately.

2.2 You acknowledge that:

  1. you have read and agree to be bound by these Terms of Use; and
  2. you consent to the collection, use and disclosure of your personal information as permitted by the OBA’s Privacy Policy, available at http://www.oba.org/Privacy-Policy (the “Privacy Policy”). Please read this Privacy Policy carefully. By accessing or otherwise using the Site(s), you signify that you have read, fully understand and agree to be legally bound by the Privacy Policy.

2.3 By accessing or using the Site(s) in any manner, you represent, warrant and covenant that:

  1. you are at least the age of majority in the province, territory, state or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, territory, state or country in which you reside, do not use the Site unless your parent or guardian enters into these Terms of Use on your behalf and consents to your use of the Site(s);
  2. you are fully able and competent to enter into the Terms of Use;
  3. your use of the Site(s) will not violate any applicable law or regulation in the province, territory, state or country from which you are accessing the Site(s); and
  4. if a minor for whom you are legally responsible accesses or uses the Site(s), you agree to be fully responsible for:
    1. the conduct, use or misuse of such minor;
    2. supervising and controlling the minor’s access to and use of the Site(s); and
    3. any breach of these Terms of Use by such minor.

2.4 Before we allow you to access certain features of the Site(s), or to participate in certain activities on or through the Site(s), you may be required to:

2.5 Certain services and activities available through the Site(s) may require you to agree to further terms and conditions. If there is any inconsistency between those terms and conditions and these Terms of Use, these Terms of Use shall prevail, unless the additional terms and conditions expressly state otherwise.

2.6 Operator suggests that you print or save a local copy of these Terms of Use for your future reference.

2.7 If Operator provides you with a translation of these Terms of Use and there is any inconsistency between the English version and the translated version, the English version shall prevail.

2.8 If Operator believes that you have breached these Terms of Use, Operator reserves the right to restrict, suspend or terminate your access to all or any part of the Site(s), temporarily or permanently, with or without notice. You acknowledge and agree that:

  1. register as a Site user (a “User”); and
  2. confirm your acceptance of these Terms of Use.
    1. you have no ownership rights in the Site(s); and
    2. you only have a limited license to use the Site(s).

Any other use of the Site(s) by any person, business, corporation, government or any other entity is strictly prohibited and is a violation of these Terms of Use.

3. SIGNING UP FOR CERTAIN FEATURES OR ACTIVITIES

3.1 When signing up to access certain features of the Site(s), or to participate in certain activities run on or through the Site(s), you represent and warrant that any information you provide about yourself is true. You also warrant that you will maintain and promptly update your information to keep it true and current.

3.2 If you are given a username and/or a password to access certain features of the Site(s) or to participate in certain activities run on or through the Site(s), you are responsible for all activities conducted under that username or password. You will also take all necessary steps to keep your password confidential and to ensure that no one other than you uses that username or password. If you have any reason to believe that someone has learned your password or used it, you agree to inform Operator immediately.

3.3 You may be asked to suggest one or more usernames when you register with the Site(s). Please note that the assignment of a username is in Operator’s sole discretion. Operator may, at any time, change any username or password assigned to you. Operator will make reasonable efforts to notify you through digital communications when it does so.

4. USE OF THE SITE

4.1 You will not:

  1. attempt to gain access to any portions of the Site(s) that you are not authorized to access;
  2. use the Site(s) to impersonate, falsely state or misrepresent your affiliation with any person or entity;
  3. when posting any materials to the Site(s), forge headers or otherwise manipulate identifiers to create the impression that another person posted the materials;
  4. use the Site(s) to directly or indirectly interfere with, disrupt or damage the Site(s), the server(s) on which it hosted, the networks connected to them or any other user’s access to the Site(s);
  5. access the Site(s) through any automated means (for example, bots or web crawlers);
  6. access services or tools made available on the Site(s) using an interface other than the one made available on the Site(s) by Operator;
  7. adapt, translate, modify, decompile, disassemble or reverse engineer any aspect of:
    1. the Site(s); or
    2. any software or technology used in connection with the Site(s) or downloaded from the Site(s);
  8. violate any applicable local, provincial, state, national or international law or regulation (including any laws relating to the export of data or software); or
  9. collect or store personally identifying information about other users of the Site(s), for any purposes unrelated to the Site(s), or that are illegal or unlawful.

