1. Grant of License
ESC Corporate Services Ltd. ("ESC") grants to the subscriber through its employees ("you", "your") a non-exclusive non-transferable license to use this Web Site to request products and services, solely for your business purposes, including: searches and copies of search results, electronic filings, registrations and provision of supplies ("Services"), only in accordance with and subject to the terms and conditions of this Agreement.
2. Prohibitions on use:
Except as you are expressly authorized pursuant to this Agreement, you may not:
3. Ownership of Intellectual Property:
ESC Corporate Services Ltd. ("ESC") owns all right, title and interest in all materials displayed or transmitted on this Web Site, including but not limited to software, the underlying HTML code, text, photographs, images, illustrations, video clips, audio clips, graphics, databases and the selection and organization of information, including copyright, intellectual property and other proprietary rights, subject only to a Government's ownership of any information filed under a statute and recorded in a database under the custody or control of a Government to which ESC Corporate Services Ltd. ("ESC") has been provided access for the delivery of Services.
4. Government Program compliance:
You must comply with any further terms and conditions imposed by any Government program upon end-users accessing its products or services through ESC Corporate Services Ltd. ("ESC"). Such further terms and conditions will be made available to you on this Web Site prior to your request for a particular Service. For greater certainty, Government program means a program authorized or maintained by a government body. Some examples of databases maintained by Government programs are ONBIS (the Ontario Business Information System) and the one kept for filings under the PPSR (Personal Property Security Registration), both maintained by the Ministry of Government Services; and NUANS®, a computer database under the authority of Industry Canada.
You shall hold any password and user name for accessing the Services available on this Web Site in strict confidence and shall not disclose such password or user name to any third party without the prior written consent of ESC Corporate Services Ltd. ("ESC"). ESC Corporate Services Ltd. ("ESC") reserves the right to change passwords and user names at any time, subject to notice being given to you. You are responsible for any and all activities that occur under your password and user name. You agree to notify ESC Corporate Services Ltd. ("ESC") immediately of any unauthorized use of this Web Site or the Services provided hereunder or any other breach of security.
You shall be solely responsible for the selection of suitable equipment to support the use of this Web Site, the Services and for the results obtained from such use. You acknowledge that ESC Corporate Services Ltd. ("ESC") is not responsible for any performance deficiencies due to your equipment or network or your Internet access.
This web site and the services are provided on an "as is" basis. your use of and reliance thereon are at your own risk. ESC Corporate Services Ltd. ("ESC") does not make, and hereby expressly disclaims, any and all express and/or implied warranties or conditions, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. Without limitation of the foregoing and notwithstanding anything herein contained:
9. Limitation of Liability:
Neither ESC Corporate Services ltd. ("ESC") nor its suppliers, agents, officers, or directors shall have any liability to you or any other person or entity for any indirect, incidental, special, punitive or consequential damages arising out of your use or inability to use this web site or the services provided hereunder, whatsoever, including but not limited to loss of revenue or profit, failure to realize anticipated profits or savings, lost or damaged data, or other commercial or economic loss, even if ESC Corporate Services Ltd. ("ESC") has been advised of the possibility of such damages or such damages are foreseeable; Or for claims by a third party. ESC Corporate Services Ltd. ("ESC")'s maximum aggregate liability and that of its suppliers, agents, officers and directors to you shall not exceed the amount paid by you for the services provided hereunder. The limitations in this clause shall apply whether or not the alleged breach, default, non-performance or failure is a breach of fundamental condition or term, or a fundamental breach.
You will indemnify and hold ESC Corporate Services Ltd. ("ESC") harmless from and against any and all claims, including all legal costs, which a third party or Government may assert against ESC Corporate Services Ltd. ("ESC") by reason of or as a consequence of your use of this Web Site or your use of the Services.
ESC Corporate Services Ltd. ("ESC") may from time to time, amend the terms and conditions for access to its Services upon notice. The notice may be made by amending the appropriate screen on ESC Corporate Services Ltd. ("ESC")'s website which you access for Services. If you make a request for Services after ESC Corporate Services Ltd. ("ESC") has amended the screen, you will be deemed to have accepted the amended terms and conditions.
12. Governing law:
This agreement shall be governed and construed in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein. Any dispute arising hereunder shall be adjudicated solely in the applicable court in Toronto, Ontario, Canada.
You shall not assign or transfer this Agreement or any of its rights or privileges granted hereunder, or any part thereof, directly or indirectly, without the prior written consent of ESC Corporate Services Ltd. ("ESC"). Subject to the foregoing, this Agreement shall ensure to the benefit of the parties, their respective successors and permitted assigns.
14. Entire Agreement:
This Agreement constitutes the entire agreement between the parties pertaining to the subject-matter hereof and supersedes all prior representations, warranties, agreements and understandings, whether oral or written, express or implied. No supplement, modification or waiver of this Agreement shall be binding unless agreed to in writing by both parties.
If any provision of this Agreement is declared by a Court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and the other provisions shall remain in full force and effect.
I have read this Agreement and I accept and agree to be bound by its terms and conditions.
