Terms of service
Gary Bouchard – Business & Technology Law (“Firm”)
Website Terms and Conditions of Use
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE.
These terms and conditions of use, including any applicable policies referred to below ("Terms"), govern your use of the Firm’s website (“Website”). By accessing the Website or using any of the Materials (as defined below) displayed or accessible at or contained on the Website or offered by the Firm linked to these Terms, you are agreeing to accept these Terms.
Users of the Firm’s services must additionally agree to and have formed a lawyer-client relationship with the Firm. The formation of a lawyer-client relationship with the Firm or any of its lawyers requires prior satisfaction of multiple elements, including without limitation resolution of possible conflicts of interest, an appropriate fee arrangement, and mutual agreement on the terms of the engagement.
If you do not accept these Terms, please do not use the Website. All information contained on the Website and in the Materials is intended for general usage only and does not constitute the provision of legal services.
Use of the Website
The Firm authorizes Website visitors and users of its services ("you" or “your”) to view and download the materials on the Website, including text, pictures, reports, graphics, audio or video clips, software and any other information that may be offered at the Website from time to time ("Materials") for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials, abide by all laws, and comply with all requirements identified in these Terms. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them, in whole or in part, for any public or commercial purposes. Any use, display, reproduction, distribution, or storage of the Materials (excluding your Content, as defined below), in whole or in part, on any other website, electronic device or networked computer or storage environment, or any production or retention of any Materials in any other form or medium for any purpose is prohibited.
Privacy of personal information
The collection of any identifiable work-related information about an individual (e.g. work phone number, work e-mail, and work fax) and any other information processed by the Firm through the Website and referenced in the Firm’s Privacy Policy is done only with the consent of the individual, and in accordance with the Firm’s Privacy Policy, which forms part of these Terms, and applicable laws. We urge you to review the Firm’s Privacy Policy. The Firm may contact you by phone or email to provide you with updates pertaining to its services as well as information about additional services, general legal and business information and affairs, offers, products, or events that the Firm believes may be of interest to you. You can choose to unsubscribe to such updates by contacting the Firm’s Privacy Officer via email at gary@garybouchard.ca or by following the links on materials sent to you.
Monitoring
You acknowledge that the Firm has no obligation to monitor any Materials or your Content (as defined below) accessible, transmitted through, or posted to this Website. Any information posted by you on the Website or transmitted by you to the Website, and Website Visitor Information as described in the Firm’s Privacy Policy, is referred to collectively in these Terms as “your Content”. You agree that the Firm has the right to monitor the use of the Website electronically from time to time and to disclose any information, including your Content, necessary to: (a) satisfy any legal, regulatory, or other government request; (b) to operate the Website properly; or (c) to protect itself and other visitors to or users of the Website in accordance with the Firm’s Privacy Policy. The Firm reserves the right to refuse to post or to remove any Materials or your Content in whole or in part, that, in its sole discretion is unacceptable, or in violation of these Terms.
Network security
The Firm provides you with access to and use of the Website through the networks of other telecommunications providers and through other suppliers and third parties (together "Suppliers"). Your access to and use of the Website, the technology, communications, and network infrastructure and facilities, and all components thereof (collectively, “Services”) of the Firm is at your own risk. The Firm assumes no responsibility for security of your facilities or networks or for unauthorized access to or use of such networks or facilities. In all cases, you are responsible for determining and establishing secure network access configurations. The Firm, its individual lawyers, affiliates and Suppliers, and each of their respective directors, officers, employees, consultants, agents, and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach, or any loss that results from your access to and use of the Services or that arises out of the transmission of confidential or sensitive information over the Internet.
Downloads
Any software made available to you for downloading in connection with the Services is done so subject to the applicable terms and conditions provided to you during the downloading process. You agree to review and abide by any applicable terms and conditions and assume all risk associated with the use of such software.
