To the extent products may be offered for sale, purchased or ordered through this website, such offers, purchases and orders are subject to the LOCKHART LITERATURE terms and conditions of sale issued in writing in respect thereof. Nothing in these Terms of Use shall extend, modify, supplement or expand such terms and conditions.

Modification of these Terms of Use

You acknowledge that we have the right, at our sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without prior notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on our website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of our website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on SEPT. 15, 2006.

Use of Our Website

Use of our website is provided to you solely for your own personal or internal use. Unless otherwise indicated on our website, you may display, download and print hard copy portions of the material contained on our website for your own personal use or the internal use of the business you represent, provided that neither you nor such business modify or delete any copyright, trademark or other proprietary notices. Any other use of the materials on our website, including but not limited to the modification, reproduction, distribution, transmission, republication, public display or performance of such materials, is prohibited without our prior written consent. Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.

Disclaimer

We have made reasonable commercial efforts to provide you with the most accurate and timely information through our website. However, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.

Except as otherwise expressly indicated on our website, the performance of our website and all information, products or services accessed from or available on our website are provided to you on an “as is” basis, without representations or warranties of any kind (to the fullest extent permissible under applicable law), including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. Except as otherwise expressly indicated on our website, we make no representation or warranty to you that our website or any information, products or services accessed from or available thereon will be uninterrupted, error free or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.

We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website or any content contained thereon, including your password access (if any), without liability or notice to you.

As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk. In no event shall we be liable to you for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, howsoever arising and whether framed in contract or tort, even if we have been advised of the possibility of such damages.

Registration and Password

Certain portions of this website may be password-protected and require registration and disclosure of certain information about yourself, which information shall not be disclosed by us except in accordance with our PRIVACY POLICY .  When registering with us, you agree to provide complete and accurate information about yourself and to update such information as it changes. It is your responsibility to keep the password provided to you as part of the registration process confidential.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the use of your password for our website or the exchange of e-mail with us (including those which to may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such iformation in accordance with our PRIVACY POLICY, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

Our website permits users of the website to upload, post or otherwise transmit content. You acknowledge and agree that all content not provided by us, whether publicly or privately uploaded, posted or transmitted, is the sole responsibility of the person from whom such content originated. As we do not control the content originating from users of this website, you acknowledge and agree that (a) we cannot guarantee the accuracy, reliability or completeness of such content and (b) that by using this website you may be exposed to such content that you may find objectionable and for which we shall have no responsibility or liability. We do not generally screen or edit content originating from users of this website, but reserve the right (though we have no duty) to monitor or to remove, with or without notice, any objectionable content, in our sole discretion.

You agree: to follow all applicable laws and regulations when using this website; that you shall be responsible for all acts that occur under your password, including any content uploaded, posted or transmitted through such password; and that you have the right to upload, post or otherwise transmit any content originating from you or under your password.

You agree that you shall not (or permit under your password):

a.       upload, post or otherwise transmit through or to this website any content that:

                                 i.            is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;

                               ii.            might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;

                              iii.            contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;

b.      disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks, or the passwords of other users;

c.       provide false information about yourself during the registration process, impersonate any other person, or otherwise attempt to mislead us or other website visitors about your identity or the origin of any content, message or other communication;

d.      transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;

e.       collect information about other website visitors without their consent or otherwise systematically extract data or data fields from our website, including without limitation e-mail addresses;

f.        sell access to or the use of this website, including any content contained on, downloaded or accessed from our website.

All comments, suggestions, ideas, notes, drawings, concepts, recipes, serving suggestions, product proposals or other Information or content disclosed or offered to LOCKHART LITERATURE through this site, or in response to solicitations on this site (collectively “Suggestions”) [other than any personal information provided to us which shall be treated in accordance with our PRIVACY POLICY shall be deemed and shall remain the property of LOCKHART LITERATURE.  LOCKHART LITERATURE has both internal and external resources that may have developed or may in the future develop ideas identical or similar to user Suggestions and accordingly LOCKHART LITERATURE is only willing to consider Suggestions from users on these terms. Suggestions submitted will not be treated in confidence and LOCKHART LITERATURE assumes no obligation, express or implied, by considering any Suggestions. LOCKHART LITERATURE shall exclusively own all now known or hereafter existing rights to Suggestions submitted through this site and shall be entitled to the unrestricted use and modification of the Suggestions for any purpose whatsoever, commercial or otherwise, without notice, attribution of authorship or compensation to the provider of the Suggestions.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. You should be aware that such third party websites may collect data or solicit personal information from you. As we do not control such websites, we are not responsible for their privacy policies, or for the collection, use or disclosure of any data or personal information such websites may collect.

