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Because these Terms of Use contain important legal
obligations, please read them carefully.
This Web site is made up of various Web sites and
Web pages operated by Shibley Righton LLP ("SR"), and
may from time to time include the provision of certain information
(the "Content") and the delivery of certain services electronically
(collectively the "Services"). References to the Site
in these Terms of Use at any given point in time include each site
and page included therein, all Content, and all Services, unless
the context otherwise requires. For greater certainty, the provisions
of these Terms of Use do not apply to any legal services provided
to you by SR in any manner other than electronically.
Use of the Site is hereby offered
to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
Site constitutes your agreement to all such terms, conditions, and
notices. Your use of any particular site, page, Content or Services
included within the Site may also be subject to additional terms
outlined, at this time or from time to time in the future, elsewhere
on the Site (the "Additional Terms"). Any Additional Terms
from time to time in effect are hereby incorporated into these Terms
of Use by reference.
If you do not accept these Terms of Use, do not
use the Site.
1. General Provisions
1.1 Acceptance. By using the Site and in consideration
of SR allowing you to use the Site on the terms set forth herein,
and for other good and valuable consideration, the receipt and sufficiency
of which you acknowledge, you agree, without limitation or qualification,
to be bound by, and to comply with, these Terms of Use and any other
posted guidelines or rules applicable to any individual site, page,
Content or Service. All such guidelines and rules are hereby incorporated
by reference into these Terms of Use. Unless otherwise specified
herein, this agreement constitutes the entire agreement between
the user and SR with respect to the Site, and it supersedes all
prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and SR with respect to the Sites
or any part thereof. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
1.2 Modification of Terms. SR reserves the right
in its sole discretion, and without notice, to change the terms,
conditions, and notices under which the use of the Site is offered.
You are responsible for regularly reviewing these terms and conditions
and Additional Terms posted on particular sites or pages within
the Site. Your continued use of the Site constitutes your agreement
to all such terms, conditions, and notices.
1.3 Non-Waiver and Severability. SR's failure to exercise any right
or provision of these Terms of Use shall not constitute a waiver
of such right or provision. If a court of competent jurisdiction
holds any provision of these Terms of Use to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and agree
that the other provisions of these Terms of Use remain in full force
and effect.
1.4 Successors and Assigns. Without in any way limiting
the prohibition on your resale, assignment, sublicensing, or other
transfer of rights or obligations, these Terms of Use shall be binding
upon and enure to the benefit of the parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
2. Registration and Membership
2.1 Registration Information. Certain of the Services
may require the user to register and provide certain data. In registering
and providing such data, you represent and warrant that: (a) the
information about yourself is true, accurate, current, and complete
(apart from optional items) as required by the registration form
("Registration Data") and (b) you will maintain and promptly
update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or SR has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
SR has the right to suspend or terminate your account and refuse
any and all current or future use of the Services, and shall not
be obligated to provide any refund or rebate of payments made or
payable for such Services. All registrations become the exclusive
property of SR. SR reserves the right to use and reuse all registration
and other personally identifiable user information subject to the
SR Site Privacy Policy. Users may edit, update, alter or obscure
their personally identifiable information at any time by following
the instructions located on individual pages.
2.2 Privacy. SR will use its reasonable efforts
to ensure that it and all of its employees, agents, contractors
and others acting on its behalf comply in all respects with the
SR Site Privacy Policy as in force from time to time. Notwithstanding
the foregoing, you agree that SR will have no liability to you or
any person claiming through you with respect to any negligent or
innocent breach of the SR Site Privacy Policy. SR reserves the right
at all times to disclose any information as SR deems necessary to
satisfy any applicable law, regulation, legal process or governmental
request, in SR's sole discretion.
2.3 Security of Communications. You acknowledge that any unprotected
email or other communication (including your actions or communications
related to any interactive Services and including any applications,
registrations, or completion of on-line forms) over the Internet
is not secure and confidential, is subject to possible interception
or loss, and is also subject to possible alteration. You accept
sole responsibility for the security and confidentiality of all
electronic communications between you and SR. SR is not responsible
for and will not be liable to you or any one else for any damages
in connection with any communication sent by you to SR or any communication
sent by SR to you at your request.
