NOT LEGAL ADVICE: Information made available on the Website in any form is for information purposes only. It is not and should not be taken as legal advice. You should not rely on or take or fail to take any action based upon this information. No two situations are the same, and laws are constantly changing. Always seek current and up to date legal advice directly related to your situation, and never delay seeking legal or other professional advice because of something you have read on this Website. Thompson Dymond professionals will be pleased to discuss resolutions to specific legal concerns you may have, or will refer you to other professionals as appropriate.
NO LAWYER-CLIENT RELATIONSHIP: The presentation of information on this Website or your use of or reliance upon such information does not establish a lawyer-client relationship between you and Thompson Dymond or between you and any Thompson Dymond professional. Please also note that any information sent or received over the Internet is generally not secure. Thompson Dymond cannot guarantee the security or privacy of any communication (in any form) to the Website.
OWNERSHIP OF CONTENT: All materials displayed or otherwise accessible through this Website, including but not limited to text, graphics, videos, photos, trade-marks, logos and other materials (collectively, “Content”) are protected by copyright and trade-mark laws and are owned by Thompson Dymond or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Thompson Dymond.
LIMITED LICENCE: Subject to the Terms and Conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
LIMITATION OF LIABILITY: In no event shall Thompson Dymond, or its associates, employees, consultants, agents, or licensors(“Thompson Dymond Released Parties”) 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, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Thompson Dymond knew of or ought to have known of the possibility of such damages.
DISCLAIMER OF WARRANTIES: The Website and the Content is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. Thompson Dymond expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law. While Thompson Dymond endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that (i) the Website or Content will be accurate, reliable, 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 the Content will be corrected, (iv) that the Website will be free from viruses, malware, worms or other 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 Website and the Content, if applicable, at your own risk and liability.
RELEASE AND INDEMNITY: You hereby agree to release each of the Thompson Dymond Released Parties from, and in no event shall any or all of the Thompson Dymond Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Website (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website. You will indemnify and hold each of the Thompson Dymond Released Parties from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold the Thompson Dymond Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website.
SECURITY: Any information sent or received over the Internet is generally not secure. Thompson Dymond cannot guarantee security of any communication to or from the Website. Thompson Dymond does not assume any responsibility or risk for your use of the Internet.
GOVERNING LAW AND JURISDICTION: The Website is operated by Thompson Dymond from its offices within the Province of 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 federal laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the 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: Thompson Dymond may, in its 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 Content and the Website set out in this Agreement shall survive termination. Thompson Dymond shall not be liable to any party for such termination.
ENTIRE AGREEMENT: Except for any agreement in respect of Content, this is the entire agreement between you and Thompson Dymond relating to your access and use of the Website and the Content herein.
GENERAL: If any term or provision of this 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. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Thompson Dymond will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by Thompson Dymond. No delay or omission by Thompson Dymond in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Thompson Dymond’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Thompson Dymond’s right to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.