Terms of Use

The following terms of use agreement governs the terms of use of this website and any material provided on it (the “Website”).

The Website and all articles and/or other information contained in it are distributed with the understanding that they do not constitute legal advice or establish a solicitor/client relationship. The content is intended for general information purposes only and under no circumstances can it be relied upon for legal decision making without first consulting with a lawyer and obtaining a written opinion concerning the specifics of your particular situation.

Acceptance

  • This terms of use agreement (“Agreement”) is a legal agreement between you and Kimberley A. Cunnington-Taylor (“Kim”), the owner and operator of the Website.
  • The Agreement sets out the terms and conditions under which you may access and use the Website.
  • By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement.
  • If you do not accept these terms and conditions, you must not access or use the Website.
  • Kim may revise this Agreement at any time by updating this posting.
  • Use of the Website after such changes are posted will signify your acceptance of these revised terms.
  • You should visit this page periodically to review this Agreement.

My Qualifications

  • I am qualified to practice law in Ontario, Canada.

Not Legal Advice

  • Information on the Website is for information purposes only.
  • The articles and other information on the Website are not intended to be a complete statement of the law and are not a substitute for legal advice.
  • You should not rely on, or take or fail to take any action, based upon any information on the Website.
  • Never disregard professional legal advice or delay in seeking it because of something you have read on the Website.

No Lawyer-Client Relationship

  • Visiting the Website, reading an article on the Website, or sending Kim an e-mail does not create a lawyer-client, advisory, fiduciary or other relationship between you and Kim.
  • Kim cannot guarantee the security or privacy of any communication to or from the Website.

Copyright

  • The content of the Website is protected by copyright law, and is owned by Kim, and her licensors, or the party accredited as the provider of the content.
  • Except as granted in the limited licence set out below, any use of the content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of the content, whether in whole or in part, is prohibited without the express prior written consent of Kim.

Limited Licence

  • Subject to the terms and conditions of this Agreement, you are hereby granted a limited, 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 of the Website for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such content.

Web Links

  • The Website contains links to third-party websites.
  • These links are provided solely as a convenience to you and not as an endorsement by Kim of the contents of the third-party websites.
  • Kim is not responsible for the content of any third-party website, nor does she make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, or suitability of any content on any third-party website, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites, and (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

Limitation of Liability

  • Subject to applicable law, in no event shall Kim, or her associates, employees, agents, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, 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 or the content thereof, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.
  • The foregoing limitation shall apply even if Kim knew of or ought to have known of the possibility of such damages.

Disclaimer of Warranties

  • The Website and the information provided on the Website is provided “as is” and you use it at your own risk.
  • The information on the Website is intended to be timely and accurate but the law evolves and information can become out-of-date quickly.
  • No representations or warranties are made regarding the Website and/or its content including, without limitation, no representation or warranty that (i) the Website or its content will be accurate, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Website will be uninterrupted or error-free, (iii) that defects or errors in the Website or its content will be corrected, (iv) that the Website will be free from viruses or harmful components, and (v) that communications to or from the Website will be secure and/or not intercepted.
  • You acknowledge and agree that you are using the Web site at your own risk and liability.

Security

  • Any information sent or received over the Internet is generally not secure.
  • Kim cannot guarantee security of any communication to or from the Website.

Trade Marks

  • Names, words, titles, phrases, logos, designs, graphics, icons and trade marks displayed on the Website may constitute registered or unregistered trade marks of Kim or third parties.
  • While certain trade marks of third parties may be used by Kim under licence, the display of third party trade marks on the Website does not imply any relationship or licence between Kim and the owner of said trade mark or to imply that Kim endorses the wares, services or business of the owner of the said trade mark.

Governing Law and Jurisdiction

  • The Website is operated by Kim from her offices in Ontario, Canada.
  • By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to conflict of laws principles.
  • 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 the Website.

Termination

  • Kim may, in her sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice.
  • In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination.
  • The restrictions imposed on you with respect to both the content of and the Website itself set out in the Agreement shall survive.
  • Kim shall not be liable to any party for such termination.

Entire Agreement

  • This is the entire agreement between you and Kim relating to your access and use of the Website and the content on the Website.

Severability

  • If any term or provision of the 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.

Last Updated: June, 2021
© 2021, Kimberley A. Cunnington-Taylor