2.4 Passwords and Member Privileges. Upon registering,
you may receive a password and ID. You are responsible for maintaining
the confidentiality of the password and ID, and are fully responsible
for all activities that occur under your password or ID. You agree
to (a) immediately notify SR of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. SR will not
be liable for any loss or damage arising from your failure to comply
with these requirements. In particular, and without limiting the
generality of the foregoing, SR will not be liable for any loss
that you may incur as a result of someone else using your password
or account, either with or without your knowledge. However, you
could be held liable for losses incurred by SR or another party
due to someone else using your account or password. You may not
use anyone else's account at any time, with or without the permission
of the account holder.
2.5 Minors/Parental Controls. In cases where you
have authorized a minor to use the Site, you recognize that you
are fully responsible for: (a) the online conduct of such minor;
(b) controlling the minor's access to and use of the Site; and (c)
the consequences of any misuse by the minor.
2.6 Payment for Services. Some Content and/or Services
on the Site may be offered to you conditioned on your purchase of
a subscription and/or the payment of fees. If you elect to purchase
subscription?based or fee-based Content or Services and transmit
to SR a subscription purchase request or subscribe for fee-based
services, you warrant that all information that you submit is true
and accurate (including without limitation your credit card number
and expiration date), and you agree to pay all subscription fees
you incur plus all applicable taxes. Your subscription is personal
to you, and you may not transfer or make available your account
name and password to others, including without limitation other
students and/or your co?workers. Any distribution by you of your
account name and/or password is a breach of this agreement, and
in addition to all other legal consequences may result in cancellation
of your subscription without refund and, in addition, charges based
on unauthorized use.
3. Use of Site
3.1 Personal Use. The use of the Site is solely for your personal
use. You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products or services obtained
from the Site. Without limiting the generality of the foregoing,
without the advance express written permission of SR you may not
'meta?search' the Site, send, or cause to be sent, any automated
queries of any sort to the Site, or use the Site in any other commercial
manner.
3.2 No Unlawful or Prohibited Use. As a condition
of your use of the Site, you will not use the Site for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
Without limiting the generality of the foregoing, and in addition
to the specific prohibitions in section 3.3 hereof, you may not
use the Site in any manner that could damage, disable, overburden,
or impair the Site or any Content or Service (or the network(s)
connected to the Site) or interfere with any other party's use and
enjoyment of any part of the Site or any Content or Service. You
may not attempt to gain unauthorized access to the Site or any Content
or Service, other accounts, computer systems or networks connected
to the Site, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available through the Site.
3.3 Prohibited Conduct. Without limiting the generality
of any other prohibition or restriction contained herein, you agree
that you will not use the Site to:
3.3.1 Upload, post, email, otherwise transmit, or
post links to any Content, or select any member or user name or
email address, that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic,
libelous, invasive of privacy or publicity rights, hateful, or racially,
sexually, ethnically or otherwise objectionable.
3.3.2 Upload, post, email, otherwise transmit, or
post links to any Content that promotes illegal activity, including
without limitation the provision of instructions for illegal activity.
3.3.3 Upload, post, email, otherwise transmit, or
post links to any Content that exploits the images of children under
18 years of age, or that discloses personally identifying information
belonging to children under 18 years of age.
3.3.4 Harm minors in any other way.
3.3.5 Make any sexual request on behalf of a minor
or make any sexual request of a minor.
3.3.6 "Stalk" or otherwise harass another.
3.3.7 Collect or store personally identifying information
about other users for commercial or unlawful purposes or in contravention
of the Personal Information Protection and Electronic Documents
Act, Canada.
3.3.8 Impersonate any person or entity, including, but not limited
to, a SR lawyer, partner, employee, consultant, advisor, or host,
or falsely state or otherwise misrepresent your affiliation with
a person or entity.
3.3.9 Employ misleading email addresses or falsify
information in the header, footer, return path, or any part of any
communication, including emails, transmitted through the Site.
3.3.10 Upload, post, email, otherwise transmit,
or post links to any Content that you do not have a right to transmit
under any law or regulation or under contractual or fiduciary relationships
(such as inside information, or proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements).
