WritFiling Terms of Use
Accessing or using the services, including without limitation, WritFiling (which includes online filing, issue and filing, refiling, renewal, remediation, revision and withdrawal of writs of execution in one or more sheriff/enforcement office or small claims or civil courts in Ontario) (the “Services”) made available by way of onwrits.ca or writfiling.ca (the “Sites” and each a “Site”) constitutes your agreement to abide by these Terms of Use.
1. Accounts, PSLs, RSA Tokens. You are required to establish an account in order to use the Services (the “Account”) and provide the details necessary in the set up process. Your Account administrator (“Administrator”) is responsible for enabling users to use the Services under your Account. You are responsible for the security of your Account, including keeping your user name and password (“Credentials”) confidential, and you assume financial responsibility for all activities conducted and purchases made under your Account. You are responsible for notifying us immediately upon becoming aware that, or suspecting that, your Credentials have been corrupted, damaged or lost, or that the security of your Credentials have otherwise been compromised. We reserve the right to require the reset of passwords from time to time. You are solely responsible for ensuring that any laws, regulations or other requirements with respect to the handling of trust funds are complied with. Accounts are subject to cancellation without notice at the discretion of Teranet Inc. (“Teranet”, “us”, “we”) in accordance with rights and obligations of Teranet as a service provider to Her Majesty the Queen in Right of Ontario (“Province of Ontario”).
2. Grant. Subject to the other terms and conditions set out in these Terms of Use, Teranet, as a licensee of, and service provider to the Province of Ontario, grants you a non-exclusive, non-sublicensable, non-transferable, limited, personal right to: (a) access the Sites, the Services and the writs data (“Official Writs Data”), information, other data, materials and documents obtained by way of the Services (collectively, the “Content”); (b) use such Content for your own internal use purposes only, which, for clarity includes, without limitation, providing Services to your client, if applicable, subject to the Restrictions on Use below; and (c) to permit your employees (if applicable) to use the Content in support of services to you. In order to issue, file or maintain a writ by way of the Services, a user must be: (a) at least 18 years of age; (b) a member in good standing of the Law Society of Ontario; (c) a holder of a valid Portas personal security license (“PSL”); and (d) the holder of a valid RSA token (“RSA Token”). The Administrator is responsible for advising Teranet if a user is to be granted a PSL and RSA Token under its account. Each holder of a PSL and RSA Token (“PSL Holder”) is bound by the terms of this Agreement and the applicable Portas Personal Security Licence and RSA Token forms and Terms and Conditions (the “PSL Agreement”), as amended by Teranet from time to time.
3. Restrictions on Use. Except as expressly permitted in these Terms of use, you shall not, nor assist any third party to:
(a) divulge to any other person or entity, share with any other person or entity, nor permit any other person or entity to use, your Account or Services access Credentials, including without limitation, a user ID or password;
(b) use any other user’s account or Services Credentials;
(c) abuse, misuse, misapply or mishandle your Credentials;
(d) sub-license your access to the Site, Services or the Contents;
(e) add to, delete from, update, modify, tamper with, alter, reverse engineer, translate, decompile, disassemble or attempt to do any of the foregoing in any way, the Site, the Services, any databases which support the Services, including the writs database (the “Database”) or the Content, except as expressly permitted in these Terms of Use;
(f) infringe any copyright, patent, trade-mark or trade secret of Teranet or its licensors or suppliers;
(g) use the Site, the Services or the Content in a service bureau, bulk sales, computer service or timesharing business;
(h) use the Site, the Services, the Database or the Content to create a database in electronic or other format or for the purposes of data aggregation or dissemination (otherwise than for your own legitimate internal archival use), whether through electronic “scraping” methods, bots or otherwise;
(i) attempt to violate the security of the Site, the Services and the Database, including without limitation, (i) by attempting to log into an account which you are not authorized to access; or (ii) by attempting to interfere with the Site, Services and the Database through means of a virus or other harmful or deleterious programming routines, by overloading a server or by any other means;
(j) resell or otherwise commercially exploit the Site, the Services, the Database or any Content or any data components therein;
(k) copy, extract, reproduce, republish, upload, post, transmit, frame or distribute the Content in any way or by any means whatsoever, except that a copy of such materials may be printed and saved for personal, non-commercial use only, along with a copy for backup and archival purposes, provided all copyright and other proprietary notices are maintained; nor (l) use an Account, Credentials, the Site, the Services, the Database or the Content in connection with the commission of any criminal act or any act otherwise contrary to law or regulation.
4. Unauthorized Merging. You shall not merge or attempt to merge, link or interface the Site, the Services, the Database or the Content with any other system.
5. Access. Content will be made available on a record-by-record basis for the prescribed fees established by Teranet, as approved by the Province of Ontario, as applicable, from time to time, plus applicable taxes, as they may be amended or revised from time to time.
6. Payments. Payments for all charges, fees and taxes for the payment of applicable Services and Content related charges and fees, such as registration fees (including statutory fees and service fees), applicable taxes, interest and the amount, if any, of any bank charges incurred by Teranet as a result of Teranet’s access to your credit or bank accounts (collectively, the “Charges”) can be made by way of your Teranet Deposit Account or direct from a credit card. You waive any requirement of pre-notification of the amount and timing of bank charges incurred by Teranet as a result of Teranet’s access to your credit or bank accounts.
7. Teranet Deposit Account. You may establish and provide authorization for payments by way of a deposit account funded by you by way of credit card and held by Teranet (“Teranet Deposit Account”) as set out in Section 8 below. Your Teranet Deposit Account will be accessed by Teranet for payment of any charges, fees or taxes as specified from time to time by Teranet. We reserve the right to reject any service requests filed while there are insufficient funds available by way of your Teranet Deposit Account or require you to use an alternative payment method.
8. Credit Cards. When paying by credit card, you will be asked to provide credit card account information when you order Services or Content that generate a fee. You may opt to have credit card information stored in your Account for subsequent purchases as a facility to alleviate the need to re-enter this information. You authorize us, our affiliates or our third party payment processor to debit your bank account or credit card for all Charges. Regardless, you retain the obligation and responsibility to ensure that any such stored information remains current and correct as of the time of each purchase. You may change credit card details at any time by updating those details online. If the credit card details provided are held in the name of a person other than you, you warrant and represent you have the right to authorize us to charge such credit card for your purposes and will produce evidence of the authority upon request. We may cancel your use of the credit card payment option at any time. You have certain recourse rights if a credit card charge does not comply with these Terms of Use. For example, you have the right to receive reimbursement for any charge that is not authorized or is not consistent with this Agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.payments.ca.
9. Statutory Fees. Statutory fees shall be collected from you by Teranet, and Teranet shall remit the required payments to the Province of Ontario. You acknowledge that Teranet is acting as an agent of the Province of Ontario and that the Province of Ontario shall have recourse for any unpaid statutory fees.
10. Interest. Outstanding charges, fees and taxes will be subject to interest a rate of a one percent (1%) per month.
11. Refunds. Before submitting any request for a Service or Content, you should verify that you have entered the information in the request correctly. We cannot refund the cost of a product or service if you have inputted the request incorrectly. Once a submission or order is submitted, there are NO REFUNDS, EXCHANGES OR CANCELLATIONS. If any attempted use of the Services fails through a fault of the Site, the Services, the Database or Teranet’s facilities, the Teranet Group’s sole liability, at your written request, shall be to rebate to you the charges imposed by us for the failed use of submission or order. This Section shall apply whether or not the liability results from negligence, a breach of a fundamental term or condition, or a fundamental breach of these Terms of Use.
12. Confidential and Proprietary Information. The Site, the Services, the Database and Content contain confidential, proprietary and trade secret information. You acknowledge that a great deal of effort, analysis and selection has gone into creating the Site, the Services, the Database and the Content and the various components thereof. Unauthorized access to, or use, reproduction and/or distribution of, the Site, the Services, the Database, the Content or any portion of them will be prosecuted to the maximum extent of the law and may result in serious civil and criminal penalties. When access to the Site, the Services, the Database and the Content is in your control, you shall use reasonable care in their access, use and storage.
13. Title. The Site, the Services, the Database, the Content and their associated systems and documentation are proprietary and are protected by copyright and other intellectual property laws. All title and property right in and to the Site, the Services, the Database and the Content and their associated systems and documentation shall at all times remain with Teranet and its licensors (including, without limitation, the Province of Ontario) and suppliers.
14. Marks. WritFiling, Teranet and the Teranet arcs design are trade-marks of Teranet or its affiliates. All other trade-marks or official marks are the property of their respective owners. These Terms of Use do not include the right to use the business name, logo and related trade-marks or official marks of Teranet or any of its affiliates, licensors or suppliers. All rights reserved.
15. Availability. We will use reasonable efforts to make Services available during the times posted on the Sites, except during maintenance window periods as required from time to time. We will use reasonable efforts to provide you with notice of planned maintenance activities in advance. We will use commercially reasonable efforts to schedule Service maintenance for weekends and other off-peak hours.
16. Term. These Terms of Use shall remain in full force and effect until amended or terminated as set out in these Terms of Use.
17. Suspension. We may immediately suspend your access to your Account, the Site, all or some of the Services and all or some of the Content (as applicable), including without limitation, if we believe, acting reasonably, that your Account or Services access credentials have been compromised, for security reasons and in the event of excessive chargebacks. For clarity, a suspension hereunder does not constitute termination of these Terms of Use and you will continue to be bound by these Terms of Use during the period of such suspension. In lieu of termination, we may also suspend your Account. You may not access the Services through the use of another account or user’s details.
18. Termination. You may terminate your Account and these Terms of Use at any time by deactivating your Account. We may terminate these Terms of Use, any or all your access to your Account, the Services and the Content and deactivate your Account effective immediately on written notice to you in the event that: (a) we cease to have the right to provide the Site, the Services or the Content as a service provider to the Province of Ontario for any reason; (b) for your failure to comply with any of the terms and conditions of these Terms of Use, including, without limitation, failure to pay any outstanding amounts; (c) you become bankrupt or insolvent, make an assignment for the benefit of its creditors, or where a receiver is appointed under any instrument or over any assets of, or, where applicable, an order is made or resolution passed for your winding up; (d) you die or become incompetent; (e) in the event that any law or governmental regulation restricts or precludes the collection, use and/or licensing of personal information including data provided by the Province of Ontario; (f) we believe, acting reasonably, that your Account or Credentials have been compromised; or (g) you do not use your Account for a period of 365 days.
19. Post-Termination. Termination of these Terms of Use will not affect your right to continue to use previously provided Content in accordance with these Terms of Use. Upon termination of these Terms of Use, you shall immediately cease use of the Services. You acknowledge that upon termination of these Terms of Use, we may terminate any Credentials previously provided to or set up by you that permit you to use the Services or access your Account.
20. Refunds on Termination. In the event that this Agreement is terminated for any reason whatsoever, Teranet shall render to you a final statement of outstanding Charges. Any such outstanding amount shall be immediately due and payable by you, and Teranet may arrange for payment to be taken from: (a) your credit or debit cards; or (b) your Teranet Deposit Account. After payment in full of all amounts due, Teranet shall return the balance, if any, in your Teranet Deposit Account to you.
21. Survival. Any provision of these Terms of Use intended to survive the termination of these Terms of Use, including but not limited to Sections 3, 6, 7, 9 through 14 and 19 through 47, shall survive the termination of these Terms of Use and you agree to remain bound by those provisions.
22. No Warranty by the Province of Ontario. You acknowledge that the Province of Ontario makes no warranties, express or implied, with respect to the Site, the Services, Database or any Content supplied by or through the Site or Services. The Province of Ontario shall not have any liability to you or any other person or entity for any direct, indirect or incidental, special or consequential damages whatsoever, including but not limited to loss of revenue or profit or savings, lost or damaged data, or other commercial or economic loss, even if the Province of Ontario has been advised of the possibility of such damages; or for claims by a third party. This Section shall apply whether or not the liability results from a breach of a fundamental term or condition or a fundamental breach. You acknowledge that Teranet accesses records filed with the Province of Ontario and this clause is included for the benefit of and can be relied on by the Province of Ontario.
23. DISCLAIMER. UNLESS EXPRESSLY OTHERWISE PROVIDED IN SECTION 22, THE SITE, THE SERVICES, THE DATABASES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TERANET GROUP, DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE, THE SERVICES AND ALL CONTENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY LAW OR BY STATUTE, OR BY USAGE OF TRADE OR COURSE OF DEALING. THE TERANET GROUP DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES OR THE DATABASES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER OR THE DATABASES THAT MAKES THE SITE, THE SERVICES AND CONTENT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Site is controlled and operated at offices in Toronto, Ontario, Canada. Certain Content may be hosted on computers in other jurisdictions. Teranet makes no representation that Content on the Site is appropriate or available for use in other jurisdictions. If you choose to access this Site, the Services, the Database or Content from other jurisdictions, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.
24. Indemnity. You are to indemnify and hold the Teranet Group harmless for any costs, damages, losses or expenses that the Teranet Group, or any of them, may incur, suffer or become liable for as a result of, or in connection with, any claim asserted by a third party against the Teranet, or any of them, in connection with any unauthorized, improper or illegal use of the Site, the Services, the Database or the Content by you or committed under your Account, or due to your breach of these Terms of Use.
25. Intellectual Property Indemnity. Teranet shall defend you any claims brought by third parties alleging that the Site, Services or Content, but specifically excluding any Content consisting of Official Data (the “Materials”), as used in accordance with these Terms of Use, infringes third party’s Canadian patent, copyright or trade secret and shall hold you harmless from and against damages and costs finally awarded or entered into in settlement to the extent based upon such a claim This indemnification is conditional upon: (a) Teranet being given prompt written notice of such claim; (b) Teranet being permitted to defend or settle any such claim if it so desires; and (c) where requested by Teranet, all reasonable assistance being provided by you to Teranet in defending or settling such claim. At Teranet’s option, in the likelihood of, or upon an actual infringement action or injunction hereunder, Teranet may: (i) procure for you the right to continue using the affected Materials; (ii) replace or modify the affected Materials with a non-infringing version; or (iii) discontinue the affected Materials. The foregoing indemnification shall not apply to a claim to the extent that the claim arises from: (i) modification of the Materials by someone other than Teranet; (ii) use of the Materials in a manner inconsistent with its applicable documentation or these Terms of Use; or (iii) use of the Materials in combination with any other product or service not provided by Teranet. This indemnity is subject to Section 24 and the limitations of liability contained in Section 26. The provisions of this Section state the sole and exclusive liability of Teranet and its suppliers, and your sole and exclusive remedy with respect to any claim described in this Section.
26. Limitation of Liability. Under no circumstances, including, but not limited to, negligence, shall Teranet, its affiliates, suppliers, licensors, agents, employees, consultants, advisors or representatives (collectively, the “Teranet Group”) be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use the Site, the Services, the Database or the Content even if the Teranet Group has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the Teranet Group’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the lesser of $10,000 or the charges actually paid to Teranet by you under these Terms of use in respect of the use of the Site, the Services and the Content during the 12 months immediately preceding the date of the claim, excluding third party charges for the use of the Site, the Services, the Database and the Content (including without limitation any statutory fees). The limitations of liability set forth in this Section shall apply whether or not the liability results from negligence, a breach of a fundamental term or condition or a fundamental breach of these Terms of Use and even if Teranet, the Teranet Group or any of them have been advised of the possibility of such damages. Teranet is not liable for any liability under these Terms of Use for which you recover or are compensated for under general law or any other agreement.
27. Remedies. The remedies provided for in these Terms of Use are the sole and exclusive remedies available to you.
28. Feedback. You may send use suggestions, ideas, or other information (collectively, “Feedback”) regarding Accounts, the Site, the Services, the Database or the Content. Once submitted, Feedback becomes our property and we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, without compensation to you. By providing Feedback, you assign all copyright in and to the Feedback and waive all moral rights in the Feedback in favour of us.
29. Links. There may be links on the Site which will enable you to leave the Site and connect directly to linked sites. Teranet is providing these links only as a convenience. Such linked sites are entirely independent of the Site, and shall not be construed as any reflection on, any affiliation with, approval of, or endorsement by Teranet of any such site or entity, or its respective information, publications, products or services. Teranet shall not be responsible for the contents of any site linked to a Teranet site or for any link contained in a linked site. When linking to a third party site, you are leaving the privacy coverage of this Site and are subject to the privacy coverage of the third party site. Teranet cannot and does not guarantee that the third party web site privacy statement is the same or contains the same privacy statement of Teranet.
30. WIP and Files. You may upload to and store on the Site and Services certain work in progress, documents, files, data and other information (collectively, “WIP”). Where you submit any WIP, documents, files, data or other information by way of the Site or Services (collectively, the “Files”) you are solely responsible for the verification of the contents, accuracy and quality of any submitted the Files and its fitness for your intended purpose. We strongly discourage you from including any credit card details, personal health information or other highly confidential information you upload to, store on or submit by way of the Sites or Services and strongly advise you exclude or redact such information. You acknowledge that Teranet acts only as a passive conduit for the online transmission of Files and shall have no liability to you or any third party with respect to any damages resulting from a failed or inaccurately filed File. You and your users are responsible for creating and retaining backup copies of all WIP. You and your users agree that we have the right to remove (or have removed) from its servers any WIP which it believes, in its sole discretion, may damage our, our suppliers’ or our licensors’ systems, and/or expose us or our suppliers or licensors to liability, and you and your users grant access to use and our representatives to effect such removal and consent to such removal. We shall notify you within one 1 business day of any such removal. You and your uses waive any claim arising from any such WIP removal. You and each users represent and warrant that its WIP and Files: (a) do not and will not infringe any copyright, patent, trade-mark, trade secret or other proprietary rights or rights of publicity or privacy; (b) do not, and will not, violate any law, statute, ordinance or regulation; (c) are not, and will not be, defamatory, trade libelous, obscene or pornographic; and (d) do not, and will not, contain any viruses or other harmful or deleterious programming routines.
31. Security. While we have implemented and will maintain physical, technical and organizational measures intended to protect your WIP against accidental, unauthorized or unlawful access or disclosure, including without limitation, operational security, encryption, access control, identity management, threat management, logging and network security, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Your WIP will only be made available to those people at Teranet or its affiliates that need access. We will promptly notify you of any security incidents involving your WIP.
32. Event Information. You acknowledge and agree the Site, the Services or the Database may collect and send statistical and other information about your use of and the occurrence of certain events within the Site, the Services or the Database (“Event Information”) and that we may use this information for our internal business purposes, including without limitation, for billing, to measure and understand the behavior and preferences of our customers, to troubleshoot technical problems, to enforce these Terms of Use, and to ensure proper functioning of the Site, the Services and the Databases. You agree that you will not interfere or attempt to interfere with the collection and transmission of Event Information.
33. Privacy Policy. Information collected from use of an Account, the Sites and the Services is subject to our privacy policy accessible at https://www.teranet.ca/personal-information-policy/, as amended from time to time without notice, which is incorporated herein by reference (“Privacy Policy”). We will primarily use your personal information for the purposes of providing you with access to the Sites and Services; however, we may also use it as set out in the privacy policy and as follows: (i) for the development, enhancement, marketing and/or provision of products and services; (ii) for administrative, data back-up, or processing purposes; (iii) for the purposes of statistical and market analysis; and (iv) to meet contractual reporting and audit obligations to suppliers whose products form part of or are otherwise related to the Sites or Services. In addition to those disclosures set out in the privacy policy, we may disclose any of your personal information to: (i) suppliers of services or products purchased by you through the Sites or Services in relation to such purchases; (ii) our affiliates, partners and subcontractors that carry out certain functions for or provide certain services to us; and (iii) any law enforcement authority or regulator having jurisdiction (including, without limitation, your governing law society), in connection with any investigation by any of them relating to the Account, Administrator or a User’s use of the Sites, Services, Database or Content. In order to operate effectively, our collection, storage and use of information may involve transfers of personal information from Canada to another country. You acknowledge that it may be necessary for us to transfer personal information to someone in another country and you consent to such transfer.
34. Cookie. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information from the browser. Find out more about the use of cookies on http://www.cookiecentral.com. Teranet uses cookies to identify you when you use the Sites or Services and to keep track of your browsing patterns and build up a demographic profile. Our use of cookies also allows registered users to be presented with a personalized version of the site, carry out transactions and have access to information about their account. Most browsers allow you to turn off cookies. If you want to know how to do this, please look at the help menu on your browser; however, switching off cookies may restrict your use of some features of the Sites or Services.
35. Security Policy. Use of the Site, the Services, the Database and the Content is also subject to the terms of Teranet’s Security Statement, accessible at https://www.teranet.ca/legal-notice-security-statement as amended from time to time without notice, which is incorporated herein by reference. You recognize and agree that although our security efforts are generally consistent with industry practice in Canada, your complete privacy, confidentiality and security associated with any communications between us is not yet possible over the Internet, and therefore cannot be guaranteed. As a result, the Teranet Group shall not be responsible or liable for any loss of privacy, disclosure of information, harm, damage or loss that may result from your transmission of any information to us in any connection with the Site, the Services, the Database and Content.
36. Equipment. You are responsible for the provision of a computer and any other equipment necessary for accessing the Site, the Services, the Database and the Content which meets the configuration and specifications established by Teranet from time to time. The use of such equipment shall be at your sole expense and risk. You shall bear the cost of the communications lines to the remote access point maintained by us and any applicable telecommunication and connection charges.
37. Audit. Teranet, or its authorized representatives, acting reasonably, may upon written request to you examine and inspect during normal business hours, your materials and records relating to the Site, the Services, the Database, the Content and these Terms of Use. Subject to Section 33 hereof, Teranet shall keep confidential, and not disclose, information concerning your business and affairs.
38. Notice. Any notice under these Terms of Use may be delivered by hand, by mail, by courier, by facsimile, by electronic mail or, in the case of a notice from Teranet, by announcement displayed via the Site, the Services or any other Teranet web site. Except as provided for otherwise in these Terms of Use, a notice shall be deemed to have been received on the 5th business day after mailing if sent by regular mail, on the date of delivery if sent by courier, or on the 1st business day after the date of transmission if sent by facsimile, electronic mail or by announcement on the Site, the Services or on any other Teranet web site.
39. Assignment. These Terms of Use, or any of the rights and obligations herein, may be assigned, in whole or in part, by Teranet without consent. These Terms of Use, or any of the rights and obligations herein, may be assigned by you only with the prior written consent of Teranet. Any attempt by you to assign any rights or obligations under this Agreement shall be void in the absence of such prior written consent.
40. Laws. You are responsible for compliance with local laws to the extent they are applicable and you agree to comply with all applicable laws with respect to your use of the Site, the Services, the Database and the Content. You acknowledge you are responsible for ensuring your use of the Site, the Services, the Database and the Content complies with applicable laws, including Canadian privacy laws and Canada’s Anti-Spam Law (“CASL”), as it may be amended from time to time, and with any other applicable rules and regulations of the Canadian Radio-television and Telecommunications Commission and any similar or replacement body with authority to administer and enforce CASL.
41. Jurisdiction. You acknowledge and agree that the Site, the Services, the Database and the Content may be supplied by third parties resident and operating outside the Province of Ontario and/or may be hosted on computers located outside of the Province of Ontario. Notwithstanding the foregoing, you agree and acknowledge that your use of this Site, the Services and Content shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms of Use, and any disputes in connection with these Terms of Use or your use of the Site, the Services, the Database or the Content, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto, except in respect of injunctive relief, which a party is free to seek and receive in any jurisdiction it deems appropriate.
42. Severability. If any provision of these Terms of Use shall be found to be unlawful, void or unenforceable, then such provision shall be deemed severable here from and will not affect the validity and enforceability of any remaining provisions.
43. Amendments. Certain materials and features may be added or withdrawn from the Site, the Services or the Content. The Site, the Services, the Database and Content may be changed by us on days’ notice by electronic notice or posting any amendments on the Site or within the Services. Your continued use of the Site, the Services, the Database or the Content shall constitute your acceptance of any revisions to the Terms of Use. You should periodically check the Site and Services to be aware of any amendments.
44. Entire Agreement. These Terms of Use, together with all applicable payment processor terms of use and any other ancillary agreements referenced in this Agreement constitutes the entire agreement between the parties with respect to your access and use of the Site, the Services, the Database and the Content and these terms and conditions shall prevail notwithstanding any variance with the terms and conditions of any order submitted by you to Teranet.
45. Third Party Licensors. You agree that any third party licensor or owner of any portion of the Site, the Services, the Database and the Content, including without limitation the Province of Ontario, may enforce its rights against you as an intended third party beneficiary of these Terms of Use, even though such entity is not a party to these Terms of Use.
46. Headings. The headings in these Terms of User are only for convenience of reference and shall not affect the construction or interpretation of these Terms of Use.
47. Language. In the event of any conflict or inconsistency between the English version and the French version of these Terms of Use, the English version of these Terms of Use will govern.
Version 2.0 – November 2021