Violation of the Terms of Use and/or any applicable laws in any manner automatically terminates the rights granted to you herein and obligates you to cease all use of the Site(s).

5. PRIVACY

5.1 Operator controls the Site(s) from within Canada, but some content may be hosted in a foreign jurisdiction by the Operator’s third party service provider(s).

5.2 Operator’s use and disclosure of your personal information collected in association with the Site(s) is subject to Operator’s Privacy Policy, which is available at http://www.oba.org/Privacy-Policy. You have read the Privacy Policy and consent to the use of your personal information as described therein.

5.3 Operator reserves the right to communicate with you regarding your use of the Site(s). You consent to Operator’s use of any contact information that you provide in accordance with the terms of the Privacy Policy.

6. SUBMITTING CONTENT

6.1 The Site content (the “Content") includes, but is not limited to, any and all information, content, links, reports, text, publications, newsletters, articles, opinions, minutes of meetings, notice of meetings, data, databases, tools, email, views, graphics, images, photographs, pictures, videos, postings, code, multimedia clips, Java code, interfaces, web pages, files, software, product names, company names, trademarks, logos, trade names, the selection and arrangement of information, or other materials contained on or in the Site(s).

The Content includes materials the Operator has contributed to the Site(s), or others have contributed on behalf of Operator (“Operator Content”). It also includes materials users of the Site(s) have contributed (“User-generated Content”).

6.2 You are granted a limited license to use (display or print) the Content, provided you do not modify the Content. You must also attach a copy of these Terms of Use to any copies you make of the Content. You agree not to remove any marks, logos or other legends that form part of the Content.

You are further granted a limited license to use the email and Internet links (the "Services") provided on the Site(s). Any other use of the Content or Services is strictly prohibited and is a violation of the Terms of Use.

You may not reproduce, re-publish or re-disseminate any of the Content or Services in any manner or form without the prior written consent of the OBA or the third party to which the intellectual property rights belong. You may not sell or modify the Content or Services or reproduce, display, publicly perform, transmit, modify, adapt, sell, license, distribute, use or exploit any item of Content that you did not contribute. If you wish to do so, you must have the express prior written permission of the item’s contributor.

The use of the Content or Services on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms of Use, your permission to use the Content and Services automatically ends and you must immediately destroy any copies you have made of the Content.

6.3 By submitting or sending content to Operator or otherwise making it available for display on or through the Site(s), you acknowledge that the content is your User-generated Content. You also grant Operator the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User-generated Content, in whole or part. You also agree that it can be incorporated into other works (in any form, media or technology) to allow Operator to administer, operate, display, distribute and promote the Site. This may include, but not be limited to, allowing other sites to link to your User-generated Content on the Site. You acknowledge and agree that Operator may need to:

  1. transmit User-generated Content over various networks; and
  2. reformat User-generated Content in order to operate, display or distribute the Site(s).

6.4 You represent and warrant to and covenant with Operator that:

  1. you have now and that you will continue to have all necessary rights and authority to grant the licenses set out in section 6.3; and
  2. the User-generated Content that you contribute to the Site(s) will not infringe on any third party’s proprietary right.

You also represent and warrant to Operator that you have waived any “moral rights” in any User-generated Content that you contribute to the Site(s), and that Operator and its successor and assigns may rely on those waivers. With the exception of any User-generated Content that includes personal information, you agree that your contributed User-generated Content will not be considered confidential.

6.5 If you contribute a link to another website, make sure that the operators of that website permit linking. You can do this by checking the terms of use for that website. If you are not sure that you have permission to link to a website, do not post the link. You may instead link to the home page of the website. If you do so, include written directions in your post for how to navigate from the home page to the page that has the relevant content.

6.6 You should maintain a back-up copy of any User-generated Content that you contribute to the Site(s). Operator will not provide a copy of that User-generated Content to you. Operator is not responsible for User-generated Content that is lost or destroyed for any reason.

