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1. This Site is owned and operated by the
owner of the worldcourts.com domain. In the foregoing, the owner
of the domain is referred to as “WorldCourts” and the Site
visitors are referred to as “you” or “User” or “person” or
“entity”.
2. All references to the “Site” incorporate the content of the
Site or part thereof.
3. By accessing or using
this Site in any way, you agree to abide by all of the following
Terms and Conditions.
4. If you do not agree to these Terms & Conditions of Use, you
shall not use this Site.
CAPACITY TO ENTER INTO CONTRACT
5. Any material is provided only to persons and entities that
can form legally binding contracts under applicable law. Without
limiting the foregoing, minors may not use the
www.worldcourts.com without proper parental consent.
TERMS MAY BE SUBJECT TO CHANGE WITHOUT NOTICE
6. WorldCourts reserves the right to change, modify, add or
remove parts of the present Terms and Conditions at any time and
at its own discretion.
7. Your continued use of this website after any such changes
constitutes your acceptance of the new terms.
8. If you don't agree to the changes, modifications, additions
or deletions, then you must stop using the Site.
EQUIPMENT
9. You are responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for
access to and use of the site and all charges related thereto.
CONTENT CAN CHANGE WITHOUT NOTICE
10. WorldCourts has the right at any time and in its sole
discretion to change or discontinue the operation of the Site,
and to do so without notice.
11. Notwithstanding any of these terms and conditions,
WorldCourts has the right, at any time and in its sole
discretion, to terminate any User’s license to use this Site,
and to prevent future use of the Site, and to do so without
notice.
COPYRIGHT AND TRADEMARKS
12. THE USER ACKNOWLEDGES THAT THE SITE IS PROTECTED BY
COPYRIGHT, NEIGHBOURING RIGHTS, DATABASE RIGHTS, TRADEMARKS,
TRADE SECRETS, OTHER PROPRIETARY RIGHTS AND/OR OTHER APPLICABLE
LAW, AND THAT THESE RIGHTS ARE VALID AND PROTECTED IN ALL FORMS,
MEDIA AND TECHNOLOGIES EXISTING NOW OR HEREAFTER DEVELOPED.
13. The compilation of materials gathered here by WorldCourts
and the pages holding them are protected by copyright, with the
copyright held by WorldCourts. The Site is copyrighted as a
collective work under copyright laws, and WorldCourts owns a
copyright in the selection, coordination, arrangement and
enhancement of such Content.
14. Distribution of these pages on the Internet does not
constitute consent to any use not authorized by these Terms and
Conditions of Use.
15. WorldCourts, WorldCourts.com and its logos are trademarks of
the owner of the worldcourts.com domain. Other products, brands,
company names and the like are trademarks of their respective
owners. In addition, all page headers, custom graphics, button
icons and scripts are service marks, trademarks and/or trade
dress of WorldCourts, and may not be copied, imitated or used,
in whole or in part, without the prior written permission of
WorldCourts.
16. You may not reproduce or distribute Content protected by
copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or her proprietary
right.
17. YOU MAY NOT REPRODUCE, COPY OR REDISTRIBUTE THE DESIGN OR
LAYOUT OF THIS WEB SITE, INDIVIDUAL ELEMENTS OF THE WEB SITE
DESIGN, WORLDCOURTS LOGOS OR OTHER LOGOS APPEARING ON THIS WEB
SITE, WITHOUT THE EXPRESS WRITTEN PERMISSION OF WORLDCOURTS.
Reproduction, copying or redistribution for commercial purposes
of any materials or design elements on the Site is strictly
prohibited without the express prior written permission of
WorldCourts. Images and descriptions of products may be supplied
to us by third parties, who reserve all rights in those
materials.
18. Copyright is not claimed as to any work of the United States
government or other materials that are in public domain, but
WorldCourts does claim copyright in markup, navigation
apparatus, and other value-added features of electronic editions
of government publications.
19. Any materials provided on the Site without permission from
the copyright owner(s) under the "fair use" doctrine may not be
distributed for other purposes without permission of the
copyright owner(s).
