Canada’s Intellectual Property Law Firm

ACCEPTANCE

These Terms of Use (“ToU”) set out the terms and conditions under which you may access and use the Smart & Biggar website (the “Website”) and any material made available on or through the Website (the “Content”). The ToU form a legally binding agreement between you and Smart & Biggar LLP.  By accessing or using the Website you accept and agree to be legally bound by the ToU. If you do not agree to be bound by the ToU, please do not access or use the Website.

Smart & Biggar LLP and Smart & Biggar IP Agency Co. (individually and collectively “Smart & Biggar”) reserve the right to revise the ToU at any time and it is your responsibility to check for such updates. Access to or use of the Website constitutes acceptances of the ToU applicable at that time. 

 

LAWYER-CLIENT RELATIONSHIP NOT CREATED

Your access to or use of the Website does not create a lawyer-client, patent agent, trademark agent, advisory, fiduciary or other relationship between you and Smart & Biggar or between you and any Smart & Biggar member. Your use of the Website may facilitate communications with Smart & Biggar members by way or e-mails or otherwise – but such communications do not create a lawyer-client, advisory, fiduciary or other relationship.

WEBSITE CONTENT - LEGAL ADVICE NOT PROVIDED

Content provided by way of the Website is for general information purposes only. It is not, and should not be taken as legal advice or opinion of any kind.

The Website is updated regularly, and we may change or include new Content from time to time.   However, Content or any part therof may be out of date at any given time, and we are under no obligation to update such Content nor provide any indication of its currency.

You should not act, or fail to act, based solely upon the materials made available on the Website. You may contact a Smart & Biggar professional (or other legal counsel) to discuss any specific legal concerns you may have.

COMMUNICATIONS NOT CONFIDENTIAL

The transmission of any material over the internet or any other network is subject to potential loss, interception or alteration.  Smart & Biggar cannot guarantee the security and confidentiality of any communications made to, from, or through the Website and does not guarantee that any such communications are protected by privilege. Smart & Biggar does not assume any responsibility or risk for your use of the internet. If you wish to provide confidential or sensitive information to a member of Smart & Biggar, please contact them directly by telephone.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SMART & BIGGAR, ITS PARTNERS, EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS, OR ANY OTHER MEMBER, BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR DAMAGES OR LOSSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, FINES, FEES, PENALTIES, AND PERSONAL INJURY), RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE AND THE CONTENT. THE FOREGOING LIMITATION SHALL APPLY WHETHER OR NOT SMART & BIGGAR KNEW OR OUGHT TO HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF  MERCHANTABILITY, QUALITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO WARRANTY OR REPRESENTATION IS MADE THAT: (I) THE WEBSITE AND THE CONTENT IS COMPATIBLE WITH YOUR ELECTRONIC DEVICE AND/OR SOFTWARE; (II) THE WEBSITE AND THE CONTENT IS ACCURATE, CURRENT OR COMPLETE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE WITHOUT INTERRUPTION, ERRORS OR OMISSIONS; (IV) THAT DEFECTS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ACCESS TO AND USE OF THE WEBSITE.

RELEASE AND INDEMNITY

To the extent permissible under law, you agree to indemnify and hold harmless Smart & Biggar and its members from and against any claims, demands, liabilities, damages, and expenses (including all legal fees and disbursements), arising out of: (i) your use of the Website and the Content; (ii) your breach of any provision of the ToU; or (iii) your violation of any rights of another. Smart & Biggar reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations, and you agree to cooperate, at your cost, with our defense of any such matter.

PRIVACY POLICY

Smart & Biggar treats Personal Information that you submit on or through the Website in accordance with this Privacy Policy. Please read carefully the Privacy Policy, which sets out the privacy policies and practices of Smart & Biggar. By accessing or using the Website or by providing your Personal Information on or through the Website, you acknowledge and consent to the use of your Personal Information by Smart & Biggar in accordance with the terms in the Privacy Policy current at that point in time.

