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Terms of Use
Welcome to the Connolly & McNamara, Chartered Accountants Web site (the "C&M Site"). Your access to, and continued use of, the C&M Site constitutes your acceptance of, and compliance with, the following provisions. If you have not already done so, please read these terms and conditions (the "Terms of Use"). If you do not agree to these Terms of Use, you should immediately leave the C&M Site. Also, note that these Terms of Use may change from time to time and it is your responsibility to periodically visit this page to review the then-current Terms of Use. The last revision date for these Terms of Use is set forth below.
Last revised: January 1, 2006
1. Limited Right to Use.
The C&M Site is owned and operated by Connolly & McNamara, Chartered Accountants. All materials on the C&M Site, including, without limitation, all text, HTML code, multimedia clips, images, graphics, icons, code, software and the selection and arrangement of the contents of the C&M Site (the "Materials") are the property of Connolly & McNamara, Chartered Accountants or are licensed or used with permission by Connolly & McNamara, Chartered Accountants and are protected by the copyright laws of Canada and other applicable Canadian and international copyright and intellectual property laws, unless otherwise noted. You may only use the Materials on the C&M Site as permitted in these Terms of Use.
You may use, view, print and/or download one copy of short extracts of the Materials on any single computer solely for your personal, informational, non-commercial use within your organization only, provided you keep intact all copyright and other proprietary notices contained on the Materials. You shall be fully responsible for any consequences resulting from such use. Any other use of the Materials is prohibited. You may not copy, distribute, modify, transmit, reuse, report, reproduce, disseminate, upload or post the Materials, in whole or in part, by any means, without prior written permission of Connolly & McNamara, Chartered Accountants. The use of any Materials on any C&M Site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, privacy, communications and other similar laws.
2. Links
The C&M Site contains links to other sites. These links are being provided to you as a convenience and should not be construed as an endorsement of the related site, its owner, products or services. If you decide to access any of the third party sites linked to this C&M Site, you do so entirely at your own risk. Connolly & McNamara, Chartered Accountants reserves the right to terminate any link at any time. A link to another site should not be construed to mean that Connolly & McNamara, Chartered Accountants is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyrighted symbol that may be reflected in the link or in the description of the link to other such sites. Connolly & McNamara, Chartered Accountants disclaims any and all warranties, express or implied, to any such linked sites, including, but not limited to, any terms as to the accuracy, ownership, validity or legality of any content of a linked site.
3. Communications
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Connolly & McNamara, Chartered Accountants will not be responsible for any damages you or a third party may suffer as a result of the transmission of confidential information that you make to Connolly & McNamara, Chartered Accountants through the Internet, or that you expressly or implicitly authorize Connolly & McNamara, Chartered Accountants to make, or for any errors or any changes made to any transmitted information.
You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree that any information submitted for inclusion on the C&M Site does not infringe the intellectual property rights, or other rights of any third parties, and you grant Connolly & McNamara, Chartered Accountants a right to provide access to such information from the C&M Site.
4. Trademarks
Certain words, phrases, names, designs or logos used on the C&M Site may constitute trademarks, service marks or trade names of Connolly & McNamara, Chartered Accountants or third parties. The trademarks, logos and service marks (collectively, the "Trademarks") displayed on the C&M Site are either Trademarks of Connolly & McNamara, Chartered Accountants or of third parties. Nothing contained on the C&M Site should be construed as granting, by implication, waiver, estoppel or otherwise, any license or right to use the Trademarks of Connolly & McNamara, Chartered Accountants or the applicable third party owner, without prior written permission.
5. Disclaimer
Connolly & McNamara, Chartered Accountants assumes no responsibility for the accuracy, correctness, completeness, content or timeliness of the Materials provided on the C&M Site. Connolly & McNamara, Chartered Accountants assumes no obligation to update the Materials or ensure that the Materials contain current information. Materials contained on the C&M Site may contain typographical errors and may be changed without notice. CONNOLLY & MCNAMARA, CHARTERED ACCOUNTANTS DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF THE MATERIALS OR ANY PORTION THEREOF. ALL MATERIALS ON THE C&M SITE AND ACCESS TO THE C&M SITE ARE PROVIDED TO YOU "AS IS" AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, WHETHER EXPRESSED OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE IS HEREBY EXCLUDED. YOU SHOULD NOT ASSUME THAT THE C&M SITE WILL BE ERROR-FREE OR THAT THE C&M SITE WILL OPERATE WITHOUT INTERRUPTION.
6. Limitation of Liability
YOUR USE AND BROWSING OF THE C&M SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL CONNOLLY & MCNAMARA, CHARTERED ACCOUNTANTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE C&M SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES, WHATSOEVER AND HOWSOEVER CAUSED, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOST DATA, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, PERSONAL INJURY, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF, OR IN CONNECTION WITH, YOUR ACCESS OR USE OF THE C&M SITE OR IN RELIANCE ON THE INFORMATION OR MATERIALS AVAILABLE ON THE C&M SITE, WHETHER THE ACTION IS IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF CONNOLLY & MCNAMARA, CHARTERED ACCOUNTANTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Viruses
While efforts are made to ensure that all information provided on the C&M Site does not contain computer viruses, Connolly & McNamara, Chartered Accountants assumes no responsibility, and shall not be liable, for any damage to or viruses that may infect your computer equipment or other property, or for any corruption or loss of data on account of your access to, use of, or browsing on the C&M Site, or your downloading of any Materials from the C&M Site. You should take reasonable and appropriate precautions to scan for computer viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your computer system.
8. Modifications
Connolly & McNamara, Chartered Accountants may at any time change these Terms of Use by updating this posting without any notice to you. Your use of this C&M Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed.
9. Indemnification
You agree to indemnify and hold harmless Connolly & McNamara, Chartered Accountants and its directors, officers, employees, agents and affiliates from and against any claim, liability, damages, losses or expenses (including attorney's fees and costs) arising from or relating to your access and/or use of this C&M Site.
10. Governing Law and Miscellaneous
All matters relating to your access and/or use of this C&M Site shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding arising from, or in any way related to, your access and/or use of this C&M Site. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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