Terms And Conditions

Terms And

Terms and Conditions

Use of this website is conditioned on the acceptance, without modification, of these terms and conditions (“Terms”). By using this website, you represent that you have read and understand these Terms and that you agree to be bound by the Terms as set forth below. Emond Montgomery Publications Ltd. (“Emond”) reserves the right at its discretion to modify the Terms under which this website is offered. Use of this website after the posting of any such modification constitutes your agreement to be bound by the Terms as modified. If you do not agree with the Terms of this website, please do not use this website or download any Materials from this website.
 
Certain features of this Service may be provided by third parties and the use of such features may be conditioned upon your agreement to such third parties’ terms of use and privacy policies. You understand that the Terms apply only to the parts of the Service that reside on Emond’s servers and not to those that reside on third-party servers not controlled by Emond.
 

PRIVACY

Emond is concerned about the safety and privacy of all users of the Service. Please read our Privacy Policy, which is an important part of the Terms. During the course of using the Services, we may ask you to share certain personal information for us to provide you with the Services. Our Privacy Notice describes our policies around collecting, using, and maintaining the privacy of your personal information.
 

PROPRIETARY MATERIALS

All materials whether displayed or transmitted on this website or available in hard-copy print format including without limitation the underlying code, digital and print text, photographs, images, illustrations, video, audio, graphics, publications, documents, practice exams and exam preparation materials (together "Materials"), are owned by Emond and are protected by Canadian and international copyright law, trademark law, and other proprietary rights, laws, and treaties. The reproduction, redistribution, modification or publication of any part of the Service without the express written consent of Emond or its licensors is strictly prohibited.
 
Emond does not access or use any Law Society of Ontario study or exam materials, or any other regulator’s materials in the creation of its Materials.
 

PROPRIETARY SERVICES

Emond operates electronic platforms that enable students, instructors, and practitioners to access and use certain online products and services offered by Emond (collectively the "Services") through this website. The Material on this website includes general non-proprietary information available to all users of this website, but to access and use the Services you may be required to register on this website.
 

LIMITED LICENSE 

Except as provided in these Terms, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials provided on this website, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You are granted a limited, personal, non-exclusive, non-assignable, and non-transferable license to access and use the Service for non-commercial, personal use only. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials. All rights not expressly granted herein are reserved by Emond.

During the applicable term of your subscription for Services, subject to the payment of any applicable fees and subject to compliance with these Terms, Emond grants you a limited, non-exclusive and non-transferable license to access and use the Services and Materials for your personal, non-commercial, educational purposes only. Emond is the owner and authorized user of all trademarks, logos, service marks and trade names ("Trademarks") on this website and is the owner or licensee of the Materials available on this website. You may not use any Trademark displayed on this website without our prior written consent.
 
You may view and print limited extracts of the Materials, in particular digital texts where permitted to do so by the Services, as well as stream videos on this website for personal, non-commercial use only. You may not archive or retain any of the Materials accessed on this website without the express permission of Emond. All requests for archiving, republication, or retention of any part of the Materials must be in writing to Emond clearly stating the purpose and manner the Materials will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted here: https://emond.ca/Customer-Care/permission-request.
 
You acquire no rights or licence whatsoever in the Materials other than the limited rights to use them per these Terms. Emond reserves any rights not expressly granted under these Terms. Emond reserves the right to modify, update, suspend, discontinue, or restrict the use of or access to this website or any portion of this website at any time and without notice or liability.
 

PERMITTED USE

Only you are to access the Services and Materials using your username or password. If your license includes access to digital eBooks, then you may access your eBook on only one (1) web session when using the third-party VitalSource reader, no concurrent uses are permitted. Emond digital eBooks are distributed and accessible only through the third-party VitalSource reader. VitalSource is not affiliated with Emond and use of the VitalSource reader is subject to separate terms of use and privacy policy. Upon registration and purchase of a license to access the Materials, you will be provided with a username and password which can be used to view digital eBooks on the VitalSource reader.
 
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your username, password or account. You may not share or distribute to a third party any username or password for accessing the Services or the Materials. You may access and use the Services and the Materials only for your personal research or study. If we have reason to believe you have shared your password information or access to your account or have used the Services in violation of the provisions herein, we may suspend or terminate your account and refuse all current or future use of the Services.
 

RESTRICTIONS

 Under no circumstances may a user of the Service: (i) frame or utilize framing techniques to enclose any part of the Service; (ii) gather, obtain, use, access or otherwise copy any part of the Service or Materials by using any bot, spider, crawler, spyware, engine, device, software or any other automatic device, utility or manual process of any kind; (iii) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service or such services; (iv) engage in any activity that interferes with another user’s access, use or enjoyment of this Service; (v) engage in systematic retrieval of content from the Services or the Materials to create or compile, directly or indirectly, a collection, compilation, database or directory; (vi) disseminate any portion of the Services or the Materials through any means; or (vii) reverse engineer the Services, nor circumvent, disable, or otherwise interfere with any technical and/or other limitations, including without limitation security-related features.
 

