Terms of Use

Last Modified: June 24, 2014

1.      Legal Agreement

These Terms of Use (“Terms”) constitute a legal agreement between Dawn Wattie Law Corporation (“DWLC”), the owner of the www.dawnwattielawcorp.com website (the “Website”), and you.

BY USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY DWLC’S TERMS OF USE. EACH TIME YOU ACCESS AND USE THE WEBSITE, YOU SIGNIFY YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS SET OUT BELOW.

IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR DO NOT WISH TO BE BOUND BY THE TERMS THEN DO NOT ACCESS OR USE THE WEBSITE.

2.     Acceptance

By accessing and using the Website, you are signifying your acceptance of these Terms.

 3.     Not Legal Advice

The information and content available on the Website is for informational purposes only. It is not or should not be taken as legal advice. You should not rely on or take or fail to take any action based on this information and you should not ever disregard professional legal advice or delay seeking advice as a result of something you have read on this Website.

4.      No Lawyer-Client Relationship

The presentation of information of this Website or your use of or your reliance on such information does not constitute a lawyer-client relationship between you and DWLC. Information provided over the Internet is generally never secure and therefore on that basis alone should not be relied upon.

5.      Purpose

The purpose of this Website is provide information concerning DWLC and the legal services provided by DWLC. All information and content provided on the Website is for informational purposes only and is not intended to provide or used as legal advice by any user of the Website. Users to the Website should not rely in any manner on the information provided on the Website and should seek legal advice from legal counsel.

All information and content provided on the Website is for informational purposes only and is not intended to be used by any user of the Website for any other commercial purpose in any manner without the express written consent of DWLC.

 6.     Commercial Electronic Messages (“CEMs”)

 DWLC will only send CEMs, such as emails, in accordance with Canada’s Anti-Spam Legislation (“CASL”). DWLC does not permit any user of the Website to use the Website to send CEMs.

The Website has a “Contact Us” feature. In the event that you send a request, inquiry or complaint through this feature concerning DWLC, DWLC will respond in compliance with CASL. A CEM sent to you in response to a request, inquiry or complaint will be limited to directly addressing that request, inquiry or complaint, subject to the inclusion of additional information that a person could reasonably expect to receive as a result of that request, inquiry or complaint. If you submit a request, inquiry or complaint through the Website, this will not constitute consent for further CEMs and DWLC will only ever CEMs in accordance with CASL.

You may subscribe to the DWLC newsletter through the Website. As the DWLC newsletter is a CEM, you will only receive the DWLC newsletter if we receive your express consent. To subscribe to the newsletter through the Website, you must use the “Subscribe” feature on the Website homepage. You must enter your email address to subscribe to the DWLC newsletter. You will receive an email to confirm registration. You can unsubscribe to the newsletter at any time by clicking the unsubscribe link in any newsletter email or by contacting dawn.lawyer@dwlc.ca with your request. Your unsubscribe request will be processed within 10 business days of receipt.

For questions regarding DWLC’s CASL policies, please contact us at 2-15621 Marine Drive, White Rock, BC V4B 1E1 or (604) 385-3952.

7.      Right To Change Terms

DWLC reserves the right to add to, remove, update and/or otherwise change any part of these Terms from time to time without notice and such amendments or changes shall be effective as of the date in which they are posted on the Website. You should check these terms and conditions frequently for changes by checking the date this page was last updated at the top of the page. Your continued access and use of the Website after the date of changes signifies your acceptance of the revised Terms.

 8.      Right to Terminate or Suspend Website

DWLC may terminate, change, suspend or discontinue any aspect of the Website at any time without notice including, but not limited to: (a) the availability of features; (b) the content of the Website; or (c) certain features on the Website. DWLC may restrict access to all or parts of the Website at any time. DWLC reserves the right, but has no duty or obligation, to correct any errors or omissions in any portion of the Website.

 9.      Intellectual Property and Ownership

9.1     With the exception of third party advertising or third party links, DWLC owns exclusively all information and screens appearing on the Website, including all designs, graphics, text elements, site design, logos, images, buttons, and icons. DWLC also exclusively owns the selection, assembly, and arrangement of all information and screens appearing on the Website, including any and all intellectual property rights, such as copyright, trademarks, and other proprietary information. All third party advertising belongs to the respective owner and shall not be used by a user for any purpose without the express written permission of the respective owner.

