MORISAWA DE KOVEN PROFESSIONAL CORPORATION TERMS OF USE AGREEMENT 

Acceptance.  This Terms of Use Agreement ("Agreement") is a legal agreement between you and Morisawa De Koven Professional Corporation ("MDKPC"), the owner and operator of this Website (the "Website"). It states the Terms and Conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. MDKPC 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.

Legal Advice.  The information made available on this Website in any form is for information purposes only and is not, and should not be taken as legal advice on any subject matter. Each client's situation is unique and therefore you should not rely on, or take or fail to take any action, based upon information which you read on this Website.  After receiving content from the Morisawa De Koven Professional Corporation Website, you should not act or refrain from acting without seeking the appropriate legal or professional advice having regard to the particular facts and circumstances at issue.

No Lawyer-Client Relationship.  The viewing of the Morisawa De Koven Professional Corporation Website, in whole or in part, and the communication with a Morisawa De Koven Professional Corporation lawyer or employee by way of Internet email or via the Website does not constitute solicitor-client privilege between Morisawa De Koven Professional Corporation and any recipients.

A lawyer-client relationship and/or Canadian trade-mark agent relationship will not be established between you and our law firm until a written retainer agreement is signed by both of us.

Trade-marks and Copyrights.  The MDKPC logo are trade-marks of Morisawa De Koven Professional Corporation as is “Business Law Advice for Growing Smart Companies.” Other names, words, titles, phrases, logos, designs, graphics, icons and trade marks displayed on the Website may constitute registered or unregistered trade marks of MDKPC or third parties.  All materials displayed or otherwise accessible through this Website, including but not limited to text, graphics, videos, photos, trade-marks, logos and other materials  (collectively, "Content") are protected by copyright and trade-mark laws, and are owned by MDKPC and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of MDKPC.  Except as otherwise noted, the contents of this Website are copyright 2005 - 2011 Morisawa De Koven Professional Corporation. All rights reserved.

Limited License.  Subject to the Terms and Conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Website for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.

Limitation of Liability.  Subject to applicable law, in no event shall MDKPC, or its partners, employees, consultants, agents, or licensors(“MDKPC Released Parties”) be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Website or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if MDKPC knew of or ought to have known of the possibility of such damages.

Disclaimer of Warranties.  The Website and the Content is provided "as is" and “as available”, without warranty or condition of any kind, either express or implied.  MDKPC expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law.  While MDKPC 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 Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Website will be uninterrupted or error-free, (iii) that defects or errors in the Website or the Content will be corrected, (iv) that the Website will be free from viruses, malware, worms or other harmful components, and (v) that communications 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.

Release and Indemnity.  You hereby agree to release each of the MDKPC Released Parties from, and in no event shall any or all of the MDKPC 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 using the Website. You will indemnify and hold each of the MDKPC Released Parties 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 MDKPC Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website.

Links.  Morisawa De Koven Professional Corporation cannot be responsible for the content of other Websites. We expressly disclaim all liability with respect to actions taken or actions not taken based on content received from a third party Website linked, directly or indirectly, to that of Morisawa De Koven Professional Corporation. The link to another site is not to be construed in any way as an endorsement of the host, the site or the information contained therein, nor is such link to be inferred as an association or affiliation with the host.

Jurisdiction and Governing Law.  MDKPC operates this Website from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its content shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Website.

Termination.  MDKPC may, in its sole discretion, cancel or terminate your right to use this Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website or the part of the Website 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. MDKPC shall not be liable to any party for such termination.

Privacy Policy.  MDKPC will treat any personal information that you submit through this Website in accordance with its Privacy Policy.  Please click here to read and review MDKPC’s Privacy Policy, which describes MDKPC’s privacy policies and practices in detail, as such policy may be amended from time to time by MDKPC.  MDKPC advises you to check the Privacy Policy on a frequent basis for changes.  You hereby consent to the use of your Personal Information by MDKPC in accordance with the terms and for the limited purposes set forth in the Privacy Policy.

General.  Except for any agreement in respect of Content, this is the entire agreement between you and MDKPC relating to your access and use of the Website and the Content herein.  If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. MDKPC will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by MDKPC.  No delay or omission by MDKPC in exercising its rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.  MDKPC’ failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of MDKPC’ right to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.