Copyright, General Disclaimer and Terms
This entire Web Site is Copyright © 1998.
Canadian College of Construction Lawyers Inc.
The information and design of this site are
owned by The Canadian College of Construction Lawyers Inc.
(The College). Except for a single temporary copy in a single
computer's memory and a single permanent copy to be used
by user, the information contained herein may not be used,
copied, performed, distributed, rented, sublicensed, altered
or stored for subsequent use, in whole or in part, in any
manner, without the express prior written consent of The
College (unless such use constitutes fair use under the
Because of the possibility of human and mechanical
error as well as other factors, The College is not responsible
for any errors or omissions, either its own or its information
providers'. All information is provided "as is"
without warranty of any kind. The College makes no representations
and disclaims all express, implied, and statutory warranties
of any kind to user and/or any third party, including as
to accuracy, timeliness, completeness, merchantability,
or fitness for any particular purpose.
The College (and affiliates) have no liability
in tort, contract, or otherwise (and, as permitted by law,
product liability), to user or any third party.
The College (and affiliates) shall under no
circumstance be liable to user or any third party for any
lost profits or lost opportunity, or any indirect, special,
consequential, incidental, or punitive damages whatsoever,
from any application of the information provided within
this site, even if The College has been advised of the possibility
of such damages.
Some Canadian provinces, and foreign countries
provide rights in addition to those above, or do not allow
excluding or limiting implied warranties, or liability for
incidental or consequential damages. Therefore, the above
limitations may not apply to you or there may be provincial
provisions which supersede the above. Any clause declared
invalid shall be deemed severable and not affect the validity
or enforceability of the remainder. These terms may only
be amended in a writing signed by an authorized officer
of The College and are governed by the laws of the Canada
and the Province of Ontario.
Web Site Terms and Conditions Of Use
The Canadian College of Construction Lawyers
Inc. ("The College") may revise these Terms and
Conditions at any time by updating this posting. You should
visit this page periodically to review the Terms and Conditions,
because they are binding on you. If you do not accept the
Terms and Conditions stated here, do not use the Web Site.
Section 1. Use of Material
The College authorizes you to view and download
a single copy of the material on this Web site ("Web
Site") solely for your personal, noncommercial use.
Special rules may apply to the use of certain software and
other items provided on the Web Site. Any such special rules
are listed as "Legal Notices" on this Web Site
and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text,
graphics, images and other material ("Material"),
are protected by copyright under both Canadian and foreign
laws. Unauthorized use of the Material may violate copyright,
trademark, and other laws. You must retain all copyright
and other proprietary notices contained in the original
Material on any copy you make of the Material. You may not
sell or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any
way for any public or commercial purpose. The use of the
Material on any other Web site or in a networked computer
environment for any purpose is prohibited.
If you violate any of these Terms, your permission
to use the Material automatically terminates and you must
immediately destroy any copies you have made of the Material.
Section 2. The College's Liability
The Material may contain inaccuracies or typographical
errors. The College makes no representations about the accuracy,
reliability, completeness, or timeliness of the Material
or about the results to be obtained from using the Web Site
and the Material. The use the Web Site and the Material
is at your own risk. Changes are periodically made to the
Web Site and may be made at any time.
THE COLLEGE DOES NOT WARRANT THAT THE WEB
SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS
SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS.
IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COLLEGE
IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON
AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY
KIND. THE COLLEGE AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE
WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
THE COLLEGE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE
ACCURACY , RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE
MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential
IN NO EVENT SHALL THE COLLEGE, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT THE COLLEGE IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions
Generally, any communication which you post
to the Web Site is considered to be non-confidential. If
particular Web pages permit the submission of communications
which will be treated by The College as confidential, that
fact will be stated in "Legal Notices" on those
pages. By posting communications to the Web Site, you automatically
grant The College a royalty-free, perpetual, irrevocable
nonexclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicensees.
As a User, you are responsible for your own
communications and are responsible for the consequences
of their posting. You must not do the following things:
Post material that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post
it; post material that reveals trade secrets, unless you
own them or have the permission of the owner; post material
that infringes on any other intellectual property rights
of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another
User or any other person or entity; post a sexually explicit
image; post advertisements or solicitations of business;
post chain letters or pyramid schemes; or impersonate another
The College does not represent or guarantee
the truthfulness, accuracy, or reliability of any of communications
posted by other Users or endorse any opinions expressed
by Users. You acknowledge that any reliance on material
posted by other Users will be at your own risk.
The College does not screen communications
in advance and is not responsible for screening or monitoring
material posted by Users. If notified by a User of communications
which allegedly do not conform to this Agreement, The College
may investigate the allegation and determine in good faith
and its sole discretion whether to remove or request the
removal of the communication. The College has no liability
or responsibility to Users for performance or nonperformance
of such activities. The College reserves the right to expel
Users and prevent their further access to the Web Site for
violating this Agreement or the law and the right to remove
communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites
The Web Site contains links to third party
Web sites. These links are provided solely as a convenience
to you and not as an endorsement by The College of the contents
on such third-party Web sites. The College is not responsible
for the content of linked third-party sites and does not
make any representations regarding the content or accuracy
of materials on such third party Web sites. If you decide
to access linked third-party Web sites, you do so at your
Section 6. Software Licenses
All software that is made available for downloading
from the Web Site ("Software") is protected by
copyright and may be protected by other rights. The use
of such software is governed by the terms of the software
license agreement or designated "Legal Notice"
accompanying such software ("License Agreement").
The downloading and use of such software is conditioned
on your agreement to be bound by the terms of the License
Section 7. Limitation of Liability
Unless otherwise expressly provided in a Software
License or Legal Notice, The COLLEGE has no aggregate liability
to you for all claims arising from the use of the Materials
Section 8. Indemnity
You agree to defend, indemnify, and hold harmless
the College, its officers, directors, employees and agents,
from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material (including
Software) or your breach of the terms of this Agreement.
The College shall provide notice to you promptly of any
such claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or proceeding.
Section 9. Export Control
Some countries, such as the United States,
control the export of products and information. You agree
to comply with such restrictions and not to export or re-export
the Materials (including Software) to countries or persons
prohibited under the export control laws. By downloading
the Materials (including Software), you are agreeing that
you are not in a country where such export is prohibited
or are a person or entity to which such export is prohibited.
You are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or re-export
of the Product.
Section 10. User Information
The College may use the information it obtains
relating to you, including your IP address, name, mailing
address, email address and use of the Web Site, for its
internal business and marketing purposes and may disclose
the information to third parties for such purposes.
Section 11. General
This Web Site is based in Toronto, Ontario,
Canada. The College makes no claims the Materials are appropriate
or may be downloaded outside of Canada. Access to the Materials
(including Software) may not be legal by certain persons
or in certain countries. If you access the Web Site from
outside of the Canada, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
This Agreement is governed by the internal substantive laws
of the Province of Ontario, without respect to its conflict
of laws principles. If any provision of this Agreement is
found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of
this Agreement shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided
in a particular "Legal Notice" or Software License
or material on particular Web pages, this Agreement constitutes
the entire Agreement between you and the College with respect
to the use of Web Site. Any changes to this Agreement must
be made in writing, signed by an authorized representative
of the College.