LIMITED RIGHT

Subject to the terms and conditions of these ToU, you are granted a limited, fully revocable, non-transferable and non-exclusive right to access and use the Website for your personal, non-commercial use. This limited right is automatically revoked upon termination or expiration of the ToU, whichever occurs first.

No Unlawful or Prohibited Use

The Website and Content (including, but not limited to, text, graphics, photos, illustrations, software, videos, trademarks, and logos) are protected by copyright, trademark and other intellectual property laws throughout the world, and are owned by Smart & Biggar and/or its licensors, or the party accredited as the provider or owner.  You acquire absolutely no rights or licenses to the Website or Content apart from the limited right to access and use them in accordance with these ToU. As such, any use, including, but not limited to, reproduction, retransmission, distribution, modification, translation of, or creation of  derivative works based on, the Website or the Content, in whole or in part, and any disassembly, reverse engineering or other exploitation of the Website or the Content, is strictly prohibited without prior written permission.

You acknowledge and agree that you will not use the Website and the Content for any unlawful or improper purpose.

LINKING

The Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page at www.smartbiggar.com. The linking must be fair, and in no way derogatory, defamatory or otherwise harmful.  The linking must not damage our reputation or take advantage of it.  Moreover, the link must not suggest any form of association, approval or endorsement by Smart & Biggar, where none exists. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of Content on the Website other than that set out above, please address your request to marketing@smartbiggar.ca.

LINKS FROM OUR WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have not reviewed these third party websites and we have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Website, you do this entirely at your own risk.

LINKS TO THIRD PARTY SITES

The Website may contain links to third party websites. Smart & Biggar does not endorse the information contained in those websites nor does it make any representation or warranty of any kind regarding any third party website including, but not limited to, the quality, accuracy, reliability, completeness, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under the control of Smart & Biggar and as such, your choice to access any such website is done entirely at your own risk.

GOVERNING LAW AND JURISDICTION

Notwithstanding any conflict of laws principles or your domicile, residence or physical location, you acknowledge and agree that the laws of the province of Ontario and the federal laws of Canada shall govern the access and use of the Website, as well as the interpretation, effect and validity of the ToU. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario with respect to any legal proceeding related to the Website and agree not to commence any such proceeding except in Toronto, Ontario, Canada.

TERMINATION

Smart & Biggar may at any time, without notice, terminate your right to access and use the Website. Smart & Biggar shall not be liable to any party for such termination. The restrictions imposed on you with respect to the Website and the Content as set out in this ToU, shall survive any such termination.

ENTIRE AGREEMENT

These ToU, including any documents referenced herein, constitutes the entire agreement between you and Smart & Biggar with respect to your access and use of the Website and the Contents and supersedes all prior or contemporaneous agreements or communications between you and Smart & Biggar or any of its members with respect to the Website or the Contents. No delay or omission by Smart & Biggar in enforcing the performance of any provision of this ToU shall be construed as a waiver of the provision or any right to subsequently enforce the provision. If any of the provisions in the ToU are determined to void, or for any reason unenforceable, you agree that the remaining provisions remain in full force and effect. The section titles used in the ToU are for convenience only and have no legal or contractual effect. 

RESERVED RIGHTS

© 2019 Smart & Biggar LLP. All rights reserved. No part of the Website or the Content may be reproduced, modified, distributed, sold, republished, broadcast, or circulate in any form without the prior written consent of Smart & Biggar, except to the extent that such use is for your personal non-commercial use, provided that you maintain all copyright, trademark and other notices. All copies must include this copyright notice.

Smart & Biggar and the Smart & Biggar logo are trademarks of Smart & Biggar LLP. Our trademarks may be registered or unregistered in Canada and in other countries as applicable. Any use of such trademarks, except as expressly provided for herein, is strictly prohibited without the express written consent of Smart & Biggar LLP. Certain trademarks of third parties may be used by Smart & Biggar under licence, but the display of such third party trademarks on the Website should not be interpreted to imply that Smart & Biggar endorses the wares or services of such third parties.


V1.0 – August 2019