6.7 You agree that you will not post, upload, make accessible or transmit on or through the Site(s) any User-generated Content or links to content that:

  1. is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of privacy or publicity rights, hateful (racially, sexually, ethnically or otherwise) or victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
  2. solicits from other users any passwords or personal information for commercial or unlawful purposes;
  3. contains software viruses or any other computer code, files or programs which may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or carry out any other similarly destructive activity;
  4. promotes illegal activity, including providing instructions on how to conduct illegal activity;
  5. you do not have a right to transmit under any law or regulation, or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under a non-disclosure agreement); or
  6. infringes or contributes to the infringement of any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country. This includes, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trademarks, service marks, trade names, logos, brand names and other identifiers, and trade secrets of any party.

6.8 Operator assumes no obligation to update the Content. Operator reserves the right to change any and all Content at any time without notice. Operator, its licensors and suppliers are not responsible for any Content other than Operator Content.

7. USING CONTENT

7.1 The person who contributes Content to the Site(s) is responsible for the Content. Operator does not provide any representations, warranties or guarantees with respect to User-generated Content, its quality or its accuracy. Before using or relying on any User-generated Content, you should take reasonable steps to verify its accuracy, completeness or usefulness. You are using it at your own risk. Views and opinions expressed in User-generated Content do not necessarily represent the views or opinions of Operator, its licensors, suppliers or representatives.

7.2 The Content and Services are provided for educational or informational purposes only and are not intended to provide legal, accounting or tax advice and should not be relied upon in that or any respect. The Content and Services are not to be used or relied upon for any purposes. The Content and Services do not create a solicitor-client relationship between you and Operator or any other contributor.

The Content and Services are not intended in any way to be a substitute for professional advice. If you are a legal professional, you should exercise your own professional judgement before deciding to rely on any Content or Services. If you are not a legal professional, the Content and Services available on or through the Site(s) cannot and should not replace the professional judgement of appropriate legal counsel.

Discuss the Content and Services with your legal counsel, and never disregard professional legal advice or delay in seeking it because of something you have read on this Site(s). Any opinion, advice, article, publication, statement, service, offer, or other information or content on the Site(s), or any website linked to the Site(s), is that of the author or distributor; it is not that of Operator.

Operator assumes no obligation to update the Content or Services, or to advise on further developments concerning Content. Operator also assumes no obligation to update the functionality of the Content or Services. If you choose to rely on any of the Content, you do so solely at your own risk.

7.3 Further, Operator does not recommend or endorse any specific products, services, legal professionals, organizations, opinions or other information that may be described on the Site(s), or on any third party website to which you can link from the Site(s).

7.4 You may not be able to access all of the Content made available on the Site(s). Some Content is made available to certain Users only. When a User posts Content to the Site(s), he or she may further restrict who may view that Content.

8. SCREENING, RESPONSIBILITY FOR CONTENT AND MONITORING

8.1 Operator reserves the right to review any Content, but is not obliged to do so. You acknowledge that when Operator conducts a Content review, the review may not be to your satisfaction.

8.2 Operator reserves the right to monitor some, all, or no areas of the Site(s) from time to time, but is not obliged to do so:

  1. to verify adherence to these Terms of Use or any other rules, codes of conduct or guidelines posted by Operator; or
  2. as required by law.

8.3 Operator reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any Content that is available via or on the Site(s) at any time, without notice and without liability.

8.4 Operator reserves the right, in its sole discretion, to set limits on the amount of User-generated Content that you may contribute.

9. DISCLAIMER REGARDING THIRD PARTY CONTENT AND LINKED SITES

9.1 Operator, Users or third parties may provide links to resources that are not part of the Site(s). Operator has no control over such resources. Your correspondence or business dealings with, or participation in promotions of, the parties providing, disseminating, or promoting such external resources are solely between you and these parties. You acknowledge and agree that Operator:

  1. is not responsible for the availability of external resources;
  2. does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials on external resources or available from them;
  3. will not be responsible or liable, directly or indirectly, for any damage or loss of any sort incurred in connection with or as a result of the use of or reliance on content, goods or services available on or through external resources, or through any dealings with any parties providing, disseminating or promoting such external resources.

9.2 Your correspondence or business dealings with advertisers or other third parties accessible on or via the Site(s) are solely between you and these third parties. This includes your participation in their promotions, payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with these dealings.

You agree that Operator will not be responsible or liable for any loss or damage incurred as the result of these dealings or of advertisers’ or third parties’ presence on the Site(s). If you provide any information to a third party (e.g., your contact information or credit card information), it is the third party that collects this information, and not Operator. This is true even if you made a purchase from a third party website that the Site(s) linked to, or that was framed within the Site(s).

