PARENTE BOREAN LLP WEBSITE USE AGREEMENT – October 15, 2016
1. Your Acceptance of this Agreement
This is an Agreement between you and Parente Borean LLP (“PB”) and governs your use of the PB 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. If you do not accept this Agreement, you must not access or use our website.
PB may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement. We will indicate at the top of this page the date this Agreement was last revised.
2. No Lawyer-Client Relationship
The presentation of information on the Website, or your use of or reliance upon such information, does not establish a lawyer-client relationship between you and PB or between you and any PB professional. Please also note that any information sent or received over the internet may not be secure. PB cannot guarantee the security or privacy of any communication (in any form) to 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. Prior results, articles, and case studies or other materials available on the Website do not guarantee a similar outcome in future representation. Contact a PB professional to discuss potential resolutions to specific legal concerns you may have.
The Website may not be used to request legal advice or to transmit to PB any confidential information. Information transmitted to PB 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.
4. Permitted Users and Access
The Website may be used only by persons who are at least 19 years old and can form legally binding contracts under applicable law. 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
PB 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, quiet enjoyment, non-infringement, merchantability, satisfactory quality, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by PB to the fullest extent permitted by law. PB 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. Without limiting the generality of the forgoing, while PB endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that (i) the Website or the Content will be compatible with your computer, mobile or other device and/or software; (ii) the Website or the Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (iii) that the operation of the Website will be uninterrupted or error-free, (iv) that defects or errors in the Website or the Content will be corrected, (v) that the Website or the Content will be free from viruses, Trojan horses, malware, worms or other harmful components, and (vi) that communication to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.
Subject to applicable law, in no event shall PB, or any of its partners, employees, consultants, representatives, officers, directors, agents, or licensors (“PB Released Parties”) be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages or any loss or damages in the nature of or relating to lost business, lost savings, lost date and/or lost profits, arising from your use of, reliance upon, or inability to use the Website and/or the Content, regardless of the cause and whether arising in the contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if PB knew of or ought to have known of the possibility of such damages.
6. Release and Indemnity
To the fullest extent permissible under applicable law, you hereby agree to release each of the PB Released Parties from, and in no event shall any of all of the PB Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Website (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease the Website and the Content. You will indemnify and hold each of the PB Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold the PB Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website. You agree that the applicable PB Released Party(ies) may assume the defense and control of any matter for which you are required to indemnify the PB Released Parties and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of the applicable PB Released Party(ies).
7. Personal Information Privacy
8. Security and Confidentiality
9. Ownership and Permitted Use of the Website
All materials displayed or otherwise accessible through the Website, including but not limited to text, graphics, videos, photos, trademarks, logos, blogs and other materials (collectively, “Content”) are protected by copyright and trade-mark laws, and are owned by a PB entity and/or their licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of any Content, whether in whole or in part, is prohibited without the express prior written consent of the applicable PB entity. Your use of the Website and/or any Content does not grant or transfer to you any ownership or other rights in the Website and/or any Content, and except as expressly provided, nothing herein or within the Website and/or any Content shall be construed as conferring on you or any other person or entity any license under any PB or any third party intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved.
10. Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a limited , fully revocable, non-transferable and non-exclusive license to access, view and use the Website for your lawful, personal, non-commercial use only. You may print, store or download items comprising the Content for your personal, non-commercial use provided that you maintain all copyright, trade-mark and other notices contained in such Content and 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. This limited license does not include any rights not specifically enumerated herein. Your limited license to use the Website and the Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first). You may not use the Website or the Content for any other purpose or in any other way. In particular, the Website and the 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 PB.
11. Trademark Information
PARENTE BOREAN LLPTM and PARENTE BOREANTM, are trademarks, tradenames and servicemarks owned by PB. 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 license or right to use any Marks.
12. Intellectual Property Concerns
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Website by providing a written notice with the following information:
- Identification of the copyrighted work or trade-mark that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit PB to locate it;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
- A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Deliver the notice to us at the following address:
Parente Borean LLP
3883 Highway 7
Attn: IP Manager
13. Other Sites
14. 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.parenteborean.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 PB at firstname.lastname@example.org
15. Termination of this Agreement and the Website
PB may, in its sole discretion, cancel or terminate your right to use any or all Websites, or any part of the Website, or any Content, at any time without notice. In the event of termination, you are no longer authorized to access the applicable Website, the part of the Website, or Content affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive. PB shall not be liable to any party for such termination.
16. Governing Law and Dispute Resolution
This Agreement, your use of the Website and/or the Content, and all related matters are governed solely by the laws of the Province of Ontario, Canada and 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 PB and you or any other person arising from, connected with or relating to the Website, the Content, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto, 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, the Content, 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.
17. Changes to this Agreement
PB 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.
18. Entire Agreement
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and PB relating to your use of the Website and the Content, and supersedes all previous agreements, written, oral or otherwise, between you and PB with respect to your use of the Website and the Content.
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 ensure to the benefit of and be binding upon each of PB 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 PB which may be withheld in PB’s sole discretion. PB 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.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.
Protecting your privacy is important to Parente Borean LLP (“PB“). This Policy explains how PB collects, uses, and discloses the personal information you may provide while using PB’s Website (the “Website“) and in its electronic publications, newsletter, and announcements (“Electronic Communications“).
