Website Use Agreement

Mason Bennett Johncox Professional Corporation Website Use Agreement

1. Your Acceptance of this Agreement

This is an Agreement (the “Agreement”) between you and Mason Bennett Johncox Professional Corporation ("MBJ"), and governs your use of the MBJ Website and its content (collectively the "Website"). By accessing or using the Website you (which includes any person you purport to represent) agree to be bound by the Agreement (for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.  If you do not agree to be bound by and comply with this Agreement you are not permitted to access or use the Website.

The Website may be used only by persons who are at least 19 years old and can form legally binding contracts under applicable law. 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.

2. Modifications to and Currency of Content

MBJ reserves the right to modify the Website at any time.  If you use the Website after any such modifications, you agree to be bound by, and comply with, the matters addressed in the Website.  If any such modification is unacceptable to you, you agree to cease using the Website.

The Website is provided solely for informational purposes.  The information in the Website is current as of the date of first publication but may no longer be accurate as a result of the passage of time, changes in the law or subsequent court decisions.

3. No Lawyer-Client Relationship

No lawyer-client, advisory, other professional-client or fiduciary relationship is created by this Agreement or your use of the Website or your communication with an MBJ professional by e-mail or through the Website.

4. No Professional Advice

The Website is for convenience and informational purposes only. The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; legal or any other kind of advice; or an offer to sell or buy any product or service. The Website does not constitute legal or other professional advice.  You should seek specific legal advice by contacting MBJ or your own legal counsel in relation to your specific legal issue before acting or omitting to act based upon any information provided on or though the Website.

The Website may not be used to request legal advice or to transmit to MBJ any confidential information. Information transmitted to MBJ through the Website may not be secure, may not be treated as confidential or protected by lawyer-client privilege, and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or e-mail unless you take appropriate precautions, such as the use of encryption.

5. Disclaimer and Liability Exclusion

MBJ DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE Website. THE Website IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY MBJ TO THE FULLEST EXTENT PERMITTED BY LAW.  ACCESS TO AND USE OF THE Website IS AT YOUR OWN RISK. THE Website IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS MBJ WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE Website BY YOU OR ANY OTHER PERSON.  

6. Risks You Assume

Access to, and use of, the Website are done at your own risk.  MBJ does not represent, warrant or guarantee that the Website will be compatible with your computer systems or that the Website will be free of viruses, worms and/or disabling devices that may have harmful effects on your computer system.

7. Personal Information Privacy

MBJ collects, uses and discloses your personal information in accordance with the Mason Bennett Johncox Professional Corporation Privacy Policy (the “Policy”). By accepting this Agreement, and each time you use the Website, you consent to MBJ's collection, use and disclosure of your personal information in accordance with the Policy as it then reads without any further notice or any liability to you or any other person.

8. Ownership and Permitted Use of the Website

Copyright © 2010 Mason Bennett Johncox Professional Corporation. All rights reserved. The Website, including all of its content, is the property of MBJ and others, and is protected by Canadian copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. 

The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. 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 MBJ.

9. Trademark Information

CHECKMATE™, BE WELL ADVISED™, and the LOGO DESIGN are trademarks, tradenames and servicemarks owned by MBJ. Other product and company names and logos appearing on the Website may be registered or unregistered tradenames, trademarks and servicemarks of their respective owners. Any use of the tradenames, trademarks, servicemarks and logos displayed on the Website (collectively "Marks"), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

10. Other Sites

The Website may, for your convenience, provide links to other websites or resources and businesses operated by other persons.  The content in any website to which the Website provides a link is not provided by, or under the control of, MBJ, and if you choose to access any such website, you do so entirely at your own risk.  

11. No Framing, Mirroring, Scraping, Data-Mining and Postings

You may provide a link (but not a framed link) to this site from any other Website, but not (save with our prior written agreement) in any way which creates the impression that we are associated with or have approved such other site. If you choose to link to our site, you must acknowledge the source (a clearly-visible adjacent link to www.whitbylawyers.com is sufficient attribution).  MBJ reserves the right to require you to disable such link.

Apart from this, you may not reproduce or store any part of this site on any other Website without our prior consent. To request permission or consent, please contact MBJ at ajohncox@whitbylawyers.com.

12. Termination of this Agreement and the Website

If you breach any provision of this Agreement, you may no longer use the Website. MBJ may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it, or your permission to use the Website, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the Website is terminated by you or MBJ for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website; and (b) MBJ may continue to use and disclose your personal information in accordance with the Mason Bennett Johncox Professional Corporation Privacy Policy as amended from time to time.

13. Governing Law and Dispute Resolution

The interpretation, validity, effect and enforcement of this Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of Ontario and all applicable federal laws of Canada. Any dispute between MBJ and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Oshawa, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.

14. Other Matters

This Agreement (including any documents referred to herein), including any changes made to this Agreement from time to time, constitutes the entire agreement between you and MBJ relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and MBJ with respect to your use of the Website. 

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. 

The provisions of this Agreement will enure to the benefit of and be binding upon each of MBJ and its successors and assigns and related persons, 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 MBJ which may be withheld in MBJ's sole discretion. MBJ 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. 

This Agreement and all other related documents shall be written in the English language. 

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