Illegal usage prohibited
You shall not use the Services to post, transmit, upload, distribute, or publish any of your Content that is libelous, seditious, defamatory, fraudulent, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of the Firm. You agree that your Content and your access to and use of the Website and Materials shall comply with all applicable local, provincial, state, federal, and international laws, regulations, and treaties. In addition, while using the Website, you shall comply with generally accepted internet standards and shall refrain from any abusive use of the Internet in accordance with these Terms as modified from time to time. You place any of your Content on the Firm’s Website at your own risk. Portions of or all your Content may be lost because of a system error or because of editing. The Firm and its Suppliers make no commitments with respect to recoverability of lost data or information.
False advertising prohibited
It is prohibited to use the Services to post any advertising, promotions, or other of your Content that contains false, deceptive, or misleading statements, claims, or representations.
Trademark
The Firm name and the Firm logo are trademarks of Gary Bouchard. Any use, display, reproduction, or distribution of the Firm’s trademarks without prior written authorization of Gary Bouchard is expressly prohibited.
Copyright
© 2024 Gary Bouchard. All rights reserved. The content, design, and layout of this Website and the Materials are the property of Gary Bouchard. Unauthorized use or reproduction of any of this Website or the Materials, including but not limited to text, images, and videos, is strictly prohibited without prior written consent from Gary Bouchard. The Website and Materials are protected under Canadian, US, EU, and international copyright laws and treaties. For permission requests, please contact us at gary@gary-bouchard.com. Any unauthorized use of any Materials may violate copyright, trademark, and other laws. If you breach any of these Terms, authorization to access and use the Services automatically terminates and you must immediately destroy all downloaded, printed, and stored Materials.
Links to other websites
Links to third party websites on the Website are provided solely as a convenience to you. If you use these links, you will leave the Website. The Firm has not reviewed all these third-party websites and does not control and is not responsible for any of these websites or their content. The Firm does not endorse or make any representations about these websites or their contents or any information, or other products or materials found there, or any results that may be obtained from using them. If you access or use any of the third-party websites linked to the Website, you do so entirely at your own risk.
Termination
You acknowledge and agree that the Firm, in its sole and absolute discretion, may, without notice to you, suspend or terminate your access to or use of the Website or any Materials, and remove and discard any Materials or your Content for any reason, including where the Firm believes that you have violated any of the Terms. You agree that the Firm shall not be liable to you or to any other person because of any such suspension or termination. If you are unsatisfied with any Terms, policies, or guidelines regarding the use of the Website or of the Services, please discontinue using the Website and/or the Services.
Indemnification
To the fullest extent permitted by law, you shall indemnify and forever save harmless the Firm, its individual lawyers, affiliates and Suppliers and each of their respective directors, officers, employees, consultants, agents, and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with your access to or use of the Website, the Services, and Materials, from your breach of any Terms herein, or from any such acts arising through your use of any information provided through this Website or the provision of any communications or other materials by you to the Website.
Disclaimer of warranty
You acknowledge that you are using the Website and any Services or Materials at your own risk. The Firm and its Suppliers do not guarantee error–free or uninterrupted operations of the Website or Services. The Services and information provided at the Website are provided "as is" without any warranties of any kind whatsoever, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property. The Firm and its Suppliers do not warrant the accuracy and completeness of the Materials available on or through the Website. The Materials on the Website may be out of date, and the Firm makes no commitment to update the Materials on the Website. Information published on the Website may refer to products, programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of liability
You agree that in no event will the Firm, its individual lawyers, affiliates, and Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers be liable to you for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of use of this Website (including the Services, Materials or information contained on this Website and/or other linked websites), any unauthorized access to or modification of your Content, in whole or in part, you may have posted, accessed or transmitted through the Website or the Services, or any activity or electronic transactions made through this Website or the Services, whether based on warranty, contract, tort or any other legal theory and whether the Firm has been advised of the possibility of such damages.
Applicable laws
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to conflict of laws principles. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and irrevocably attorn to the jurisdiction of such courts.
General
The Firm may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you, and your continued use of the Services signifies your acceptance of these revised Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on pages at the Website.
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
Entire agreement
These Terms and any of the Firm’s other documents referred to herein constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral. Nothing contained in these Terms shall limit or derogate from any rights or remedies available to the Firm at law, in equity, or otherwise.
Waiver
The Firm will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by the Firm. No delay or omission by the Firm in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.