WEBSITE TERMS OF USE
Last update: December 1, 2023
Welcome to Marcil Lavallée’s website!
These Terms of Use (the “Terms of Use“) are a binding legal agreement between you and Marcil Lavallée (the “Parties“), which governs your access to and use of the website (Home – Marcil Lavallée (marcil lavallee.ca)) and the services offered therein (the “website“). This agreement is effective from the moment you access the website and remains in effect until terminated by either party in accordance with these Terms of Use or any other agreement you may have entered with us, as applicable. By accessing or using the website, you acknowledge that you have read and understood our Terms of Use and agree to be legally bound by them, our Privacy Policy, and our Cookie Usage Policy (collectively, the “Agreement”), in addition to complying with all applicable laws and regulations. If you do not accept these Terms of Use, you are not authorized to access or use the website, or the services offered therein.
When used in these Terms of Use, the words “the Company“, “we“, “us” and “our” refer to Marcil Lavallée, including its representatives, directors and employees, with whom you are entering into this Agreement. The terms “you” or “your” refer to the person accessing or using the website, whether as a visitor or a user. If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority or power to bind such legal entity to this Agreement, in which case “you” or “your” refers to such legal entity.
1. PRIVACY POLICY
Our Privacy Policy, which describes, among other things, our personal information handling practices (the “Privacy Policy“), is incorporated herein by reference and forms an integral part of this Agreement.
2. MODIFICATIONS
By accessing or using the website, you acknowledge and agree that these Terms of Use may be modified in accordance with the provisions set forth below and you are invited to consult them regularly.
We reserve the right to update and modify the Terms of Use at any time and without notice. In the event of a change, we will publish the revised version of the Terms of Use on our website and update the version number and date of the last update in the footer of the document. We therefore encourage you to consult our Terms of Use when you visit the website to obtain timely notice of the updated Terms of Use.
If you do not agree to the updated Terms of Use, please do not continue to use our website. Your continued use of or access to our website following the publication of updated Terms of Use constitutes your acceptance of such updated Terms of Use.
3. CONTENTS
For the purposes hereof, “Content” means all materials and content made available to users on the website, including notices, guidelines, communications, text, RSS feeds, graphics, images, illustrations, audiovisual works, multimedia elements, photographs, videos, music, sound recordings, policies, documents, software, information, data, and any other work, including the manner in which such Content is presented.
Third-Party Content – Content accessed or available on the website or via the Internet may be owned by third parties (“Third- Party Content“) and may be protected by intellectual property rights, including copyrights and trademarks, or other proprietary rights and laws. Nothing in your use of the website or in these Terms of Use grants you any right, title or interest in such Third-Party Content, except for the right to use the website granted to you in accordance with the Terms of Use.
Third-Party Websites – The website may contain links to Third-Party Content available on independent Third-Party Websites (the “Third-Party Websites“). These links are provided for information purposes only. The Company is not responsible for the Third-Party Content or the quality, safety, availability, completeness, accuracy, legal compliance and policies or practices of such Third-Party Websites. We do not endorse Third-Party Websites and make no representations about them or their content. If you choose to access a Third-Party Website linked from our website, you do so at your own risk.
4. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS
Company Content – Unless expressly stated otherwise, all rights, titles and interests in and to the website and all Content, URLs, domain names, source codes, processes, trademarks, trade names, logos, product and service names, works or other copyrightable subject matter, whether registered or unregistered, recognized by applicable law, including (a) any improvements or modifications to any of the foregoing, (b) any application for registration or renewal of the foregoing, and (c) licenses and sublicenses to third-party intellectual property (collectively, the “Company Content“), as well as all derivatives, translations and updates of the Company Content, are the exclusive property of the Company and are protected by copyright, trademark or other proprietary rights and laws. All rights not expressly granted herein are reserved by the Company.
License – Subject to your compliance with the Terms of Use and any other agreement between you and us, the Company grants you, for your personal use only, a limited, non-exclusive, non-transferable, revocable, royalty-free license to access and use the website and its Content during the term of this Agreement. Nothing in this Agreement grants you any right, title or interest in or to the Company’s
Content, other than the limited right to access and/or use the website in accordance with these Terms of Use. You are prohibited from copying, modifying, disassembling, reproducing, adapting, selling, reselling, compiling, or extracting any Content, in whole or in part, by any means whatsoever, and on any medium whatsoever, existing, or future, including translation of the Content into any other language, except as expressly permitted by these Terms of Use. Any other use of the Company’s Content is strictly prohibited and constitutes a violation of Canadian intellectual property laws or other applicable property rights and laws. The Company will enforce its intellectual property rights to the fullest extent permitted by applicable law.
5. ACCEPTABLE USE POLICY
Acceptable Use – You must use the website and its Content only for lawful purposes and in accordance with the rules set out in this section. If at any time you become aware of a violation of these Terms of Use by any person or entity, you agree to notify us immediately so that we may investigate and, if appropriate, stop or remedy such violation.
Prohibited Uses – Without limiting the generality of the restrictions set forth below, you agree not to do or permit, directly or indirectly, any of the following in connection with the website:
(i) publish, download, translate, use, upload, reproduce, distribute or otherwise transmit any Content that :
- is defamatory, counterfeit or illegal;
- is inappropriate, profane, degrading, obscene, indecent or contains information without appropriate or legally required access controls (which controls shall in no event be our responsibility);
- gives rise to civil liability or infringes our rights or helps someone else to infringe our rights or those of third parties, including copyright infringement, invasion of privacy, trademark infringement or defamation;
- constitutes threats, harassment, intimidation, abuse or any conduct that infringes on the rights of others;
- constitutes a criminal offence, or participates or assists others in committing a criminal offence;
- contains a virus, ransomware, Trojan horse, worm, spyware or any other malicious program or software, including web scraping tools;
- constitutes unauthorized or unsolicited commercial communications, unwanted or mass communications or other “spam” (whether or not using electronic messaging services, including instant messaging, blogging or comment spam) or is otherwise massive or unsolicited;
(ii) disrupt, disable or threaten the integrity, operation or security of the website; (iii) probe, analyze or test the vulnerability of the website or breach its security measures;
(iv) disable or circumvent any access control measures or processes or procedures in connection with the website;
(v) sublicense, share, resell, reproduce, copy, distribute, redistribute or exploit for any commercial purposes any portion of, use of, or access to the website, unless you have first obtained our express permission to do so;
(vi) extract, assemble, collect, or store personal information from third parties without their explicit consent.
Remedies – Without limiting any other rights we may have and subject to any agreement between you and us, the Company may, without notice to you, suspend, restrict or terminate your access to and use of the website and take any other action we deem appropriate if, in our sole and absolute discretion, we determine or believe that you have violated any of the provisions of the Terms of Use.
6. EXCLUSION OF WARRANTIES
Use of the website and its Content is provided without warranty or representation of any kind, including as to the connectivity, performance, operation, availability, reliability, timeliness, security, quality, capacity or accuracy of the website and its Content. The Company shall not be liable for any delays, interruptions, malfunctions, failures of service or other problems inherent in the use of the internet, electronic communications, telecommunications networks or other systems or networks which are operated by third parties, or which are beyond our reasonable control. The Company expressly disclaims all conditions, warranties and representations, express, implied, statutory or otherwise.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, neither the Company nor any other party involved in creating, producing or delivering the website or any content shall be liable for damages of any kind, including actual, indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, loss of goodwill, interruption of services, computer damage or system failure, arising out of or in connection with these terms of use and your use or inability to access or use the website, its content and the services offered therein, even if the company has been advised of the possibility of such damages.
These limitations of liability and damages are fundamental elements of the Agreement between you and the company. If applicable law does not permit one or more of the limitations set forth in these Terms of Use, some of the limitations set forth above may not apply to you.
8. COMPENSATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees or charges (including all reasonable legal and accounting fees) arising out of or in connection with: (i) your breach of these Terms of Use, (ii) any infringement or breach arising from your use of the website and its Content or (iii) your violation of any law or regulation or third-party right such as intellectual property or privacy rights, other than as expressly permitted hereunder.
The Company reserves the right, at its sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You also agree to cooperate fully and reasonably in the defense of any claim, if any.
9. APPLICABLE LAW
This Agreement and other policies available on the website shall be governed by and construed in accordance with the laws of the applicable province. All disputes, claims and actions arising out of or in connection with these Terms of Use shall be resolved or settled in Canada. You submit and attorn to the exclusive jurisdiction and venue of the applicable provincial and federal courts.
10. CONTACT US
Any questions or comments regarding the Terms of Use, the website, or our services, including reports of broken links, should be submitted in writing to protection@mlcpa.ca.