10.FEEDBACK

10.1 From time to time, you may choose to ask, make or provide questions, suggestions, ideas, comments, recommendations, feedback, requests or other information relating to the Site(s) (“Feedback”) to Operator. By providing any Feedback to Operator, you:

  1. agree that the Feedback is not confidential; and
  2. assign all rights, title and interest in and to the Feedback to Operator, including all intellectual property rights.

Operator shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose (commercial or otherwise) without acknowledging or compensating you.

11.DISCLAIMER OF WARRANTIES

11.1 THE SITE(S), CONTENT AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.

11.2 WITHOUT LIMITING SECTION 11.1, OPERATOR SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS WITH RESPECT TO THE SITE(S), EITHER EXPRESS, IMPLIED OR STATUTORY. OPERATOR ALSO DISCLAIMS ANY CONTENT, ANY SERVICES OR OTHERWISE ARISING FROM THESE TERMS OF USE INCLUDING, BUT NOT LIMITED TO:

  1. ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, COMPLETENESS, TIMELINESS, RELIABILITY, USEFULNESS OR OTHERWISE OF THE SITE(S), CONTENT OR SERVICES, OR OF ANY INFORMATION CONTAINED IN ANY SITE LINKED TO THIS WEBSITE;
  2. ANY WARRANTIES OF TITLE;
  3. ANY WARRANTY OF NON-INFRINGEMENT;
  4. ANY IMPLIED WARRANTIES OR CONDITIONS OF MECHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

11.3 WITHOUT LIMITING SECTIONS 11.1 AND 11.2, Operator DOES NOT WARRANT THAT THE SITE(S), ANY CONTENT OR ANY SERVICES:

  1. WILL BE AVAILABLE AT ALL TIMES;
  2. WILL OPERATE WITHOUT ERRORS;
  3. WILL BE CORRECTED WHEN DEFECTS OR ERRORS ARE PRESENT;
  4. WILL BE ACCESSIBLE REGARDLESS OF THE HARDWARE OR SOFTWARE THAT YOU WISH TO EMPLOY TO ACCESS IT;
  5. IS ABSOLUTELY SECURE; OR
  6. IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.

11.4 Without limiting sections 11.1, 11.2 and 11.3, Operator does not warrant that communications made using any tools available through the Site(s) will be absolutely secure.

11.5 No oral or written information or advice provided by Operator shall create a warranty.

11.5 All exclusions of responsibility or liability set out in these Terms of Use are made to the fullest extent permitted by law.

11.6 Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on how long an implied warranty may last. If any jurisdiction having applicability to these Terms of Use does not permit any such exclusion or limitation, Operator’s total liability to you in connection with any breach of such a warranty will be subject to section 12.

12.LIMITATION OF LIABILITY

12.1 TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL OPERATOR, ITS OFFICERS, AFFILIATES, AGENTS, LICENSORS, EMPLOYEES, SUPPLIERS, SUBCONTRACTORS OR INTERNET SERVICE PROVIDER(S) (COLLECTIVELY, "ITS REPRESENTATIVES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATING TO THE SITE(S), ANY CONTENT, ANY USER-GENERATED CONTENT, ANY SERVICES, OR THESE TERMS OF USE. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST REVENUE, LOST PROFITS, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE LIMITATION WILL APPLY EVEN IF OPERATOR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

12.2 IN NO EVENT WILL OPERATOR OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY PERSON WITH RESPECT TO DAMAGES INCURRED BECAUSE OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE(S), OR LINKS PROVIDED ON THE SITE(S). OPERATOR IS NOT LIABLE FOR THE ACTS, OMISSIONS OR CONDUCT OF THE SITE’S (S’) THIRD-PARTY USERS, OR ANY OF THE SITE’S (S’) SPONSORS OR ADVERTISERS.

12.3 Without encryption, the Internet is not a secured medium and we cannot ensure your privacy. Internet email can be intercepted and forged. Operator is not responsible for any damages you or any third party may suffer as a result of transmitting confidential information to any third party through the Internet email links provided on the Site(s). Operator is not responsible for any errors or changes made to transmitted information. Should you decide to transmit information using Internet email links, you do so at your own risk.

