Option B: OBA websites only
2. ACCEPTANCE OF TERMS
2.2 You acknowledge that:
2.3 By accessing or using the Site(s) in any manner, you represent, warrant and covenant that:
- 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
- if a minor for whom you are legally responsible accesses or uses the Site(s), you agree to be fully responsible for:
- the conduct, use or misuse of such minor;
- supervising and controlling the minor’s access to and use of the Site(s); and
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:
- register as a Site user (a “User”); and
- you have no ownership rights in the Site(s); and
- you only have a limited license to use the Site(s).
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:
- attempt to gain access to any portions of the Site(s) that you are not authorized to access;
- use the Site(s) to impersonate, falsely state or misrepresent your affiliation with any person or entity;
- when posting any materials to the Site(s), forge headers or otherwise manipulate identifiers to create the impression that another person posted the materials;
- 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);
- access the Site(s) through any automated means (for example, bots or web crawlers);
- 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;
- adapt, translate, modify, decompile, disassemble or reverse engineer any aspect of:
- the Site(s); or
- any software or technology used in connection with the Site(s) or downloaded from the Site(s);
- violate any applicable local, provincial, state, national or international law or regulation (including any laws relating to the export of data or software); or
- 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.
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).
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”).
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.
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:
- transmit User-generated Content over various networks; and
- 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:
- 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
- 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.
6.6 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:
- 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;
- solicits from other users any passwords or personal information for commercial or unlawful purposes;
- 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;
- promotes illegal activity, including providing instructions on how to conduct illegal activity;
- 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
- 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:
- 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:
- is not responsible for the availability of external resources;
- does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials on external resources or available from them;
- 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).
10.1 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:
- agree that the Feedback is not confidential; and
- 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.
- 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;
- ANY WARRANTIES OF TITLE;
- ANY WARRANTY OF NON-INFRINGEMENT;
- 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:
- WILL BE AVAILABLE AT ALL TIMES;
- WILL OPERATE WITHOUT ERRORS;
- WILL BE CORRECTED WHEN DEFECTS OR ERRORS ARE PRESENT;
- WILL BE ACCESSIBLE REGARDLESS OF THE HARDWARE OR SOFTWARE THAT YOU WISH TO EMPLOY TO ACCESS IT;
- IS ABSOLUTELY SECURE; OR
- 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.
12.LIMITATION OF LIABILITY
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.
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.
14.1 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:
- any User-generated Content that you contribute to the Site(s);
- your use or misuse of the Site(s) or any Content or Services;
- 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;
- 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.
15.3 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
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.
16.2 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.
Ontario Bar Association
300-20 Toronto St.
Toronto, ON M5C2B8
Attention: Office of the Executive Director
Please put "Notice of Violation" in the subject line and include a reasonably detailed description of the alleged violation.
18.TERM AND TERMINATION
- Operator is required to do so by law; or
- Operator is no longer making the Site(s) available in the jurisdiction from which you access it.
- email transmission by Operator to you;
- deposit with a globally recognized overnight courier service, all delivery charges pre-paid; or
- transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
Approved September 14th, 2016