Terms of Use

Emond Harnden maintains a website at www.ehlaw.ca (the “Website”) containing information, resources, articles, publications and other materials (collectively, the “Content”). By accessing the Website and any Content therein, you and/or your organization (included in “you”) acknowledge that you have read, understood and agreed to be bound by the terms and conditions detailed below, as modified or amended without notice by Emond Harnden from time to time. Furthermore, you warrant and guarantee to Emond Harnden that you have the legal authority to agree to and be bound by the terms and conditions detailed below personally or on behalf of any person or entity that you represent.

Every time you access the Website and any Content therein, you re-confirm your acceptance of these terms and conditions. If you do not agree to be bound by the terms and conditions detailed below, do not access or otherwise use the Website or any Content therein.

Website Does Not Constitute Legal Advice

The Content on the Website is provided for general informational and educational purposes only. It does not constitute legal or professional advice and may not be relied upon as such.

You should not act, or fail to act, on anything based upon any Content on the Website without first obtaining appropriate legal advice from a licensed legal professional. If you require legal advice or representation, please contact a lawyer at Emond Harnden or another licensed legal professional to discuss whether a formal lawyer-client relationship can be established.

Website Does Not Create Lawyer-Client Relationship

Accessing, reading, relying on or otherwise using the Website and any Content therein does not, under any circumstances, create a lawyer-client, professional, consulting, advisory, fiduciary or other relationship between you and Emond Harnden, or between you and any individual lawyer at the firm.

Contacting a lawyer, whether directly or by sending or receiving information from or via the Website, does not, under any circumstances, create a lawyer-client, professional, consulting, advisory, fiduciary or other relationship between you and Emond Harnden, or between you and any individual lawyer at the firm.

A lawyer-client relationship will only form if and when Emond Harnden specifically and expressly agrees to act for you on a particular matter and executes a retainer agreement to that effect. It is important to note that the lawyers at Emond Harnden are licensed to practice law only in specific jurisdictions, which presently include Ontario, British Columbia, Alberta, Nova Scotia and Nunavut.

Until such time as a lawyer-client relationship has in fact been formed, you should not provide Emond Harnden or any individual lawyers at the firm with any confidential information.

Accuracy of Information

Emond Harnden strives to ensure the accuracy of the Content on its Website; however, given the speed and frequency at which the law changes, Emond Harnden cannot warrant or guarantee that the Content will remain accurate, complete or up-to-date after it has been published on the Website. Emond Harnden further cannot warrant or guarantee that the Content is without errors or omissions. Accessing, reading, relying on or otherwise using the Website and its Content is done at your own risk.

Any links to third-party websites contained on the Website are provided for your convenience only. Emond Harnden cannot warrant or guarantee that the information contained on any third-party website has been verified, nor will not be held responsible for the accuracy of such information. Any third-party website that you access through the Website is done at your own risk.

Use of Information

Emond Harnden does not permit the use of its Website or any Content therein for any purpose other than for personal non-commercial use, except with our prior written consent. For greater certainty, except as expressly permitted by these terms and conditions, you are not permitted to link to, reference, copy, reproduce, republish, distribute, sell, modify or translate the Website or its Content, in whole or in part.

Furthermore, Emond Harnden does not permit the use of its Website or any Content therein for any purpose that is unlawful. You may not, under any circumstance, link to, reference, copy, reproduce, republish, distribute, sell, modify or translate the Website or any Content therein in any context that may be considered to be criminal, libelous, obscene or which infringes or advocates for the infringement of any third-party rights.

Linking to www.ehlaw.ca

Should you wish to include links to the Website on your website, you may only link to the main landing page of the Website (www.ehlaw.ca) or to the individual biography pages of our lawyers, and you must do so in a manner which opens a new browser window. You are not permitted to link to any other pages within the Website or to embed any content from the Website onto your website without our prior written consent.

In the event that you link content from the Website to your website, Emond Harnden LLP will not be held responsible for any content appearing on your website.

Confidentiality

Emond Harnden cannot guarantee the confidentiality of any communication through the Website, by email or by voicemail. Unsolicited information provided to Emond Harnden through any of these methods may not be secure, may not be treated as confidential and will not benefit from the protection of solicitor-client privilege.

You acknowledge that you should not send confidential, proprietary or other commercially sensitive information electronically unless you have first taken appropriate precautions to protect such information.

Limitation of Liability

The Website and its Content are provided on an “as is” and “as available” basis only. Emond Harnden makes no representations or warranties of any kind whatsoever with respect to the Website and its Content as various unknown factors may affect the applicability of all or part of the Content to your particular circumstances. Accessing, reading, relying on or otherwise using the Website and any Content therein does not establish a duty of care of any kind whatsoever.

Emond Harnden, its partners, its employees and its agents expressly disclaim any liability for any loss, expense or damages of any nature or any kind whatsoever – including but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages – arising out of, resulting from or in connection with (a) the use of, misuse of or inability to use the Website, its Content or any third-party links contained therein; (b) reliance on any Content on the Website or any third-party links contained therein; (c) any errors or omissions on the Website, its Content or any third-party links contained therein; and/or (d) any damage caused to any computer, software or data arising out of, resulting from or in connection with the use of the Website or any third-party links contained therein.

Privacy

Emond Harnden has established a comprehensive Privacy Policy, which details the firm’s commitment to protecting personal information in accordance with the Personal Information Protection and Electronic Documents Act.

Copyright

By accessing, reading, relying on or otherwise using the Website and any Content therein, you do not acquire any rights to the Website or any Content therein, other than the limited right to use it in accordance with these terms and conditions.

All material published on the Website, including but not limited to the Content and any other materials including but not limited to photographs, images, sounds, videos, reports, data, databases, graphics, interfaces, design, webpages, files, software, products, services, trade-marks, logos and trade names, is the exclusive property of Emond Harnden and is protected by Canadian and international intellectual property law, including copyrights, trademarks and other proprietary rights. Any such material may not be reproduced in any form for commercial purposes, except with the prior written consent of Emond Harnden.

General Provisions

These Terms of Use ensure to the benefit of, and are binding upon, you and your heirs, executors, agents, personal representatives, successors and assigns, and upon each of Emond Harnden and its successors and assigns. These Terms of Use, as well as your rights and/or obligations under these Terms of Use, may not be transferred or assigned without the prior written consent of Emond Harnden. Emond Harnden reserves the right to arbitrarily withhold its consent to transfer or assign your rights in its sole and unfettered discretion.

Emond Harnden may at any time transfer or assign its rights and/or obligations under these Terms of Use without your prior consent.

These Terms of Use, as well as the use of the Website and the Content therein, are governed by the laws of Ontario and the applicable laws of Canada, notwithstanding your domicile, residency or physical location. You hereby agree that any action or proceeding relating to this Website and the Content therein falls under the exclusive jurisdiction of the courts of Ontario and must be commenced in Ottawa, Ontario, Canada. The Website and the Content therein are intended for use only in jurisdictions where it may lawfully be offered for use.

If any of the terms and conditions contained in these Terms of Use are found to be void, unlawful or unenforceable for any reason, that provision shall be severed from the Terms of Use and such severance shall not affect the validity and enforceability of any of the remaining provisions in the Terms of Use.