Website Use Agreement

This version in effect since July 1, 2011.

  1. Your Acceptance of this Agreement

    This is an Agreement between you and the Office of Cockburn and Associate (“Company”), and governs your use of the website and its content (collectively the ”website“). Each time you use the website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent.

  2. No Lawyer-Client Relationship

    No lawyer-client, advisory, or fiduciary relationship is created by this Agreement or your use of the website or your communication with a Company professional by e-mail or through the website.

  3. No Professional Advice

    The website is for convenience and informational purposes only. The website is not intended to be a comprehensive or detailed statement concerning the matters addressed; legal or any other kind of advice; or an offer to sell or buy any product or service. You should seek appropriate, qualified professional advice before acting or omitting to act based upon any information provided on or though the website.

    The website may not be used to request legal advice or to transmit to the Company any confidential information. Information transmitted to the Company through the website may not be secure, may not be treated as confidential or protected by lawyer-client privilege, and does not create any relationship or duty of any kind. You should not send confidential or sensitive information by the Internet or e-mail unless you take appropriate precautions, such as the use of encryption.

  4. Permitted Users and Access

    The website may be used only by Canadian residents who are of the age of majority and can form legally binding contracts under applicable law. The website may not be used by persons in jurisdictions where access to or use of the website or any part of it may be illegal or prohibited.

  5. Submissions

    By submitting your story for the “Share your story about a collection agency” section of this website (“Share Your Story”) you:

    1. agree that you will not submit any information, links, e-mails, text, pictures, graphics, files or other materials (“Content”) to Share Your Story that:
      1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libellous, hateful or racially or ethnically or otherwise objectionable;
      2. you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationships; or
      3. infringes any intellectual property or other proprietary rights protected or protectable under the laws of Canada or any other laws;
    2. with respect to any Content you transmit to the Company, grant the Company:
    3. agree that you are solely and fully responsible for all information, links, e-mails, text, pictures, graphics, files or other materials (“Content”) that you submit to Share Your Story and represent, warrant and covenant that you have, and will continue to have, all necessary rights and authority to grant any licences in or to such Content and that such Content will not infringe any proprietary right of any third party;
    4. without limiting the generality of paragraph (C) above, you agree that under no circumstances will the Company be liable in any way for any Content that is made available though Share Your Story, including without limitation, any errors or omissions in any such Content, or for any damage of any kind incurred as a result of the disclosure, use or reliance on any such Content;
    5. agree that the Company may, in its sole discretion, reject, refuse to post, remove or block access to any Content at any time, for any reason and without notice;
    6. agree that the Company will not provide you with a copy of the Content under any circumstances; and
    7. agree to indemnify the Company against all claims, costs, demands and damages (including but not limited to legal fees) arising out of any breach of the aforementioned representations and warranties.By submitting a nomination for the “Who’s Who of the Canadian collection industry” section of this website:
    8. you represent and warrant that you have obtained any consent required for you to disclose personal information about the nominee; and
    9. you agree to indemnify the Company against all claims, costs, demands and damages (including but not limited to legal fees) arising out of any breach of the aforementioned representation and warranty.
  6. Disclaimer and Liability Exclusion

    THE COMPANY DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE COMPANY TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON.

  7. Personal Information Privacy

    The Company collects, uses and discloses your personal information in accordance with the Privacy Policy.  By accepting this Agreement, you consent to the Company’s collection, use and disclosure of your personal information in accordance with the Policy as it then reads without any further notice or any liability to you or any other person.

  8. Ownership and Permitted Use of the website

    Copyright © Cockburn and Associates. All rights reserved. The website, including all of its content, is the property of the Company and others, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content.

    The website is made available to you for your lawful, personal, non-commercial use only. You may print or download website pages for your personal, non-commercial use provided that you do not modify any of the website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You may not use the website or its content for any other purpose or in any other way. In particular, the website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the Company.

  9. Trade-mark Information

    Cockburn and Associates and the CLegal logo are trade-marks owned by the Company. Other product and company names and logos appearing on the website may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos displayed on the website (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.

  10. Other Sites

    For your convenience, the website may include links to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from the Company, and the Company has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.

  11. No Linking, Framing, Mirroring, Scraping, Data-Mining and Postings

    Links to the website without the express written permission of the Company are strictly prohibited. To request permission to link to the website, please contact our Company by e-mail. The framing, mirroring, scraping or data-mining of the website or any of its content in any form and by any method is strictly prohibited.

    You may not use any collaborative browsing or display technologies in connection with your use of the website or to post comments, communications, or any other data of any kind to or on the website with the intention that such postings may be viewed by other users of the website.

  12. Termination of this Agreement and the website

    If you breach any provision of this Agreement, you may no longer use the website. The Company may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part of it, or your permission to use the website, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the website is terminated by you or the Company for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website; and (b) the Company may continue to use and disclose your personal information in accordance with the Privacy Policy as amended from time to time. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13 and 15 survive indefinitely after the termination of this Agreement.

  13. Governing Law and Dispute Resolution

    This Agreement, your use of the website, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.  Any dispute between the Company and you or any other person arising from, connected with or relating to the website, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.  Any claim or cause of action you may have arising from, connected with, or relating to your use of the website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.

  14. Changes to this Agreement

    The Company may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.

  15. Other Matters

    This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and the Company relating to your use of the website, and supersedes all previous agreements, written, oral or otherwise, between you and the Company with respect to your use of the website.

    If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.

    The provisions of this Agreement will enure to the benefit of and be binding upon each of the Company and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of the Company which may be withheld in the Company’s sole discretion. The Company may assign this Agreement and its rights and obligations under this Agreement without your consent.

    No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.  No consent or waiver will be effective unless in writing and signed by both parties.

    The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.  Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s’y rapportent soient rediges en anglais. 

 

Disclaimer: Shelia Cockburn, Esq. is not an owner in or affiliated with The Office of Cockburn & Associate andis not offering any services or legal services to the clients of The Office of Cockburn & Associate.