Last Updated June 21, 2024.
Contents
Terms of Use
PLEASE READ ALL THE TERMS AND CONDITIONS CAREFULLY.
David Lam, Barrister and Solicitor ("David Lam"), owns and operates the web sites https://www.davidlam.ca, https://blog.davidlam.ca, https://www.lams.ca, and related domains and subdomains (the "Web Sites"). This Terms of Use Agreement (this "Agreement") states the terms and conditions under which you may access and use the Web Sites. By accessing and using any one of the Web Sites you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use any of the Web Sites.
IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF ANY OF THE WEB SITES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
David Lam may revise this Agreement at any time by updating this posting. Use of the Web Sites after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
Disclaimer of Warranties
The Web Sites and all materials and content displayed or otherwise accessible through the Web Sites, including, without limitation, news articles, blog posts, text, photographs, images,
graphics, illustrations, audio clips, video clips, computer software and code (collectively, the "Content") ARE PROVIDED AS IS.
BY ACCESSING AND USING ANY ONE OF THE WEB SITES YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITES AND THEIR CONTENT IS ENTIRELY AT YOUR OWN RISK.
David Lam MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITES AND THEIR CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (1) THAT THE WEB SITES AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (2) THAT THE OPERATION OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR FREE; (3) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; AND (4) THAT THE WEB SITES WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL David Lam, ITS PARTNERS, EMPLOYEES, AGENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO DAMAGED REPUTATION OR GOODWILL, LOSS OF LIFE OR INJURY, LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR
LOST PROFITS, ARISING FROM YOUR USE OF THE WEB SITES, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF David Lam KNEW OF OR
OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL David Lam, ITS PARTNERS, EMPLOYEES, AGENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, EXCEEDING ONE CANADIAN DOLLAR (C$1.00), WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF David Lam HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED THIRD PARTY WEB SITE OR LINKED THIRD PARTY CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
No Advice
The Content contained on the Web Sites are for informational purposes only and are not intended to provide legal, accounting, tax, investment, financial, medical or any other advice to you, and you
should not rely upon the Content to provide any such advice. For legal advice, please contact the law office of David Lam by clicking on Contact, and book an appointment for a
legal consultation with David Lam.
No Solicitor-Client Relationship
This Agreement or your use of any one of the Web Sites is not intended to create a solicitor-client relationship, partnership, joint venture, or agency relationship between David
Lam and you or any other parties.
Security of Communications
Information sent or received over the Internet to and from the Web Sites, including the "contact me" form, may be insecure. David Lam cannot and does not make any representation
or warranty concerning security of any communication to or from the Web Sites or any representation or warranty regarding the interception by third parties of personal or other information. Do not send any
confidential information through the Web Sites.
Copyright
All Content are protected under Canadian and foreign copyright or other laws, and are owned by David Lam or the party accredited as the provider of the Content. You shall abide by all additional
copyright notices, information and restrictions on or contained in any of the Content accessed through the Web Sites.
ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITES OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF David Lam.
Trademarks
Nothing contained on the Web Sites should be construed as granting you any license or right to use any trademark logo or design of David Lam or any third party, without the written prior permission of
David Lam or the respective owner of any third-party trademark.
The use or display of third-party trademarks or Content on the Web Sites shall not be taken to imply any relationship or license between David Lam and the owner of said trademark or to imply that David Lam endorses the wares, services, events, or business of the owner of said trademark.
Links to Third Party Sites
The Web Sites may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by David Lam of the contents of such
third-party web sites.
David Lam shall not be responsible for the content of any third party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation (1) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third party web site; (2) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third party web sites; or (3) any representation or warranty that the operation of the third party web sites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected or that such third party websites will be free from viruses or other harmful components.
Submissions
The Web Sites may provide features that allow you to post messages, comments, Facebook "likes", Tweets and/or other content ("Submissions"). By posting or uploading Submissions to the Web Sites, you
grant David Lam a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (1) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly
perform or display such Submissions for any purpose; and (2) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights.
In addition to the grant of the above license, you hereby (1) agree to waive all moral rights in any Submission in favour of David Lam; (2) consent to your name, picture, address, e-mail, and any other personal information appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (3) acknowledge and agree that David Lam is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (4) acknowledge and agree that any Submissions you provide for display on the Web Sites will be considered non-confidential.
David Lam may review Submissions before they are posted, but is under no obligation to do so and will not review every Submission before they are posted. David Lam may refuse to post any Submission to the Web Sites. David Lam reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions herein or is otherwise objectionable.
You acknowledge and agree that David Lam may, in its sole discretion, monitor the Web Sites periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web site properly or to protect itself or other users of the Web Sites. Any such disclosure shall be in accordance with David Lam's Privacy Policy below.
David Lam is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of David Lam.
