JSCP provides this website at www.jscp.com with content posted thereon, including but not limited to graphics, pictures, software code, text, information, data, audio clips and video clips (the “Website”).
You are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website in accordance with this Agreement.
If you do not agree with any of the terms in this Agreement, you should immediately discontinue access or use of the Website.
The Website is provided for promotional purposes only and should not be relied upon as accurate, timely or fit professional advice or opinion for any particular purpose. If you have a specific issue, JSCP would be happy to speak with you in person or encourages you to speak to your own consultant.
The Website is protected by copyright and other intellectual property rights that are all owned by JSCP. All the trade-marks and logos associated with the Website (the “Marks”) are owned by or licensed to JSCP. You may not use any of the Marks or other intellectual property of JSCP in any way that could be harmful or competitive to JSCP’s interests.
JSCP reserves any rights not expressly granted in this Agreement, including the right to discontinue the Website at any time and to terminate this Agreement at any time for any reason.
JSCP may amend the Website at any time, though JSCP does not warrant that the Website accurately reflects changes in the products and/or services it offers.
5. Your Content
6. Limitation of Use of the Website
You agree that the downloading of any content from the Website is at your own risk. JSCP cannot and does not guarantee or warrant that the Website is compatible with your computer systems or that the Website will be free of viruses, worms, Trojan horses, harmful files, scripts, agents or programs, disabling devices, or other computer 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 Website.
Unless expressly permitted in writing by JSCP, you agree not to use or launch any automated system to access the Website, rip any content provided to you through the Website, conduct any test or health check of the Website, explore, access or otherwise monitor the Website or any network equipment, systems, servers or assets hosted on JSCP’s domain. You agree not to collect any personally identifiable information through the Website, nor to use the Website for any advertising, commercial solicitation or to spam. You agree not to advertise to, spam or solicit for commercial purposes any users of the Software.
You acknowledge that you attain no right or licence to the Website when accessing or using the Website. You will not use the Website for any purpose that is unlawful. You agree that you will not use or copy the look and feel of or content on the Website, in whole or in part, for any purpose other than your own personal non-commercial use and benefit, without JSCP’s prior written permission.
Subject to written permission from JSCP or the terms of this Agreement, you agree not to copy, reverse engineer, disable, reverse compile, disassemble, retransmit, distribute, rent, lease, transfer, sale, amend or translate, or create derivative works based on, the Website, in whole or in part, is strictly prohibited.
Please note that your unauthorized use of the Website may violate copyright laws, trademark laws, trade secret laws or laws relating to privacy. JSCP may investigate any violations of this Agreement and undertake any action it sees fit, including seeking any and all remedies available at law and in equity for violations of this Agreement, including the blocking access to the Website.
7. Disclaimer and Limitation of Liability
THE WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND AND JSCP MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE CONTENT POSTED THEREIN. ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ADEQUACY, AVAILABILITY, ACCURACY, RELIABILITY, CURRENCY, CONFIDENTIALITY, NON-INFRINGEMENT OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, ARE EXPRESSLY DISCLAIMED. JSCP IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE WEBSITE. YOUR RELIANCE ON THE CONTENT ON THE WEBSITE IS AT YOUR OWN RISK.
JSCP, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY UNAUTHORIZED ACCESS TO OR USE OF ITS SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN WITHOUT LIMITING THE GENERAL NATURE OF THE PREVIOUS STATEMENTS. IN NO EVENT SHALL JSCP BE LIABLE FOR ANY DAMAGE RESULTING FROM THE WEBSITE OR ANY CONTENT POSTED THEREON, WHETHER PURSUANT TO WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, LOST PROFITS, FINES, FEES, PENALTIES AND AGGRAVATED OR PUNITIVE DAMAGES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF JSCP WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE.
8. Third Party Links
You may have access to links to third party websites that are not owned or controlled by JSCP on the Website. JSCP has no control over, and assumes no responsibility for the content or practices (including privacy practices) of or advertising on such third party websites. JSCP is not involved in any transactions, sales or purchases made by you from a third party. By accessing and/or using the Website, you expressly acknowledge and agree that JSCP shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website, and you waive any legal or equitable rights or remedies you have or may have against JSCP with respect such third party websites.
Any third party links, its owners or its providers on the Website are not necessarily endorsed by, affiliated with or sponsored by JSCP.
Any failure by JSCP to enforce any provision in this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable, the remaining provisions in this Agreement shall still be valid and applicable.
The Website is offered by JSCP from its headquarters in Canada and makes no representations that the Website and/or the content posted thereon are available for use in other locations. Those who access or use the Website outside of Canada do so at their own risk and are responsible for compliance with local law.
Any request for consent or further information should be directed to PrivacyOfficer@jscp.com.
This Agreement may be revised periodically and posted on the Website and shall be effective on or after the date of posting. Your continued use of the Website constitutes your agreement to this Agreement and any amendments made to it from time to time.
The Agreement is governed by and construed in accordance with the laws of the Province of Ontario or the laws of Canada, as the case may be, regardless of your residency or where you access the website from. This Agreement is the entire agreement between you and JSCP regarding the Website.
© J. S. Cheng & Partners Inc., 1500 Don Mills Road, Suite 706, Toronto, Ontario, M3B 3K4, Canada.
February 28, 2013