12.4 WITHOUT LIMITING SECTIONS 12.1, 12.2 or 12.3, THE LIMIT ON THE TOTAL CUMULATIVE LIABILITY OF OPERATOR (OR THAT OF ITS REPRESENTATIVES) TO YOU OR ANY PERSON WILL NOT EXCEED $100.00 FOR ANY CLAIMS ARISING FROM OR RELATING TO ANY SITE. THIS INCLUDES ANY CONTENT, ANY USER-GENERATED CONTENT, ANY SERVICES OR THESE TERMS OF USE.

12.5 The limitations in section 12.1, 12.2, 12.3 and 12.4 will apply regardless of the causes or circumstances giving rise to the claim. They apply even if the claim is based on breach of contract, negligence or other tort, and will survive a fundamental breach or failure of essential purpose of any limited remedy or these Terms of Use.

12.6 You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising from or relating to the Site(s), any Content, any User-generated Content, any Services or these Terms of Use must be filed within one year after such claim or cause of action arises or be permanently barred.

13.COMPUTER VIRUSES

13.1 Operator cannot guarantee that all Content and Services provided on the Site(s) do not contain computer viruses. You are responsible for scanning your computer for viruses and ensuring that you have a complete and current back-up of materials on your computer.

14.INDEMNITY

14.1 You agree to indemnify Operator and its affiliates, officers, directors, employees, agents and representatives and hold them harmless from any and all claims, losses, liabilities, damages, suits, actions, penalties, demands, costs, and expenses, including legal fees, arising from or relating, directly or indirectly, to:

  1. any User-generated Content that you contribute to the Site(s);
  2. your use or misuse of the Site(s) or any Content or Services;
  3. any person's use of any account or password provided to you relation to the Site(s), regardless of whether you have authorized this use;
  4. your breach of these Terms of Use; and
  5. your breach of any law or regulation, or any rights of any person or entity, including the infringement of any intellectual property rights.

15.INTELLECTUAL PROPERTY INFRINGEMENT

15.1 Operator will investigate and respond to claims of intellectual property infringement.

15.2 You agree that the Site(s), the Content and the Services contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark or patent or other proprietary rights of Operator. Except as expressly provided, nothing in the Terms of Use or within any of the Services will be construed as conferring any license under any of Operator’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise.

15.3 You will not adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Site(s). You will not copy, modify, alter, remove, or deface any of the trademarks, service marks, or other proprietary content, information or materials displayed or made available through the Site(s), or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available on the Site(s).

15.4 Names, phrases, words, titles, logos, icons, graphics, images or designs used throughout the Site(s) and the Content and the Services may be trade names, registered or unregistered trademarks or services marks (the “Marks”) of Operator, its subsidiaries, affiliates or licensors, or other entities and individuals. The Marks are protected by Canadian and international trademark and other laws. Any use of any of the Marks without the express written consent of the owner of the Mark is strictly prohibited.

15.5 You acknowledge that, in the event of any third party claim that your use of the Site(s), Content or Services infringes a third party’s intellectual property rights (an “Infringement Claim”), you will promptly advise Operator. In the event of any Infringement Claim, you agree to provide, at Operator's cost, all reasonable assistance requested by Operator in Operator's defense or settlement efforts and Operator shall, in its sole discretion, have the sole authority to defend or settle such claim. In connection with any Infringement Claim, Operator may, at its expense and sole option, obtain for you the right to continue using the Site(s), Content or Services, or replace or modify the Site(s), Content or Services, so that your use becomes non-infringing.

15.6 Notices of claimed infringement should be directed to:

Ontario Bar Association
300-20 Toronto St.
Toronto, ON M5C2B8
Attention: Office of the Executive Director
Fax: 416-869-1390
Email: info@oba.org

Please put "Notice of Infringement" in the subject line of your notification. Include a detailed description of the materials that are alleged to be infringing, as well as the proprietary rights that you allege are being infringed.

16.MODIFICATIONS

16.1 Operator reserves the right, in its sole discretion, to modify these Terms of Use from time to time, and at any time, with or without prior notice to you. When Operator modifies these Terms of Use, Operator will:

  1. post the updated version of the Terms of Use on the Site(s) together with the date on which modifications were made; and
  2. for at least four weeks following any change to the Terms of Use, post a notice that the Terms of Use have been updated on the login page for the Site.