9.2     The look and feel of the Website is copyright © 2013 DWLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without the express written permission of DWLC.

9.3     DWLC and its logo are the property of DWLC. Certain other trademarks, trade names and logos on the Website and on any products or services DWLC offers through the Website are the property of the respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property and shall result in immediate termination of your rights to use the Website.

9.4     All content, except user content, that forms part of the Website is subject to intellectual property rights, including copyright and trademarks held by or licensed by DWLC. All rights are expressly reserved. The Website displays copyright and other proprietary notices. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including images, text, and page layout, or use any meta tags or any other hidden text utilizing our name or trademarks without the express written permission of DWLC.

9.5     You may not use any DWLC logo or other proprietary graphic or trademark design as part of any link without the express written permission of DWLC.

9.6     Copyright law, trademark law and other intellectual property and proprietary rights legislation or common law, as well as international copyright treaties and multilateral and bilateral agreements, protect this Website. Unauthorized reproduction of the Website, or any portion of the Website, may result in severe civil and criminal law penalties.

9.7     You agree not to challenge or assist others to challenge any DWLC marks and or registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to any DWLC marks. DWLC respects the intellectual property of others and we ask our users to do the same.

 10.     Unauthorized Use of Website

You agree that your use of the Website is subject to the following restrictions. In the event that you breach any of the restrictions of use, DWLC has the right to immediately suspend your access to the Website.

10.1   You must not modify, adapt or hack the Website or modify another website so as to falsely imply that it is associated with the Website and DWLC.

10.2    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without the express written permission of DWLC.

10.3    You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages on the Website.

10.4    You must not transmit any worms or viruses or any code of a destructive nature through the Website.

10.5    You must not use or post any third party content on the Website.

10.6    You must comply with DWLC’s linking requirements if you link to any website owned or controlled by you. The linking requirements are as follows: (i) the link must be established to a page of the website approved by DWLC; (ii) the link may not misrepresent your relationship with DWLC or present false or misleading impressions about DWLC or its services and/or Website; (iii) the link may not contain content that may be interpreted as distasteful or offensive; (iv) DWLC shall have no responsibility or liability for any content appearing on your website; (v) DWLC may at any time, in its sole discretion, immediately terminate your link to your website, with or without cause.  If DWLC exercises this right to terminate, you will immediately remove all links to your website.

10.7    Except as permitted under these Terms, you must not use any frame or mirror of any content or images from the Website to any other server or Internet-based device or use any images, including the use of thumbnails, copying, saving or recreating images or thumbnails, for any other purpose outside the Website without the express written permission of DWLC.

10.8    You must not sell, transfer, copy, distribute, redistribute, or recompile the Website without the express written permission of DWLC.

10.9    You must not use any information or material from the Website in any manner or engage in any activities including any and all use of the trademarks or copyright works contained on the Website that infringes on any third party copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

10.10   You do not acquire any right, title or interest in the Website through use of the Website and you agree to abide by copyright and other proprietary notices contained in the Website.

10.11   You must not distribute to or otherwise disseminate through the Website or any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights, including intellectual property rights, of any other person or entity.

10.12   You must not use the Website to engage in activities or provide information that is false, inaccurate or misleading or to provide fraudulent or involve sale of counterfeit or stolen items.

10.13   You must not provide information or participate in activities that will result in the transfer to the Website of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs and other computer programming routines that may damage, harm, interfere or expropriate any of the Website’s systems, programs, content, information or applications or use tracking and or monitoring of functionality in connection with the Website, including, without limitation, to identify other users’ views, actions or other activities on the Website.

10.14   You must not bypass any measures that we have taken to restrict access to the Website without the express written permission of DWLC and you shall not engage in activities that would interfere with the operation of the Website or Website activities.

10.15   You must not deep link or employ software or any automatic device, technology or algorithm that use any robot, spider, scraper or other automated means to access the Website.