Any personal information you provide to us through the Website will be treated with care, and subject to this Policy will not be used or disclosed in ways to which you have not consented.
By using the Website, you signify your consent to the collection, use, and disclosure of your personal information in accordance with this Policy. If you do not agree with this Policy, you may not use the Website.
Information Automatically Collected
Non-Identifiable Information — Like many other websites, the Website may automatically collect certain non-identifiable information regarding Website users, such as the Internet Protocol (IP) address of your computer, the IP address of your internet service provider, the date and time you access the Website, the internet address of the Website from which you linked directly to the Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the materials you post to or download from the Website. This non-identifiable information is used for Website and system administration purposes and to improve the Website. Your non-identifiable information may be disclosed to others and permanently archived for future use.
Cookies — The Website may use “cookies”, a technology that installs information on a Website user’s computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website.
Google Analytics — The Website uses Google Analytics to collect information, in an anonymous form, about how visitors use the Website, including the number of visitors to the Website and the pages they have visited. PB uses such information to compile reports and to help us improve the Website. By using the Website, you agree to such use of Google Analytics. Should you wish to opt-out of the use of Google Analytics, please contact PB.
Personal Information You Specifically Provide to the Website
Your Personal Information — During your use of the Website, you may be asked to voluntarily provide certain personal information (such as your name, email address, postal address, and telephone number) for purposes such as facilitating communications with you or for applying for access to certain special features or areas of the Website.
Use of Your Personal Information — PB may use your personal information to contact and correspond with you, to respond to your inquiries, and as otherwise permitted by law. Generally, PB will consider the fact that you have voluntarily visited the Website and have provided PB with contact information to signify your consent for PB to use your contact Information for purposes of tracking our communications with you and providing you with information such as Electronic Communications relating to our Firm and our practice which we think may be of interest or use to you.
Emails from PB— If you provide your email address, PB may send to you, from time to time, email containing information about PB and other matters it believes will interest you. At any time you may ask PB to stop sending you email and other information by contacting email@example.com.
Tracking Information — In addition, PB may use non-personal information to create aggregate tracking information reports regarding Website user demographics and Website traffic patterns. None of the tracking information in the reports can be connected to the identities or other personal information of individual users. PB also may link tracking information with Website users’ personal information. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Policy, and in accordance with the law.
Disclosure of Your Personal Information — PB may disclose your personal information to a government institution that has asserted its lawful authority to obtain the information or where PB has reasonable grounds to believe the information could be useful in the investigation of unlawful activity, or to comply with a subpoena or warrant or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with court rules regarding the production of records and information, or to protect PB’s rights and property. If PB is involved in a merger or other reorganization, Parente Borean may disclose your personal information to the resulting organization.
Storing and Securing Your Information — To help protect the confidentiality of your personal information, PB employs security safeguards appropriate to the sensitivity of the information. Nevertheless, due to the nature of the internet and internet technologies, security and privacy risks cannot be eliminated and PB cannot guarantee that your personal information will not be disclosed in ways not otherwise described in this Policy.
Accessing Your Personal Information — You may request access to your personal information and information about PB’s collection, use and disclosure of that information by contacting PB at firstname.lastname@example.org. PB has Privacy Officers who are responsible for the protection of personal information and compliance with privacy-related legislation in various jurisdictions. Your enquiries will be forwarded to the Privacy Officer when it is received. Subject to certain exceptions prescribed by law, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You can help PB maintain the accuracy of your information by notifying PB of any changes to your personal information.
Withdrawal of Consent — In some jurisdictions, you may withdraw your consent to the use and intention to use personal information about you. To do this, please contact our Privacy Officer at email@example.com as noted above. Additionally, we routinely provide “opt out” or “unsubscribe” instructions on our Electronic Communications to provide for removal of your name from future transmissions.
Other Websites — The Website may contain links to other websites or internet resources. When you click on one of those links you are contacting another website or internet resource that may collect information about you voluntarily or through cookies or other technologies. PB has no responsibility or liability for or control over those other websites or internet resources or their collection, use and disclosure of your personal information.
Website Use Agreement — The Website Use Agreement governing your use of the Website contains important provisions disclaiming and excluding the liability of PBand others regarding your use of the Website and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Website. Each of those provisions also applies to any disputes that may arise in relation to this Policy and the collection, use and disclosure of your personal information, and are of the same force and effect as if they had been reproduced directly in this Policy.
Former Users — If you stop using the Website or your permission to use the Website is terminated by PB, PB may continue to use and disclose your personal information in accordance with this Policy as amended from time to time, and subject to compliance with the law.
Electronic Communications — Generally, Electronic Communications are not to be construed as legal advice. Delivering of the same will not instantiate or begin any relationship PB and the recipient as Solicitor and Client. Electronic Communications are meant to provide access to information and knowledge of interest generally, and not with respect to your particular facts or circumstances. If an Electronic Communication raises any point of interest, please feel free to contact one of our professionals to arrange for a consultation.
Your Comments — If you have any comments or questions about this Policy or your personal information, please contact PB at firstname.lastname@example.org