3.3.11 Upload, post, email, or otherwise transmit,
or post links to any Content that facilitates hacking.
3.3.12 Upload, post, email, otherwise transmit,
or post links to any Content that infringes any patent, trademark,
service mark, trade secret, copyright or other proprietary rights
("Rights") of any party, or contributing to inducing or
facilitating such infringement. This prohibition shall include,
without limitation, the following forms of software piracy:
3.3.12.1 Making available copyrighted software or
other Content that has had the copyright protection removed.
3.3.12.2 Making available serial numbers for software
that can be used to illegally validate or register software.
3.3.12.3 Making available tools that can be used
for no purpose other than for "cracking" software or other
copyrighted Content.
3.3.12.4 Making available any software files for
which the user does not own the copyright or have the legal right
to make available.
3.3.13 Upload, post, email, otherwise transmit,
or post links to any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such
purpose.
3.3.14 Upload, post, email, otherwise transmit,
or post links to any material that contains software viruses, worms,
trojan horses, time bombs, trap doors or any other computer code,
files or programs or repetitive requests for information designed
to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment or to diminish
the quality of, interfere with the performance of, or impair the
functionality of the Site, the Content, or the Services.
3.3.15 Use automated means, including spiders, robots, crawlers,
or the like to download data from the Site.
3.3.16 Conduct your own contests and promotions.
3.3.17 Upload, post, email, otherwise transmit,
or post links to any Content regarding any raffle, contest or game
requiring a fee by participants.
3.3.18 Modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, link,
display or in any way exploit any Content, including, without limitation,
by incorporating Content into any e?mail or "white pages"
products or services, whether browser?based, based on proprietary
client?site applications, web?based, or otherwise.
3.3.19 Sell, distribute, or make any commercial
use of Content or make any other use of Content in a manner which
could be expected to offend any person for whom the data is relevant.
3.3.20 Disrupt the normal flow of dialogue in a
chat room or on a bulletin board, cause a screen to "scroll"
faster than other users of the Services are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges.
3.3.21 Interfere with or disrupt the Site or servers
or networks connected to the Site, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Site.
3.3.22 Intentionally or unintentionally violate
any applicable local, provincial, state, national or international
law, and any regulations having the force of law.
3.3.23 Upload, post, email, otherwise transmit,
or post links to any material that is false, misleading, or designed
to manipulate any equity, security, or other market.
3.3.24 Access any Content or Service after your
account or access has been terminated by SR.
3.3.25 Fail to complete any transaction after submitting
an order to purchase any goods or services from SR, or breach any
terms and conditions governing such transactions.
3.3.26 Purchase any Services that you are prohibited
from purchasing or possessing by any law applicable to you in your
jurisdiction. The responsibility for ensuring compliance with all
such laws shall be the user's alone. By submitting an order to purchase
goods or services, you represent and warrant that you have the legal
right to purchase such goods or services.
3.3.27 Use any software deployed in connection with
the Site to process data as a service to other entities without
the express written consent of SR or the party from whom such software
may be licensed.
3.3.28 Decompile, disassemble, modify, translate,
adapt, reverse engineer, create derivative works from, or sublicense
any software deployed in connection with the Site.
3.3.29 Advertise, offer for sale, or sell any product
or service.
3.4 Monitoring. SR has the right (but not the obligation)
to monitor your use of the Site from time to time to ensure compliance
with these Terms of Use. You hereby consent to all such monitoring
from time to time, notwithstanding that you will not have notice
thereof at any given time, and notwithstanding that such monitoring
may allow SR to access information with respect to you and/or your
use of the Internet that you would otherwise not choose to share
with others.
3.5 Other Jurisdictions. It is important to note
that not all of the Content or Services are available in provinces
outside of Ontario or in jurisdictions outside Canada. Content and
Services are expressly not being made available and not offered,
and SR hereby expressly denies you the right to use them, in any
jurisdiction in which they are not lawful. It is your responsibility
to be aware of the laws of your province or country or that otherwise
apply to you in relation to any of the matters described in these
pages. If you choose to access the Site from outside of Ontario,
you do so on your own initiative and are responsible for compliance
with applicable local, national or international laws. You may not
use or export or re?export the Content or any copy or adaptation
in violation of any applicable laws or regulations, including but
not limited to the export laws and regulations of Canada in force
from time to time.
