WEB SITE USER AGREEMENT
This version in effect since November 20th, 2003
1. Your Acceptance of this Agreement
This is an Agreement between you and Morley A. Levitt (“MAL”), and governs your use of the MAL Web site and its content (collectively the “Web Site”). Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, 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.
2. No Lawyer-Client Relationship
No lawyer-client, advisory, or fiduciary relationship is created by this Agreement or your use of the Web Site or your communication with a MAL professional by e-mail or through the Web Site.
3. No Professional Advice
The Web Site is for convenience and informational purposes only. The Web Site 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. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or though the Web Site.
The Web Site may not be used to request legal advice or to transmit to MAL any confidential information. Information transmitted to MAL through the Web Site 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.
4. Permitted Users and Access
The Web Site may be used only by persons who are at least 19 years old and can form legally binding contracts under applicable law. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited.
5. Disclaimer and Liability Exclusion
MAL DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEB SITE. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, 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 MAL TO THE FULLEST EXTENT PERMITTED BY LAW. MAL 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 WEB SITE BY YOU OR ANY OTHER PERSON.
6. Personal Information Privacy
7. Ownership and Permitted Use of the Web Site
Copyright © 2003 Morley A. Levitt. All rights reserved. The Web Site, including all of its content, is the property of MAL and others, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content.
The Web Site is made available to you for your lawful, personal, non-commercial use only. You may print or download Web Site pages for your personal, non-commercial use provided that you do not modify any of the Web Site 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 Web Site or its content for any other purpose or in any other way. In particular, the Web Site 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 MAL.
8. Trade-mark Information
Product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos displayed on the Web Site (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
9. Other Sites
For your convenience, the Web Site may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from MAL, and MAL 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.
10. No Linking, Framing, Mirroring, Scraping, Data-Mining and Postings
Links to the Web Site without the express written permission are strictly prohibited. To request permission to link to the Web Site, please contact MAL at firstname.lastname@example.org. The framing, mirroring, scraping or data-mining of the Web Site 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 Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site.
11. Termination of this Agreement and the Web Site
12. Governing Law and Dispute Resolution
This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between MAL and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of the Province of British Columbia sitting in the City of Vancouver, 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 Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
13. Changes to this Agreement
MAL may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Web Site from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
14. Other Matters
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and MAL relating to your use of the Web Site, and supersedes all previous agreements, written, oral or otherwise, between you and MAL with respect to your use of the Web Site.
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 MAL 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 MAL which may be withheld in MAL’s sole discretion. MAL 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. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais.