FEDERAL INDIAN DAY SCHOOL CLASS ACTION WEBSITE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following terms of use, and all documents referenced in it (collectively, the “Terms of Use”), set out the terms and conditions that apply to your use of https://indiandayschools.com/en/ (the “Website”). Your access and use of the Website constitutes your agreement to be bound by these Terms of Use, which establish a contractual relationship between you and Gowling WLG (Canada) LLP (“Gowling WLG”). If you do not agree with these Terms of Use, do not access or use the Website or the Content (as defined below).
Gowling WLG may, in its sole discretion and for any reason, modify, supplement or amend these Terms of Use without any notice or liability to you or any other person, by posting revised Terms of Use on the Website. Your continued use of the Website signifies your acceptance of any revised Terms of Use, so check back frequently to read the most recent version.
1. Ownership
The Website, including, without limitation, the Website URL, the Website design, all text, graphics, buttons, icons, data, content, material, information, documentation, photos, video, audio and the selection and arrangement of the Website (collectively, the “Content”) is owned by Gowling WLG and/or its third party providers. For greater certainty, Gowling WLG and the applicable third parties hold all right, title, and interest, including all intellectual property rights, in and to the Website and the Content. You hereby acknowledge that the Website and Content are protected to the fullest extent permitted by applicable law, including, but not limited to, copyright, trademark, patent and all other applicable intellectual property laws. Your use of the Website or the Content does not grant or transfer to you any ownership or other rights in the Website or Content, and except as expressly provided herein, nothing within the Website shall be construed as conferring on you or any other person any licence under any of Gowling WLG’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in these Terms of Use are expressly reserved by Gowling WLG and the applicable third parties.
Certain names, words, titles, phrases, logos, icons, graphics or designs contained within the Website and the Content may constitute trade names, registered or unregistered trademarks or service marks (“Trademarks”) of Gowling WLG and of other persons or entities. All Trademarks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trademarks without the express written consent of the applicable owner is strictly prohibited. Display of Trademarks in the Website does not imply that any licence has been granted to you or to any third party. All rights are reserved. Any unauthorized downloading, re-transmission, or other copying or modification of Trademarks may be a violation of statutory or common law and subject you to legal action. You agree that you will not take any actions inconsistent with Gowling WLG’s ownership of, or any other person or entity’s ownership of, the Trademarks.
While certain Trademarks of other persons or entities may be used by Gowling WLG under licence, the display of such Trademarks on the Website should not be taken to imply any relationship or licence between Gowling WLG and the owner of said Trademark or to imply that Gowling WLG endorses the wares, services or business of the owner of the said Trademark.
2. Website Use
You agree to comply with all applicable laws and regulations (including laws relating to copyright), as well as these Terms of Use, when accessing and using the Website and the Content.
You are prohibited from using the Website in any manner that interferes with another user’s use or enjoyment of the Website or the Content, and/or is designed to compromise the security of the Website or the integrity of Content, such as hacking, corrupting, or destroying Content, or the intentional introduction of viruses. You agree that you will not use the Website or any Content for any purpose that is unlawful.
In Gowling WLG’s sole discretion, in addition to any other rights or remedies available to it and without any liability whatsoever, Gowling WLG may at any time and without notice terminate or restrict your access to any component of the Website.
The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. Gowling WLG cannot guarantee security of any communication to or from the Website. Gowling WLG does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet, other forms of networks, or otherwise while using the Website. You should take reasonable and appropriate precautions to ensure compatibility of any website you visit with your specific computer, mobile or other device. Gowling WLG does not assume any responsibility or risk for your use of the Internet.
3. Informational Purposes Only – Not Legal Advice
The information made available on the Website, including the Content, is provided for informational purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on the Website. The Content does not guarantee any specific outcome in future representation. Your reliance on any information obtained from or through the Website and/or the Content is solely at your own risk.
4. No Lawyer-Client Relationship
The presentation of the Content on the Website, or your use of or reliance upon such Content, does not establish a lawyer-client relationship between you and Gowling WLG or between you and any Gowling WLG professional.
5. Limited Licence
Subject to these Terms of Use, you are hereby granted a limited, fully revocable, non-transferable and non-exclusive licence to access, view and use the Website for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright, trademark and other notices contained in such Content. This limited licence does not include any rights not specifically set out herein. Your limited licence to use the Website and the Content is automatically revoked upon termination or expiration of these Terms of Use. You agree that you will not use the Website or any Content for any purpose that is unlawful.
6. Privacy
By accessing and using the Website or the Content, you acknowledge that you have read Gowling WLG’s privacy policy (available at: https://indiandayschools.com/en/privacy-policy/), as updated from time to time (the “Privacy Policy”), the terms of which are incorporated into these Terms of Use, and you agree that the terms of the Privacy Policy are reasonable.
7. External Links
The Website may, from time to time, contain links to websites not maintained by, associated or affiliated with Gowling WLG. These links are provided solely for your convenience and the inclusion of any link does not constitute or imply Gowling WLG’s endorsement, approval, affiliation, sponsorship, investigation or verification of the linked website or information contained in the linked website, or of their security or privacy practices. It is your responsibility to review and comply with the terms and conditions of any linked websites and to take the necessary precautions to protect yourself from malicious, disruptive, or otherwise harmful software or data, including using anti-virus software. Linking to any other website is at your sole risk and Gowling WLG will not be responsible or liable for any damages in connection with such linking. In addition, Gowling WLG does not endorse or approve of any websites linked from or to the Website, except for other websites operated by Gowling WLG, if any.
Gowling WLG is not responsible for the content of any linked website, nor does it make any representation or warranty of any kind regarding such websites or the contents on those websites including, without limitation, any representation or warranty: (i) regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any linked website; (ii) regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such linked websites; and/or (iii) that the operation of the linked website will be uninterrupted or error free, that defects or errors in such linked websites will be corrected, or that such linked websites will be free from viruses or other harmful components. You also understand and agree that the Gowling WLG Privacy Policy is applicable to Gowling WLG and while you are using the Website and is not applicable to your use of linked websites. Once you are linked to another website, you should read the privacy policy of that website before disclosing any Personal Information (as defined in the Privacy Policy).
You may not gather, extract, reproduce and/or display on any non-Gowling WLG website, any Content on or from the Website, whether or not by the use of data mining, robots, spiders or other ‘screen scraping’ software or system used to extract data without the express consent of Gowling WLG.
8. Liability Disclaimer – READ THE FOLLOWING CAREFULLY
Except as explicitly provided in these Terms of Use, as amended from time to time, and to the fullest extent permitted by applicable law, Gowling WLG make no representations or warranties of any kind, express or implied, regarding the Website and/or the Content, all of which are provided on an “as is” and “as available” basis. Gowling WLG expressly disclaims all representations, warranties, guarantees, covenants and conditions with respect to the Website and the Content, including, without limitation, all implied warranties or implied conditions of merchantability, fitness for a particular purpose, title, accuracy, completeness, and non-infringement. Without limiting the generality of the foregoing, Gowling WLG makes no representation or warranty that: (a) the Website and/or the Content will be compatible with your computer, mobile or other device and/or software; (b) the Website and/or the Content will be accurate, reliable, complete, current, timely, useful or suitable for any particular purpose; (c) the operation of or access to the Website will be uninterrupted, timely, secure or error-free; (d) defects or errors in the Website and/or the Content will be corrected; (e) the Website and/or the Content will be free from infections, viruses, Trojan horses, malware, worms or other harmful components or code; (f) communications to or from the Website will be secure and/or not intercepted; and (g) the use of the Website and/or the Content will meet any user requirements.
You acknowledge and agree that (i) that your use of the Website and the Content is at your sole discretion and risk; and (ii) you are solely responsible for any damage you may sustain, whether relating to: (A) your computer system, or any loss of data that results from the download of any Content; (B) your reliance on any information or data obtained as a result of your use of the Website or access to the Content; or (C) any other form of damage that may be incurred. In no event will Gowling WLG be liable for the conduct of users of the Website.
9. Maximum Liability
To the greatest extent permitted by law, in no event will Gowling WLG, or any of its partners, employees, consultants, representatives, officers, directors, agents, or licensors (collectively, the “Released Parties”) be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, including any damages for loss of use, loss of data, loss of information, loss of profits, or business interruption, or any other damages whatsoever arising out of or in any way related to the use or performance of the Website, any linked website, or the Content, or otherwise arising out of your use of or inability to use the Website or any decision made or action taken by you in reliance on the Content, and/or any errors or omissions in such Content, whether such damages are based in tort (including negligence), contract (including fundamental breach) or otherwise, even if Gowling WLG had been advised of the possibility of such damages. The foregoing limitation shall apply even if Gowling WLG knew of or ought to have known of the possibility of such damages. Your sole and exclusive remedy is to stop accessing and using the Website and the Content.
10. Indemnification
You agree to indemnify, defend (at the Released Parties’ option) and hold the Released Parties harmless from and against all liabilities, losses, claims, damages, penalties, actions, suits, demands, levies, costs, expenses, and disbursements (including reasonable legal and adviser fees), of whatever kind or nature (collectively, “Claims”), arising from or related to: (a) your use of and reliance on the Website; (b) your use of and reliance on any Content; (c) your violation of these Terms of Use; and (d) your violation of any rights, including any intellectual property rights, of another person or entity in connection with your use of and/or access to the Website and/or Content.
You agree that the Released Parties may assume the defense and control of any Claim for which you are required to indemnify the Released Parties and you agree to cooperate, at your own cost, with the Released Parties’ defense of such Claim. You agree not to settle any Claim without the prior written consent of the Released Parties.
11. Survival
Sections 1, 8, 9, 10, 11, 12, 13, 14, and any other sections which by their nature survive the termination or expiration of these Terms of Use and/or your access to and/or use of the Website will survive any termination or expiration thereof.
12. Entire Agreement
These Terms of Use, together with any rules, policies or guidelines posted on the Website by Gowling WLG, or incorporated or referred to herein, including the Privacy Policy, constitute the entire agreement between you and Gowling WLG with respect to the subject matter hereof, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by Gowling WLG.
13. Governing Law; Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario with respect to any dispute arising under these Terms of Use, unless otherwise agreed by Gowling WLG in its sole discretion.
14. General
If any term or provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.
These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms of Use to any other party without Gowling WLG’s prior written consent, which consent may be withheld in Gowling WLG’s sole and absolute discretion. You are responsible for all charges and necessary permissions related to accessing the Website through your Internet service or mobile access provider.
Gowling WLG will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Gowling WLG. No delay or omission by Gowling WLG in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of Gowling WLG to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of the right of Gowling WLG to subsequently enforce such provision or any other provisions of these Terms of Use.
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.
15. Accessibility
The Content hosted on the Website may not meet the provincial accessibility standards. Gowling WLG will respond to any requests for accessible formats regarding public documents and address those requests in a timely and appropriate manner.
16. Contacting Gowling WLG
If you have any questions about these Terms of Use, the Website or the Content, please contact us at: Gowling WLG (Canada) LLP, 160 Elgin Street, Suite 2600, Ottawa, Ontario, Canada K1P 1C3
