1. Your Acceptance of this Agreement
This is an Agreement between you and Brion Raffoul (comprising two companies: the law firm of Brion Raffoul LLP and the patent and trademark agency 2484726 Ontario Inc. d/b/a Brion Raffoul. Hereafter, the two companies are collectively referred to as “Brion Raffoul”). This Agreement governs your use of the Brion Raffoul Website and its content (collectively the “Website”). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, 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.
2. No Lawyer-Client Relationship
No lawyer-client, agent-client, advisory, or fiduciary relationship is created by this Agreement or your use of the Website or your communication with any Brion Raffoul personnel by e-mail or through the Website.
3. 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. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or though the Website.
The Website may not be used to request legal advice or to transmit to Brion Raffoul any confidential information. Information transmitted to Brion Raffoul through the Website may not be secure, may not be treated as confidential or protected by lawyer-client or agent-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.
4. Permitted Users and Access
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.
5. Disclaimer and Liability Exclusion
Brion Raffoul does not accept any liability for your use of the Website. Your 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 of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by Brion Raffoul to the fullest extent permitted by law. Brion Raffoul 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. Personal Information Privacy
Brion Raffoul collects, uses, and discloses your personal information in accordance with the Brion Raffoul Privacy Policy. By accepting this Agreement, and each time you use the Website, you consent to Brion Raffoul’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.
7. Ownership and Permitted Use of the Website
Copyright © 2018-2021 Brion Raffoul. All rights reserved. The Website, including all of its content, is the property of Brion Raffoul and others, and is protected by Canadian and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website is made available to you for your lawful, personal, non-commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the Website or its content for any other purpose or in any other way. In particular, the Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of Brion Raffoul.
8. Trademark Information
Brion Raffoul™, Brion Raffoul LLP™, BR IP Group™ (and logo), and Brion Raffoul Intellectual Property Law™ are trademarks, tradenames, and servicemarks owned by Brion Raffoul. Other product and company names and logos appearing on the Website may be registered or unregistered tradenames, trademarks, and servicemarks of their respective owners. Any use of the tradenames, trademarks, servicemarks, and logos displayed on the Website (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
9. Other Sites
For your convenience, the Website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). All such Other Sites are independent from Brion Raffoul, and Brion Raffoul has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.
10. 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 that 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.bripgroup.com is sufficient attribution).
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 Brion Raffoul at [email protected].
11. Termination of this Agreement and the Website
If you breach any provision of this Agreement, you may no longer use the Website. Brion Raffoul 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 Brion Raffoul 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) Brion Raffoul may continue to use and disclose your personal information in accordance with the Brion Raffoul Privacy Policy as amended from time to time. Sections 5, 6, 7, 8, 9, 10, 11, 12 and 14 survive indefinitely after the termination of this Agreement.
12. Governing Law and Dispute Resolution
This Agreement, your use of the Website, and all related matters are governed solely by the laws of the Province of Ontario, Canada, and the applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Brion Raffoul 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 Ottawa, 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.
13. Changes to this Agreement
Brion Raffoul may, in its sole discretion, change, supplement, or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
14. Other Matters
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Brion Raffoul relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and Brion Raffoul 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 Brion Raffoul 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 Brion Raffoul which may be withheld in Brion Raffoul’s sole discretion. Brion Raffoul 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.