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
20. If you believe that your work has been copied and is
accessible on this site in a way that constitutes copyright
infringement, please notify WorldCourts via email at admin@worldcourts.com
by providing the following information:
a. identification of the copyrighted work claimed to have been
infringed;
b. identification of the allegedly infringing material on the
Site that is requested to be removed;
c. your name, address and daytime telephone number, and an
e-mail address if available, so that WorldCourts may contact you
if necessary;
d. a statement that you have a good faith belief that the use of
the copyrighted work is not authorized by the copyright owner,
its agent, or the law;
e. a statement that the information in the notification is
accurate, and under penalty of perjury, that the signatory is
authorized to act on behalf of the owner of an exclusive
copyright right that is allegedly infringed; and
f. an electronic or physical signature of the copyright owner or
someone authorized on the owner's behalf to assert infringement
of copyright and to submit the statement.
21. WorldCourts will remove any posted submission which
infringes the copyright of any person under the laws of the
Province of Ontario upon receipt of such a statement
LICENSE
22. WORLDCOURTS GRANTS THE USER A NONEXCLUSIVE, LIMITED LICENSE
TO CONSULT, DOWNLOAD, PRINT AND COPY THE MATERIALS CONTAINED ON
THE SITE FOR THE USER'S PERSONAL, NON-COMMERCIAL USE, SUBJECT TO
THESE TERMS AND CONDITIONS OF USE AND SO LONG AS THE WORLDCOURTS
IS CITED AS THE SOURCE OF THE ORIGINATING MATERIAL. YOU MUST
MAINTAIN ALL COPYRIGHT AND OTHER NOTICES CONTAINED IN ANY
CONTENT IN THE COURSE OF ANY USE OF SUCH CONTENT.
23. The User may not exercise any of the rights granted above in
any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation.
24. The User is NOT authorized
a. to resell, distribute, or make derivative uses of the Site;
b. to copy, modify, reproduce, republish or retransmit any
information on the Site;
c. to decompile, reverse engineer, disassemble from materials
available on the Site;
d. to use the Site for commercial use;
e. to use the Site for public purposes;
f. to use any data mining, robots or similar data gathering and
extraction methods;
g. to rent, lease, loan, sublicense, assign, or transfer the
License;
h. to download from the website significant portions of the
documents pertaining to the same institution.
25. Except as noted above, the User is not conveyed any right or
license by implication, estoppel or otherwise in or under any
patent, trademark, copyright or proprietary right of WorldCourts
or any third party.
26. The restrictions on use of the Site as set forth in this
Terms and Conditions shall survive any termination of the
license.
REPRESENTATIONS AND WARRANTIES
27. YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.
THE SITE AND MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH
IT, ARE PROVIDED "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT
WARRANTY OF ANY KIND.
28. WORLDCOURTS DOES NOT WARRANT THE ACCURACY, CURRENCY,
QUALITY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF
ANY OPINIONS, ADVICE, CONTENT, SERVICES, OR MERCHANDISE PROVIDED
THROUGH THE SITE OR ON THE INTERNET GENERALLY.
29. WorldCourts makes no representations or warranties of any
kind concerning the Site, express, implied, statutory or
otherwise, including, without limitation, warranties of title,
merchantibility, fitness for a particular purpose,
non-infringement, or the absence of latent or other defects,
accuracy, completeness, or the presence or absence of errors,
whether or not discoverable.
30. THIS SITE IS MAINTAINED FOR INFORMATION PURPOSES ONLY. THE
USER IS ADVISED TO VERIFY ANY INFORMATION THAT IS REPRODUCED ON
THE SITE AGAINST ORIGINAL DOCUMENTS.
31. Some jurisdictions do not allow the exclusion of certain
warranties, so some of the above exclusions may not apply to
you.
LIMITATION OF LIABILITY
32. WORLDCOURTS, ITS PARTNERS, AGENTS, EXECUTIVES, DIRECTORS,
EMPLOYEES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE
SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO
ALL CONTENT ON THE SITE.
33. This disclaimer of liability applies to any damages or
injury caused by any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft
or destruction or unauthorized access to, alteration of, or use
of record, whether for breach of contract, tortuous behavior,
negligence, or under any other cause of action.
34. Under no circumstances, including but not limited to
negligence, shall WorldCourts, its staff, contractors or
employees be liable for any direct, indirect, incidental,
special or consequential damages, even if the WorldCourts has
been advised of the possibility of such damages.