4. Content
4.1 Generally. Content provided by SR and other
sources on the Site (including but not limited to Content with respect
to laws and Content contained in Services) is believed to be accurate
and reliable when placed on the Site, but SR cannot guarantee it
is accurate or complete or current at all times. Content on this
Site is for informational purposes only and is not intended to provide
any type of advice and should not be relied upon in that regard.
Where the accuracy, completeness or currency of any information
contained in any Content is important to you, it is your responsibility
to verify it from other sources selected by you and known by you
to be reliable. Information provided on a Web site is not a substitute
for the advice of a qualified professional in possession of all
relevant facts and in a position to advise based on how the law
actually applies to your particular situation.
4.2 Third Party Content. Some of the Content available
on the Site, including but not limited to Content that is part of
the Services, is obtained from, or posted by, third parties. Such
third parties are solely responsible for the information or content
they make available through the Site.
4.3 Links. Links from or to web sites outside the
Site are meant for convenience only. Unlees the Site expressly states
to the contrary, SR does not review, endorse, approve or control,
and is not responsible for any sites linked from or to the Site,
the content of those sites, the third parties named therein, or
their products and services. Linking to any other site is at your
sole risk and SR will not be responsible or liable for any damages
in connection with linking. Links to downloadable software sites
are for convenience only and SR is not responsible or liable for
any difficulties or consequences associated with downloading the
software. Use of any downloaded software is governed by the terms
of the license agreement, if any, which accompanies or is provided
with the software.
5. Services
5.1 Reasonable Efforts. SR will use its reasonable
efforts to ensure that any Services (whether provided free or on
a fee-for-service basis) are designed and implemented to operate
in accordance with their specifications and accomplish their intended
goals. Notwithstanding the foregoing, under no circumstances will
SR have any liability for any failure of any Service to operate
properly or to accomplish its intended or stated goals or any of
them. Without limiting the generality of the foregoing, you agree
that SR has no responsibility or liability for the deletion, corruption
or failure to store any messages or other content maintained or
transmitted by or in respect of any Service.
5.2 Use of Services. In addition to any other provisions
herein with respect to use of the Site, you agree that you will
use any Service, whether free or fee-based, solely for its intended
purpose and solely in the manner that it is intended to be used.
6. Intellectual Property
6.1 Licence to Use. SR hereby grants to you a limited,
non-exclusive, non-transferable licence only to view the Site in
compliance with these Terms of Use. The licence granted herein shall
be terminable by SR in its sole discretion at any time without notice.
6.2 No Resale, Assignment or Sublicensing. Your
rights hereunder are personal to you. You agree not to resell, assign,
sublicense, otherwise transfer, or delegate your rights or obligations
under these Terms of Use, or make any attempt to do so, without
prior express written authorization of SR.
6.3 Trademarks. Certain names, words, titles, phrases, logos, icons,
graphics or designs or other content in the pages of the Site are
trade names or trade?marks owned by SR, or trade names or trade?marks
licensed to them. The trade?marks are distinguished from one another
and accompanied, at first?time use, with the appropriate trade?mark
symbol: ®/Ô/*. These symbols are keyed to their respective
legend which describes the owner or licensee of the trade?mark.
The display of trade?marks and trade names on pages at the Site
does not imply that a license of any kind has been granted to anyone
else.
6.4 Copyright. The Content is for your personal
use only. Any unauthorized downloading, re?transmission, or other
copying or modification of trade?marks and/or the contents of the
Site may be a violation of any federal or other law that may apply
to trade?marks and/or copyrights and could subject the copier to
legal action. The Content is protected under the copyright laws
of Canada and other countries. Users of the Site shall be entitled
to copy any information for their own personal use but may not republish
or reproduce any such information in any manner, including electronic
reproduction by "uploading" or "downloading",
without the prior written consent of SR. Unless otherwise specified
in these Terms of Use or in writing from SR, no one has permission
to copy, redistribute, reproduce, republish, store in any medium,
re?transmit, modify or make public or commercial use of, in any
form, the Content.
6.5 Licence from User to SR. SR does not claim ownership
of the materials you provide to SR (including feedback and suggestions)
or post, upload, input or submit to any part of the Site for review
by the general public, or by the members of any public or private
community (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
(collectively "Posting") your Submission you are granting
SR permission to use your Submission in connection with the operation
of their activities (including, without limitation, the Site), including,
without limitation, the license rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and the right to publish your name in
connection with your Submission. No compensation will be paid with
respect to the use of your Submission, as provided herein. SR is
under no obligation to post or use any Submission you may provide
and SR may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
7. Disclaimer of Warranties and Limited Liability
7.1 Disclaimer of Warranties. THE SITE, ALL CONTENT, AND ALL SERVICES
ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON?INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW, SR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE SITE. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT SR DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY
FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY,
OR OPERABILITY OR AVAILABILITY OF CONTENT ON THE SITE. SR DISCLAIMS
ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY,
OR UNTIMELY DELIVERY OF ANY CONTENT OR SERVICE. SR DISCLAIMS ANY
RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING
OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING,
WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
7.2 Limitation of Liability. YOU EXPRESSLY UNDERSTAND
AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SR BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE
ON THE SITE, ANY CONTENT, OR ANY SERVICE. SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF
SR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION
OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE
OF THE SITE OR ANY PART THEREOF, FROM INABILITY TO USE THE SITE
OR ANY PART THEREOF, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION
OF THE USE OF THE SITE OR OF ANY SERVICE (INCLUDING SUCH DAMAGES
INCURRED BY THIRD PARTIES).
7.3 Force Majeure. UNDER NO CIRCUMSTANCES SHALL
SR BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND
ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET
FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT
FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES,
LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES
OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF
GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS
OR TRIBUNALS, NON?PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS
IN HEAT, LIGHT, OR AIR CONDITIONING.
7.4 Intent of Limitations. All limitations of the liability of SR
contained herein are intended to be cumulative with each other,
and to be additional to any limitations of liability contained in
any written or oral agreement of any kind between you and SR, including
but not limited to any legal retainer. In the event that any court
of competent jurisdiction determines that any limitation on the
liability of SR is unlawful or unenforceable in any applicable jurisdiction,
you and SR hereby agree that the limitations of liability of SR
hereunder shall, with respect to such jurisdiction, be deemed to
be those limitations that most fully limit the liability of SR within
the laws of that jurisdiction.
7.5 Indemnity. By using the Site you agree to indemnify
SR and its trustees, officers, employees and independent contractors
hold them harmless from any and all claims and expenses, including
legal fees, arising from your use of the Site (including for greater
certainty your use of any Content or Services), or your submission
of ideas and/or related materials to SR or from any person's use
of any account or password you maintain, regardless of whether such
use is authorized by you. By using the Site, you are hereby agreeing
to release SR and its trustees, officers, employees and independent
contractors from any and all claims, demands, debts, obligations,
damages (actual or consequential), costs, and expenses of any kind
or nature whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them arising
out of or in any way related to such disputes and/or to the use
of the Site, Content or Services or to any disputes regarding use
of ideas and/or related materials submitted to SR. YOU HEREBY AGREE
TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
8. Disputes.
8.1 Proper Law and Jurisdiction. This Agreement
shall be governed and construed in accordance with the laws of the
province of Ontario and the laws of Canada applicable therein. You
and SR each hereby irrevocably attorn to the exclusive jurisdiction
of the courts of Ontario.
8.2 Limitation on Actions. Notwithstanding any other
provision of these Terms of Use, neither you nor SR may initiate
any action or lawsuit based in whole or in part on a) these Terms
of Use, or b) your use or misuse or attempted use of the Site, unless
substantially all of the acts complained of in the action or lawsuit
or giving rise to the claim occurred not longer than six months
prior to the date the action or lawsuit was commenced.
8.3 Additional Remedies of SR. In addition to any
other remedy SR may have for any breach by you of the provisions
of this Agreement, SR may in its sole discretion terminate your
access to all or any part of the Site, Content or Services without
notice, and shall have no liability to you in the event that it
does so.
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