10.16   You must not impose an unreasonable load on the Website’s infrastructure that would affect the operation of the Website.

10.17   You must not advertise to, or solicit to buy or sell any products or websites through the unauthorized or impermissible use of the Website or to send unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications through the Website.

10.18   You must not circumvent or modify or attempt to circumvent or modify or encourage or assist any third party in circumventing or modifying any security technology or software that is part of the Website or to cover or obscure online advertisements or safety features of pages of the Website.

10.19   You must not attempt to impersonate another user, person or entity or DWLC representative in your use of the Website or attempt to sell or otherwise transfer your rights to another third party.

10.20   You must not use or distribute any information from the Website to or attempt to harass, abuse or harm another person or entity.

10.21   You must not use any computer program or system to harvest information including addresses or other data of users from the Website for any purpose unrelated to the Website.

10.22   You must not directly or indirectly engage in activity such as click throughs in a coercive, misleading, malicious or fraudulent manner.

10.23   You must not upload, download, post, email or otherwise transmit content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate local, provincial, federal or international law or infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of third party or contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

10.24   You must not use JavaScript, active or other coding, repetitive posts or other actions that interfere with the Website’s operations.

10.25   You must not post content that violates these Terms or disrupts or interferes with the security of, or otherwise abuse, the Website or system resources, accounts, servers, or networks connected to or accessible through the Website.

10.26   You must not access, tamper with or use non-public areas of the Website or disrupt or interfere with any other user’s enjoyment of the Website.

10.27   You must not knowingly disable any such technology or tool embedded in the Website. You may not remove any copyright or other proprietary notices contained in the content on the Website, caption information, or any other material on the Website.

 11.     Liability, Warranties, Representations and Indemnification

11.1    Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis and DWLC disclaims any and all other warranties and representations including that. Specifically, DWLC does not warrant that (i) the Website will meet your specific requirements, (ii) the Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Website will be accurate or reliable, (iv) the quality of any products, services, websites, information, or other material purchased or obtained by you through the Website will meet your expectations, and (v) any errors in the Website will be corrected.

11.2    UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL DWLC BE LIABLE FOR ANY GENERAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. SOME PROVINCES DO NOT ALLOW FOR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  ALTHOUGH CERTAIN PROVINCIAL LAWS MAY NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, DWLC RELIES ON SUCH DISCLAIMERS AND LIMITATIONS TO THE GREATEST EXTENT ALLOWABLE BY LAW.

11.3    To the extent permitted by the laws of your jurisdiction, you agree to indemnify DWLC from and against all claims, liability and expenses, including legal fees and costs, arising from any unauthorized use of the Website by you or from a substantial breach of these Terms. DWLC reserves the right, in its sole discretion and at its own expense, to defend any action or claim and you agree to co-operate fully with any such defense.

12.     Termination

Any breach of these Terms by you will result in your right to use the Website being terminated. The obligations in Clauses 9 and 11 of these Terms survive the termination of this agreement.

 13.     Third Party Advertisers

 The Website may contain links from other third party websites and all such websites are independent of the Website. DWLC has no control over these third party websites and assumes no responsibility or obligations for such third party websites. The provision of such links does not constitute any endorsement of such linked websites, their content or information appearing on the Website or any products.

 14.     Privacy

In your use of the Website, you agree to abide by our Privacy Policy. You also agree that DWLC will collect and use your personal information in accordance with our Privacy Statement.

 15.    No Assignment

Your rights under these Terms cannot be assigned.

 16.     Waiver

The failure of DWLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 17.    Binding Agreement

These Terms constitute a binding agreement between you and DWLC and govern your use of the Website.

18.     Jurisdiction

The Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world.  As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing this Website, you agree that all matters relating to access to, or use of, the Website, or any other hyperlinked website shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.

 19.     Severability

In the event that any term or condition in these Terms is found invalid by a court of competent jurisdiction, the invalid term or condition is severed and the remaining terms and conditions continue in full force and effect.

 

Contact Information

DWLC

2 – 15621 Marine Drive

White Rock, BC V4B 1E1

Email: info@dwlc.ca