Terms of Use
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 18 years old, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in this Agreement, and to abide by and comply with them. 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 on 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 on 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.
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 or client portals.
5. Disclaimer and Liability Exclusion
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 (Warranty and Indemnity)
You agree that your use of the MBJ Website is at your sole risk. MBJ makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website. MBJ does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website or any hyper-linked website.
In no event shall MBJ, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, content or MBJ software.
You agree to defend, indemnify and hold harmless MBJ its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
- your use of and access to the MBJ Website;
- your violation of any aspect of this Agreement;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the MBJ Website.
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 © 2022 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 on the Website or its content.
The Website is made available to you for your lawful, personal, non-commercial use only. MBJ hereby grants you permission to use the Website in accordance with this Agreement, provided that:
- your use of the Website is solely for your personal use;
- you will not copy or distribute any part of the Website in any medium or manner inconsistent with this Agreement without MBJ's prior written consent;
- you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
- you will otherwise comply with the Agreement.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the MBJ servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MBJ grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. MBJ reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.
9. Trademark Information (Intellectual Property Rights)
The content on the MBJ Website, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, trade names, service marks and logos contained therein ("Marks"), are owned by or licensed to MBJ, subject to copyright and other intellectual property rights under Canadian law and international conventions. CHECKMATE™, BE WELL ADVISED™, and the LOGO DESIGN are trademarks, tradenames and servicemarks owned by MBJ. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. MBJ reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the MBJ Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MBJ Website or the Content therein.
10. Third Party Websites
The Website may, for your convenience, provide links to other websites or resources and businesses operated by other persons and are not owned or controlled by MBJ. MBJ assumes no responsibility for these third-party websites. By using the Website, you expressly discharge MBJ from any and all liability arising from your use of any third-party website.
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.mbjlawyers.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@mbjlawyers.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.