35. The consultation or use of the Site shall automatically
constitute full acceptance of the above disclaimer of liability.
36. Some jurisdictions do not allow the limitation or exclusion
of liability for incidental or consequential damages, so some of
the above may not apply to you. In such jurisdictions, liability
is limited to the fullest extent permitted by law.
NOT PROFESSIONAL OR LEGAL ADVICE
37. THE SITE HAS BEEN PREPARED FOR INFORMATIONAL PURPOSES ONLY,
IS INTENDED SOLELY AS GENERAL GUIDANCE AND IS NOT LEGAL ADVICE.
38. The information contained in the Site may or may not reflect
the most current legal developments.
39. Transmission of the information is not intended to create,
and receipt does not constitute, an attorney-client
relationship. This information is not provided in the course of
an attorney-client relationship and is not intended to
constitute legal advice or to substitute for obtaining legal
advice from an attorney licensed in your state.
REMEDIES
40. If the User is dissatisfied with the information on the
Site, the User’s sole and exclusive remedy is to cease using it.
INDEMNIFICATION
41. As a condition of use of the Site, the User agrees to
defend, indemnify and hold harmless each of WorldCourts, its
partners, agents, executives, directors, employees and
affiliates from any claims and expenses, including reasonable
attorney's fees and court costs, arising out of or related to
the User’s access to the Site and the information herein
contained.
LINKS TO THIRD-PARTY SERVICES
42. This Site contains links to websites not under WorldCourts’
control.
43. WorldCourts provides those links as a convenience for Users
of the Site and is not responsible for their contents. The
presence of a link does not imply endorsement or approval of its
contents by WorldCourts or its partners, agents, executives,
directors, employees and affiliates.
LINKING TO WORLDCOURTS
44. You are granted a limited, nonexclusive right to create a
hyperlink to this Site provided such link does not portray
WorldCourts or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner. You may
not use a WorldCourts logo or other proprietary graphic or
trademark of WorldCourts to link to this Site without the
express written permission of WorldCourts. This limited right
may be revoked at any time.
GOVERNING LAW
45. By accessing the Site both you and WorldCourts agree that
the statutes and laws of the Province of Ontario, without regard
to the conflicts of laws principles thereof, will apply to all
matters relating to use of the Site. You and WorldCourts also
agree and hereby submit to the exclusive jurisdiction of the
Superior Court of Ontario or Ontario Court of Justice with
respect to such matters.
SEVERABILITY
46. If any provision or provisions of these Terms of Service
shall be held to be invalid, illegal, unenforceable, or in
conflict with the law of any jurisdiction, the validity,
legality, and enforceability of the remaining provisions shall
not be in any way affected or impaired thereby.
ENTIRE AGREEMENT
47. These Terms and Conditions constitute the entire agreement
with respect to the Site. The WorldCourts shall not be bound by
any additional provisions that may appear in any communication
from the User.
48. Use of this service is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms of
service, including without limitation this paragraph.
RIGHTS RESERVED
49. All rights not expressly granted in these Terms and
Conditions are hereby reserved.
PRIVACY POLICY
50. Any information that is collected by WorldCourts and that
does not identify the User personally is non-confidential and is
not subject to any obligation of confidence on the part of
WorldCourts. This includes, but is not limited to, internet
protocol (IP), navigation through the site, software used, and
time spent.
51. WorldCourts reserves the right to use, process and disclose
such data without restriction at any time and its sole
discretion.
52. WorldCourts assume no responsibility for the security of
this data.
53. WorldCourts may preserve, disclose or use data if required
to do so by the law applicable in any jurisdiction or in the
good faith belief that doing so is necessary to (a) comply with
legal process; (b) enforce these Terms and Conditions; (c)
respond to claims that any content violates the rights of third
parties; or (d) protect the rights and property of WorldCourts.
WAIVER
54. Nothing in these Terms and Conditions may be interpreted to
reduce, limit, or restrict the exclusive rights of the owner(s)
of the information, documents and materials contained on the
Site under copyright law, neighbouring rights law, database law
or other applicable laws.
COMPLIANCE WITH LAW
55. As a condition of your use of this Service, you warrant to
WorldCourts that you will not use this Site for any purpose that
is unlawful or prohibited by these Terms of Service.
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