Disclaimer: NUANS® is a registered Trademark owned by Industry Canada
The range of products and services we offer continues to expand and the technology we use continues to change. But, no matter how our business changes, we will always do our best to protect your privacy. This policy will be reviewed for appropriateness from time to time as our users and requirements change. This policy may change from time to time so please check back periodically.
What Information We Collect:
Like most organizations, we collect and use personal information about our customers and visitors to our web sites. Personal information means any information about an identifiable individual. We collect your personal information online to provide you with the most personalized web experience possible. In many cases the more we know about you the more value we can offer you.
Personal information will only be collected by fair and lawful means. Our collection of personal information will be limited to that necessary for the purposes we have identified to you. By providing us with your personal information and using our site, you are deemed to have provided your permission to this collection and use of information for the purposes set out herein.
Information collected may include: contact information such as your name, company name, address, billing address, phone/fax numbers, e-mail address; billing information such as credit card information or bank account information, tracking information from cheques and money orders; client docket information; areas of practice; and details regarding your business transactions with us.
How We Use the Information We Collect:
We collect information throughout our web site, including statistics, domain names and/or IP addresses to help diagnose technical problems, administer our web site and to provide you with information on products or services that might be of interest to you.
We retain the content of e-mails that you send us, your e-mail address and our responses in order to handle any follow-up questions you may have.
We use the contact information and areas of interest information, as appropriate, in the normal course of our business to build your account with us, send you requested information, provide you with our products or services, personalize the delivery of site content to you or contact you when necessary. Personal information is required in order to identify you as a customer and to provide you with access to our products and services and other products and services we feel might be of interest to you. Billing information and client docket information that is collected is used to bill you for products and services that you request.
In order to provide you with our best service, it may be necessary for us and our affiliated companies, to share the personal information you have provided, with each other. Also, this site has several necessary content suppliers who assist in providing the services or products associated with this site. As part of the operations of the site, these companies may have access to your personal information. In particular, we will provide personal information to third party suppliers so they can fulfill any orders you may place through the shopping cart.
We may also use personal information and data collected to generate statistics and aggregate reports for internal use, such as new product development and marketing and for sharing with affiliates, subsidiaries, licensees, content suppliers, successors and advertisers. These statistics and aggregate reports will not contain any personally identifiable information; your identity is kept anonymous.
Cookies in and of themselves do not personally identify users, although they do identify a user's computer. With most Internet browsers you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is used. Please refer to your browser instructions or help screen to learn more about these functions.
Limiting the Use of Information:
We will not use personal information for purposes other than: those for which it is collected; for legitimate practices; or for uses consistent with previous uses or with specified purposes, except with your consent or as required by law. We will retain personal information only as long as is necessary for the fulfillment of the purposes for which it was collected or as a requirement for government and/or registration purposes. Further we will not use or share the personal information provided to us in ways unrelated to the purposes for which it was collected or to legitimate practices or to consistent uses, without also providing you with an opportunity to opt-out or otherwise prohibit such unrelated uses. You may withdraw your permission at any time after you have given it, provided that there are no contractual restrictions or legal requirements to prevent this.
From time to time, we will notify users of new products, services, partnerships and upgrades. If you currently receive updates and wish to opt-out, you can send an e-mail to email@example.com with "remove me" in the subject line.
Disclosing Information Collected:
We may disclose personal information without your consent where such disclosure is: required by law, regulation or government request; required to comply with a warrant or court order; related to an offence that has been or is about to be committed; required due to an emergency; made for the purpose of collecting a debt owed by you; made to our lawyers or other agents in the course of representing us; protecting our rights or property and that of our users, sponsors, providers, licensors or merchants; or necessary or appropriate to site operation.
As we continue to develop our business, we may acquire additional companies. In such transactions, customer information is generally one of the transferred business assets. Also, in the unlikely event that Teranet or substantially all of its assets are acquired, customer information will be one of the transferred assets.
We have security measures in place to protect the loss, misuse and alteration of the information under our control. We have adopted appropriate safeguards to ensure that personal information is secure against disclosure, loss or theft or unauthorized access, copying, use or modification. Such safeguards include physical measures, such as restricting access to offices and filing cabinets, organizational measures, such as limiting access to personal information on a "need to know" basis and technological measures such as using passwords and encryption. Our employees are aware of the importance of maintaining the confidentiality of personal information.
As the Internet is not a totally secure medium, we cannot guarantee that our safeguards will always be totally effective particularly in cases of fraudulent conduct or fraudulent concealment, provision by third parties of incorrect data, willful actions by third parties to corrupt or tamper with the database and/or the data and other such actions or occurrences.
Links To Other Sites:
We would like to remind you that we provide additional links to resources we believe may be useful to you. These links will lead you to sites operated by different organizations with different privacy practices. We are not responsible for the privacy practices or the content of such web sites.
How to Contact Us:
Upon request and reasonable notice customers will be given information about their personal information held by us. You will be provided with an opportunity to confirm the accuracy and completeness of your personal information and have it amended.
Our goal is to protect your privacy. If you have any questions, comments or concerns about these privacy policies, please contact our Privacy Officer at: