Terms of Use

December 29th, 2012

  1. Use of this Web Site. This Web site (the “Site”) is owned by Tizana Aiello (hereinafter the "Site Owner") and exploits the Site for the exclusive use of its employees, representatives,  and customers. Your use of this Site, more particularly of the space reserved on this Site for customers with whom the Site Owner transacts, is subject to the following terms and all applicable laws.

You may access and use the Site solely for the following purposes: (i) to obtain assistance in assessing the types of immigration categories available and to make further inquiries of the Site Owner for any immigration services; (ii) to obtain assistance in assessing qualification for immigration and to make further inquiries of the Site Owner for any immigration services; and (iii) to facilitate the consummation of a lawyer-client relationship for the purposes of obtaining immigration services. 

Subject to the terms and conditions of these Terms of Use, you will have a limited right to use, access, view, display, download, upload, copy and print the content, forms, data, and other information available on the Site (including information entered by the customer) (the “Content”) solely for the purposes set out above. You do not have the right to modify or alter the Content displayed on the Site (including the information entered by the customer except if requested to do so by the customer). You will not rent, sell, publish, share, transfer, sublicense, transmit, lend, distribute, assign or lease the right to use the Site or the Content to a third party, or otherwise use the Site or the Content for any public or commercial purpose or other purpose other than as contemplated by these Terms of Use, without the prior written consent of Site Owner.

The Site Owner reserves the right, at its sole discretion, to edit, modify, and/or delete any materials, data or other Content (except for information entered by a customer) appearing on the Site at any time without notice.

The Site Owner reserves the right, at its sole discretion, to suspend, restrict or otherwise terminate the Site or your access to or use of the Site at any time for any reason or no reason without notice.

Any other access to this Site and any other use, reproduction or transmission of information or data obtained from this Site is forbidden. You consent to the monitoring of this Site by the Site Owner in order to ensure that access and use of this Site is authorized.

  1. Exclusion of Warranties. The Site Owner makes no representation or warranty regarding the good working order of this Site, or the condition of this Site, its suitability for use, or that its use will be uninterrupted or error-free. ALL MATERIAL OR INFORMATION ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE SITE OWNER DISCLAIMS ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

These exclusions are in addition to any specific exclusions otherwise provided in these terms and conditions.

  1. Limitation of Liability.The Site Owner, its affiliates and their respective agents, administrators and employees are not responsible for and shall not be liable to you or any third parties for any claims, losses, costs, expenses or damages whatsoever, including indirect, incidental, special, consequential, exemplary or punitive damages arising out of or in connection with this Site, the content contained therein, or the access to or use thereof. Without limitation and notwithstanding anything to the contrary, the Site Owner, its affiliates and their respective agents, administrators and employees shall not be responsible for and shall not be liable to you or any third parties for any claims, losses, costs, expenses or damages arising out of or in connection with:
    1.                                     i.         failure of performance, delays, interruptions, communication line or systems failures including communication malfunctions that affect the transmission, accuracy or timeliness of information, material, messages, or instructions between you and the Site Owner and/or which prevent information, material, messages or instructions from being transmitted in whole or in part between you and the Site Owner;
    2.                                    ii.         your inability to access, at any time, any part of this Site or any content, products or services provided on it;
    3.                                   iii.         any harm or loss to your personal computer records or data, howsoever caused, including by viruses, "worms", "trojan horses" or other similar intrusive, disruptive or destructive programs or files;
    4.                                  iv.         interception, loss or disclosure of confidential or sensitive information transmitted over the Internet, including personal information;
    5.                                   v.         lack of suitability, reliability, timeliness or availability of this Site or any content, products or services offered on this Site; or
    6.                                  vi.         the Site Owner’s failure to take corrective measures.

The Site Owner may not review all information entered by customers on the Site and is not responsible for the accuracy or completeness of such information.

Your sole and exclusive remedy is to discontinue using and accessing this Site. In all cases, the products and services of the Site Owner are subject to the provisions and conditions of the existing policy or any other applicable contract. Should the information or the data contained in this Site be incompatible with or contradictory to the information and the data contained in the internal file of the Site Owner, the latter shall take precedence.

The aforementioned exclusions and limitations shall apply whether any claims, losses, costs or damages are founded in contract (including fundamental breach), tort or any other theory of liability and such limitations and exclusions shall apply even if the Site Owner has been advised of the possibility of such claims, losses, costs or damages.

Because some jurisdictions do not allow the exclusion or limitation of moral, bodily, incidental or consequential damages, the Site Owner’s liability in such jurisdictions shall be limited to the extent permitted by law.

  1. Indemnity. You agree at all times to indemnify, defend and hold harmless the Site Owner, its affiliates and their respective agents, administrators and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Site Owner, arising from your failure to respect the terms and conditions hereof, or an act or omission or your negligence resulting from use of the Extranet or arising out of or in connection with your improper access or use of the Site, including any unauthorized disclosure or use of your user ID and/or password.
  2. Software. Except for software expressly identified as being owned by the Site Owner, any software available for downloading through this Site is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. The Site Owner does not sell, resell, license or sub-license any such software on its Site, and the Site Owner disclaims any responsibility or liability related to the software. Any questions, complaints or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software downloaded thought this Site. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the terms contained herein shall prevail.
  3. Ownership and Confidentiality.Material on this Site (including but not limited to text, images, illustrations, software, audio clips, video clips and tools) is owned or otherwise provided by the Site Owner, and the Site Owner does not represent or warrant that such material does not infringe the rights of any other person or entity. Trademarks, logos and service marks (collectively, "Marks") displayed on this Site are registered or unregistered Marks of the Site Owner or others and may not be used without written permission of the owner of such Marks. Any information or material contained on this Site which may be reproduced pursuant to these terms must bear the proprietary rights notices which originally appear on or in conjunction with such information or material. The use of tools should be made according to the present terms and conditions. The use of tools for other purposes than those prescribed by the Site Owner, as well as any reproduction of tools from this Site, are prohibited without a written authorization from the Site Owner. Without limiting the generality of the foregoing, the following acts are forbidden, if made with the tools:
    1.                                     i.         alteration of the format in which data is provided and automated use of the tools;
    2.                                    ii.         circumvention of the interfaces used to present data;
    3.                                   iii.         importing and embedding data into any software;
    4.                                  iv.         creation of other immigration information services;
    5.                                   v.         distribution of any data by any means.
  4. Data Transmission. You agree to transmit all data to the Site Owner in accordance with instructions received from time to time by the Site Owner. Such transmissions will be carried out through the Site, by electronic mail, or as otherwise instructed by the Site Owner. The Site Owner has reasonable security measures in place in order to protect such data, unless you use email contrary to the prohibition to use email provided for in the next paragraph hereof. Where appropriate, data may be encrypted in order to reduce the risk of interception, use and modification by third parties.

While recognizing your obligation to use the Site to transmit any data to the Site Owner, you also recognize that complete confidentiality and security may not be possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss and alteration. Therefore, you should not communicate any personal information to the Site Owner by email unless such transmission is properly encrypted or otherwise subject to reasonable security measures. Any information communicated by you to the Site Owner by unencrypted email shall be deemed non confidential and the Site Owner, its affiliates and their respective agents, administrators and employees, shall not be liable in any manner whatsoever for any damage caused to a third party as a result of such communication, including without limitation, use by the Site Owner of such information. You agree to indemnify, defend and hold harmless the Site Owner, its affiliates and their respective agents, administrators and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the Site Owner as a result of your communication of personal information to the Site Owner through unsecured means, including without limitation, use by the Site Owner of such information. You recognize that the Site Owner, its affiliates and their respective agents, administrators and employees will not be liable in any manner whatsoever for any damage that you may incur as a result of your use of this Site, your transmission of information over the Internet or with respect to data that is intercepted, altered or used in a harmful manner following transmission over the Internet. You assume all risks related to such communications.

  1. Liability for Computer System. You will at all times remain liable for all damages caused by or to your computer system as a result of (i) the connection, configuration, or compatibility of the different components of your computer system (ii) your use of any material on any Web site (iii) your access to any Web site, or (iv) your downloading of data, software and viruses.

The Site Owner does not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.

  1. Accuracy of Information. While the Site Owner may update the information or materials on this Site from time to time, no assurance is given that information or material on this Site is up-to-date, accurate, error-free or complete. Information contained in this Site, including without limitation, any information obtained from using the tools, is not intended to replace any legal, financial, accounting, commercial or tax advice and should not be used as such.
  2. Links. This Site may contain links and references to other Web sites. Such links and references are provided to you as a convenience only. The Site Owner has not reviewed and does not expressly or implicitly endorse other Web sites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other Web sites, information or material posted thereon, or products or services offered thereon. You may not create links from other Web sites to this Site, except if expressly permitted by the Site Owner. (To obtain permission, contact the Site Owner).
  3. Viruses, etc. The Site Owner does not represent or warrant that the information or materials, accessed from or through this Site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
  4. Damage to Others. You agree not to introduce into or through this Site any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, constitute a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
  5. Reserve of Rights. All rights not expressly granted in these terms are reserved to the Site Owner. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of the Site Owner or any other person or entity.
  6. Modification of these Terms. The Site Owner may modify, alter or otherwise update the terms and conditions applicable to this Site from time to time, without notice, by updating this posting. The date of the last modification will appear at the top hereof. You agree to review the terms of use each time you access and use this Site and to be bound by such terms of use as are in effect at the time when you access this Site. Your access and use of this Site constitutes irrefutable proof of your consent to be bound by these terms and conditions.
  7. Severability. If any provision hereof is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision hereof in any jurisdiction.
  8. Governing Law, Arbitration and Evidence. This Site is controlled and operated by the Site Owner from Montréal and these terms shall be governed by the laws of Québec and the applicable laws of Canada without reference to principles of conflict of laws. You agree to be bound by such laws.

Any dispute, controversy or claim arising out of or in connection with these terms or the use of this Site, including any question regarding the validity or application of the terms of sue, shall be referred to and finally resolved by arbitration in Montreal, Quebec, in accordance with the provisions of Book VII of the Code of Civil Procedure of the Province of Quebec. The arbitral tribunal shall be composed of one arbitrator. The language of the arbitration shall be French unless you prefer to have the arbitration in English and so advised the Site Owner in due course. The arbitrator’s award shall be final and binding on all parties and judgment or the award may be entered in, and the award enforced by any court having jurisdiction thereof.

Notwithstanding the foregoing, nothing contained herein shall be interpreted as precluding the Site Owner from exercising any extraordinary procedures under the Code of Civil Procedure of the Province of Quebec, such as an injunction.

  1. Survival. These terms and conditions apply while you are accessing the Web site and remain in effect thereafter, subject to section 18. In the event that this Web site is no longer accessible to you, the provisions set out in section 2, 3, 4, 6 and 20 of these terms and conditions shall survive thereafter.

 

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