TERMINATION

Emond reserves the right at any time, and from time to time, to discontinue, temporarily or permanently, the Service or any part thereof or terminate any user’s access to the Service or any part thereof. Emond may also modify, delete or adapt the Service at any time without any notice or obligation to the user at Emond’s sole discretion. Your right to use and otherwise access the Service is automatically terminated if you violate the Terms. You agree that Emond will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service, or any part thereof. Upon termination for any reason, you must cease all access to the Service. All provisions of the Terms as to limitation and disclaimer of warranties, limitation of liability, Emond’s ownership rights and your representations and indemnities shall survive termination.
 
If you violate these Terms Emond may, but is not obligated to, report any such violation of these Terms to your educational institution or law society. When reasonably feasible, Emond will make reasonable efforts to provide notice of significant changes to the Services to users with active licenses to use the Services.
 

DISCLAIMERS

Emond makes no representation, neither expressly nor impliedly, as to the accuracy, completeness, timeliness, or reliability of the materials or any information on this website. By using this website or by relying on any of the materials or information carried on this website, you assume all the risk and responsibility arising out of use of or reliance on this website. None of the information provided on this website is provided as legal or other professional advice and you agree that it will not be relied upon as such.
 
Presentations and materials delivered by Emond are not intended as business or legal advice. No part of any course, webinar, seminar, video, or legal update should be relied upon as legal or business advice and viewers, readers, and participants should individually determine whether information received from Emond, its presenters, and authors, is appropriate to their individual circumstances. Neither the presenter, the author, nor Emond makes any representations or warranties regarding, and do not endorse any linked website or referenced publication, the content thereof, the information appearing thereon, or any of the products or services described thereon.
 
Neither Emond nor its licensors guarantee the accuracy or completeness of any information or content provided in the Materials, and while Emond makes good faith efforts to ensure that the Materials are updated regularly, it does not guarantee that the Materials are current or up to date. You agree that you must evaluate, and bear all risks associated with, the use of any Materials, including any reliance on the accuracy, completeness, or usefulness of such Materials.
 
Emond does not guarantee how or whether the Materials may be received or permitted to be used during licensing examinations of the Law Society of Ontario (LSO), and it shall bear no responsibility or liability whatsoever if the LSO, its proctors or agents refuse the use of such Materials during licensing examinations.
 
This website may from time to time contain links or pointers to websites maintained by third parties. Emond does not operate or control in any way any information, products, or services on these third-party websites and Emond expressly disclaims any responsibility for such third-party websites, which are provided for your convenience on an "as is" basis without warranties of any kind, express or implied.
 

REPRESENTATIONS AND WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE MADE BY EMOND OR ITS LICENSORS AND EMOND AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT;
 
NEITHER EMOND NOR ITS LICENSORS MAKE ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, AVAILABLE FOR ANY LENGTH OF TIME, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED; AND
 
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER EMOND NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICE.
 
THE MATERIALS AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. EMOND IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. EMOND RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND IMPROVEMENTS TO OUR WEBSITES, MATERIALS AND SERVICES AT ANY TIME WITHOUT NOTICE.
 

LIMITATION OF LIABILITY

IN NO EVENT WILL EMOND OR ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST DATA, LOST PROFITS OR GOODWILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN CONCERNING ANY USE OF EMOND MATERIALS, WEBSITES, THE SERVICES, OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS OF USE AND IN NO EVENT SHALL THE LIABILITY OF EMOND OR ITS LICENSORS FOR WHATEVER CAUSE EXCEED THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE EMOND MATERIALS, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, EMOND'S LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Emond and our officers, directors, employees, successors, licensors, service providers, and assignees from and against any claims, actions, demands, liabilities, losses, damages, costs and expenses including, without limitation, reasonable legal and accounting fees, arising from or relating to your breach of these Terms or your access to, use, or misuse of the Materials, this website, or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defence and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defence of such matter.
 

GENERAL INFORMATION; GOVERNING LAW

The Terms constitute the entire agreement between you and Emond, govern your use of the Service, and supersede any prior agreements between you and Emond concerning the Service. You also may be subject to additional Terms that may apply when you use affiliated services, third-party content or third-party software. To the fullest extent permitted by applicable law, the Terms and the relationship between you and Emond will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. To the fullest extent permitted by applicable law, you and Emond agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Emond to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.