Your Agreement to Terms and Conditions of Use.

Tkatch & Associates maintains a web site currently located at www.tkatchlaw.ca (the “Site”) which provides articles, publications, information, data and other materials (the “Content”). All use of the Site is subject to the following Terms and Conditions. If you do not agree with these Terms and Conditions, please do not access or use this website. These terms and conditions may be changed by Tkatch & Associates at any time without notice. Your use of the website constitutes your agreement to be bound by these terms and conditions.

Lawyer-Client Relationship Not Created

Your use of or access to the Site does not create a lawyer-client relationship. Your use of the Site may facilitate access to or communications with members of Tkatch & Associates by way of e-mail transmissions or otherwise via the Site. Receipt of any such communications or transmissions by any member of Tkatch & Associates does not create a lawyer-client relationship.

Legal Advice Not Provided

The Content is current as of its original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose. Content is provided solely for informational purposes. These materials constitute general information. They do NOT constitute legal advice or other professional advice and you may not rely on the contents of the Site as such, or any content by members of Tkatch & Associates posted outside the Site.

It is not intended to be legal or other professional advice or an opinion of any kind. You are advised to seek specific legal advice by contacting members of Tkatch & Associates (or your own legal counsel) in relation to your specific legal issues. Tkatch & Associates is an Ontario based law firm and our lawyers are licensed to act in the Province of Ontario (Canada).

The contents of the Site does not necessarily represent the opinions of Tkatch & Associates or its clients. If you require legal advice, you should retain competent legal counsel to advise you. If you would like to retain Tkatch & Associates, please contact one of our lawyers, who will be pleased to discuss whether our firm can assist you. A solicitor-client relationship will arise between you and our firm only if we specifically agree to act for you by way of a signed written retainer. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.

Communications Not Confidential

Tkatch & Associates does not guarantee the confidentiality of any communications sent by email or through the Site, or left in voicemail messages on firm telephones. Unsolicited information and material may not be treated as confidential and will not be protected by any solicitor-client privilege. Accessing or using the Site does not create a solicitor-client relationship. Although the use of the Site may facilitate access to or communications with members of Tkatch & Associates by e-mail or voicemail, receipt of any such communications or transmissions by any member of Tkatch & Associates does not create a solicitor-client relationship, unless our firm agrees to represent you. Although Tkatch & Associates has made reasonable efforts to ensure that the materials contained on the Site are accurate, it does not warrant or guarantee: the accuracy or completeness of the materials; that the site will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and the materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.

Viruses

The downloading of Content is done at your own risk. Tkatch & Associates cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer systems or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.

No Unlawful or Prohibited Use

You agree that you will not, without our prior written permission, use the Site and the Content for your own purposes. You may not frame the Site or the Content or any part thereof on any commercial or non-commercial internet web site. You acquire absolutely no rights or licences to the Site or the Content other than the limited right to use the Site and the Content in accordance with these Terms and Conditions. You agree that you will not use the Site for any purpose that is unlawful. Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site or the Content, in whole or in part, and any disassembly, reverse engineering or other exploitation of the Site, without prior written permission, is strictly prohibited.

Ownership

All Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site or in the Content are owned by Tkatch & Associates and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws.

Third Party Sites

The Site has been designed to be a resource for information on matters that might be of interest to current or potential clients. As a result, there are links throughout the Site to third party sites. Tkatch & Associates does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Tkatch & Associates’ control and if you choose to access any such web site, you do so entirely at your own risk.

Disclaimer and Limitation of Liability

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. TKATCH & ASSOCIATES DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. TKATCH & ASSOCIATES DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, TKATCH & ASSOCIATES DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL TKATCH & ASSOCIATES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OR ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT TKATCH & ASSOCIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

Governing Law

These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of the Site or the Content by you, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.

General Provisions

These Terms and Conditions, including any documents referenced herein, constitute the entire agreement between Tkatch & Associates and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tkatch & Associates with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Tkatch & Associates’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

Copyright and Trade-Mark Notices

© Tkatch & Associates. All rights reserved. No part of the Site or the Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of Tkatch & Associates (to request such consent, please contact us at: 416-968-0333) All copies must include this copyright notice.