As well, Operator may, but is not obliged to, ask you to actively confirm your consent to the revised Terms of Use. If Operator does not do so, but you continue to use the Site(s) after the changes come into effect, we will deem that you have agreed to abide by the revised Terms of Use.

If you do not agree with the revised Terms of Use, do NOT log in. Discontinue using the Site(s) and instruct Operator to disable any password for the Site(s) assigned to you.

16.2 Operator reserves the right, in its sole discretion, to change or modify the Site(s), the Content, the User-generated Content and/or the Services from time to time. This includes, but is not limited to, adding or removing functionality or features or changing its name. Operator may change the Site(s), the Content, the User-generated Content and/or the Services without providing you prior notice.

17.VIOLATIONS OF THESE TERMS OF USE

17.1 Should you violate these Terms of Use or Operator’s other rights, Operator reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Site(s).

17.2 If you are aware of any violations of these Terms of Use, please report them to:

Ontario Bar Association
300-20 Toronto St.
Toronto, ON M5C2B8
Attention: Office of the Executive Director
Fax: 416-869-1390
Email: info@oba.org

Please put "Notice of Violation" in the subject line and include a reasonably detailed description of the alleged violation.

18.TERM AND TERMINATION

18.1 These Terms of Use will continue in effect for as long as you use the Site(s), unless Operator or you specifically terminate earlier. You may terminate your agreement with these Terms of Use at any time by instructing Operator in writing to disable your password for the Site(s) and by discontinuing all use of the Site(s). Your notice should be sent, in writing, to the address set out in section 17.2. In addition to any other termination rights that Operator may have, Operator may terminate its agreement with you if:

  1. you breach any provision of these Terms of Use or clearly intend to do so;
  2. Operator is required to do so by law; or
  3. Operator is no longer making the Site(s) available in the jurisdiction from which you access it.

18.2 Upon the termination or expiration of these Terms of Use, you will stop using the Site(s), all Content and all Services.

18.3 Those sections which by their nature should survive the termination or expiration of these Terms of Use will survive termination or expiration, including but not limited to sections 1.1, 2.3, 2.7, 2.8, 5.2, 5.3, 6, 7.1, 7.2, 7.3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20.

19.OTHER

19.1 These Terms of Use constitute the complete and exclusive agreement between you and Operator with respect to its subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter.

19.2 No term of these Terms of Use will be deemed to be waived by reason of any previous failure to enforce it. No term of these Terms of Use may be waived except in writing and signed by the party waiving enforcement.

19.3 Should any provision of these Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

19.4 Operator and you are independent contractors. These Terms of Use will not establish any relationship of partnership, joint venture, employment, franchise or agency between Operator and you. Neither Operator nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided in these Terms of Use.

19.5 These Terms of Use, your use of the Site(s), the Content and the Services, and all related matters will be governed solely by and construed in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein, without regard to the conflict of laws provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings arising from, or related to, the Terms of Use, your use of the Site(s), the Content or the Services.

19.6 Operator will not be liable for any failure or delay in its performance under these Terms of Use due to any cause beyond its reasonable control.

19.7 Operator may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not resell, assign, sub-license or otherwise transfer your rights or delegate your duties under these Terms of Use, either in whole or in part, without Operator’s prior written consent.

19.8 Operator will give you notice or other significant communication pursuant to these Terms of Use in writing. It will be addressed to the email address or address that you provided to Operator when registering and sent to you by email or by a nationally recognized overnight courier. Any notice or other significant communication that you wish to give to Operator pursuant to these Terms of Use will be in writing and sent to Operator at the address listed on the Site in the Contact Us section, or by fax or nationally recognized courier. Notices will be deemed to have been received one business day following:

  1. email transmission by Operator to you;
  2. deposit with a globally recognized overnight courier service, all delivery charges pre-paid; or
  3. transmission if sent by facsimile and receipt confirmed by the facsimile machine used.

19.9 No provision of these Terms of Use will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout these Terms of Use, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation.”

19.10 The Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns.

20.LANGUAGE

20.1 The Parties have expressly required that these Terms of Use and any communication hereunder be drafted in the English language. Les parties ont expressément éxigé que le présent accord and toute communication ci-après soient rédigés dans la langue anglaise.

Approved September 14th, 2016