While David Lam is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Web Sites and terminating the submitting party's right to access and use the Web Sites (or any portion thereof).
You acknowledge and agree that David Lam may, in its sole discretion, monitor the Web Sites periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Web Sites properly or to protect itself or other users of the Web Site.
Termination
David Lam may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web Sites, or any portion thereof. David Lam may also terminate your
right to access and use the Web Sites, or any part of the Web Sites, if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction
The Web Sites (excluding linked web sites) are controlled by David Lam from its offices within the Province of Ontario, Canada. By accessing or using the Web Sites, you agree that
all matters relating to your access to, or use of, the Web Sites and/or its contents shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles
thereof.
You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters.
You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
No Consent, Non-Assignability, Severability, Entire Agreement
Any consent by David Lam to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a
consent to, or waiver of, any other, different or subsequent breach.
You may not assign or transfer this Agreement or any right or obligation hereunder.
If any term or provision of this Agreement 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.
Except for any agreements with David Lam that expressly reference this Agreement, this is the entire agreement between you and David Lam relating to the matters contained herein.
Privacy Policy
Complaints and Inquires about this Privacy Policy can be forwarded to:
David Lam, Barrister and Solicitor
Privacy Officer
625 Cochrane Drive, Suite 102
Markham, Ontario L3R 9R9
Canada
Statement of Policy
It is the policy of David Lam to control the collection, use, and disclosure of personal information in accordance with all requirements set out in the Personal Information Protection and Electronic Documents Act (PIPEDA).
Collection of Personal Information
Unless otherwise authorized by the Personal Information Protection and Electronic Documents Act, (1) No personal information shall be collected by David Lam unless it
relates directly to the practice of law or the promotion of the practice of law of David Lam; and (2) David Lam shall, wherever possible, collect personal information that is intended to be used for an administrative
purpose directly from the individual to whom it relates except where the individual authorizes otherwise.
Retention of Personal Information
Personal information that has been used by David Lam for an administrative purpose shall be retained for such period of time after it is so used as may be prescribed by
regulation in order to ensure that the individual to whom it relates has a reasonable opportunity to obtain access to the information.
Accuracy of Personal Information
David Lam shall take all reasonable steps to ensure that personal information that is used for an administrative purpose is as accurate, up-to-date and complete as possible.
Disposition of Personal Information
David Lam shall dispose of personal information under its control in accordance with the regulations and with any directives or guidelines issued by the designated minister in
relation to the disposal of that information.
Use and Disclosure of Personal Information
Personal information under the control of David Lam shall not, without the consent of the individual to whom it relates, be used or disclosed by David Lam except for the
purpose for which the information was obtained or compiled or for a use consistent with that purpose unless otherwise authorized by the Personal Information Protection and Electronic Documents Act. In certain
circumstances personal information subject to the Personal Information Protection and Electronic Documents Act may be used, or disclosed without the knowledge or consent of the individual concerned.
Access to Personal Information
Upon receipt of a written request, David Lam shall provide a right of access to personal information subject to the Personal Information Protection and Electronic Documents Act to
(1) any personal information about the individual requestor; and (2) any other personal information about the individual requestor under the control of David Lam with respect to which the individual is able to provide
sufficiently specific information on the location of the information as to render it reasonably retrievable.
Individuals who are given access to their personal information may (1) request correction of the personal information where the individual believes there is an error or omission therein; and (2) require that a notation be attached to the information reflecting any correction requested but not made.
Refusal of Access to Personal Information
David Lam may refuse access to personal information as provided by the Personal Information Protection and Electronic Documents Act where such information, among
other circumstances: (1) is subject to solicitor client privilege; or (2) where disclosure threatens the safety of individuals.
Responsibility
All David Lam employees, who collect, maintain and/or use personal information, are responsible for insuring that the collection, use and disclosure of this information is carried out in accordance
with this policy and relevant procedures.
The Privacy Officer is accountable for David Lam's policies and practices, with respect to the management of personal information, and is the individual to whom complaints and inquiries can be forwarded.
Non-Personal Information
David Lam reserves the right to perform statistical analyses of user behaviour and characteristics, in order to measure interest in and use of the various sections of its Web Sites so as
to improve design and navigation and to gather marketing information. Only aggregated data from these analyses, not individual data, will be used for this purpose.
As well, certain non-personal information and data may be automatically collected by David Lam through the operation of what are called "cookies". Through cookies, a web site can recognize repeat users, facilitate the user's access to and use of the site and allow a site to track usage behaviour that will allow content improvements.
If you do not want a cookie placed on your computer by David Lam, you may disable cookies altogether by modifying the Preferences section of your internet browser. Note that it is possible that some aspects of the Web Sites may be unavailable to you if you choose this option. If you have no problem accepting cookies, but wish to be informed of their appearance, you may turn on a warning prompt by modifying the cookie warning section in your internet browser.
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