Proprietary Rights

LOCKHART LITERATURE, and other identifying marks of LOCKHART LITERATURE are and shall remain the trade-marks and trade names and exclusive property of LOCKHART LITERATURE, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website is the copyrighted property of LOCKHART LITERATURE (or, in certain cases, other users of this website or third party content providers) and is protected by international copyright law. Information on this website may be used by you only for your personal use or internal non-commercial use of the business you represent, as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. We reserve any rights not expressly granted to you.

Notice of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this website in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

1.      A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

2.      Identification of the copyrighted work claimed to have been infringed.

3.      Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

4.      The address, telephone number or email address of the complaining party.

5.      A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

6.      A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

General

If any court having competent jurisdiction holds any provision of these Terms of Use invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect.

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 conflict of laws provisions thereto. The parties consent to the jurisdiction of the courts of, and venue and sits in, Toronto, Ontario.

With the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by LOCKHART LITERATURE, with such mediation to be held in the City of Toronto, in the Province of Ontario. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. We may assign this agreement to any affiliate or successor of LOCKHART LITERATURE without notice thereof to you.

The materials on this site are presented for the purpose of informing users about programs and products available from LOCKHART LITERATURE.

Language

It is the express wish of the parties that these Terms of Use, our PRIVACY POLICY, and other notices on this website have been drawn up in English. C'est la volent expresse des parties que la presente convention ainsi que tous les documents legales qui s'y rattachent soient en anglais.

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Privacy Policy

COLLECTION AND USE OF INFORMATION

LOCKHART LITERATURE may need to collect personal information from individuals to enable it to provide legal advice and assistance.

Personal information (including sensitive information, as defined in the Act) that may be collected and held includes, but is not limited to, names of employees and proprietors of organisations, addresses, telephone numbers, facsimile numbers, email addresses, titles and professional associations.

The reasons for the collection of personal information include, but are not limited to:

> providing and marketing our services;
> maintaining contacts with our clients, their other advisers, other people involved in their transactions and the advisers of those other people;
> developing a knowledge base concerning our clients, their people and their businesses; and
> taxation and other legal obligations.

DISCLOSURE

LOCKHART LITERATURE  respects the confidentiality of the information you provide to us and, as such, any personal information that we collect will only be used for the purpose for which it has been provided. This information will not be disclosed to any third party without your consent, unless such disclosure is required by law. Additionally, no information will be sent overseas for any purpose whatsoever.

LOCKHART LITERATURE may disclose personal information to service providers, agents, contractors and strategic partners from time to time to help provide and market our services to you. If we do this we generally require these parties to protect your information the same way we do.

COLLECTING YOUR INFORMATION USING THIS WEBSITE

When you visit this website, our Internet Service Provider (ISP) makes a record of your visit. The following information is logged: your server address; the date and time of your visit to the website; the pages you access; the documents you download; the previous site you visited; and the types of browser you use. This information is obtained for statistical and website development purposes only and does not include any personal information.

Users should be aware that there are inherent risks in transmitting information across the Internet.

SECURITY

LOCKHART LITERATURE will take all reasonable steps to protect the security of the personal information that it holds from loss, misuse or unauthorised access, modification or disclosure. This includes appropriate measures to protect electronic materials and materials stored and generated in hard copy.

Where information held by LOCKHART LITERATURE is no longer required to be held, and the retention is not required by law, then LOCKHART LITERATURE will destroy such personal information by a secure means.

LINKS

This website contains links to a number of other websites that are provided only for your convenience and interest. We do not have any association with those sites and do not take any responsibility for their content. When you click on a link to another site, you leave the LOCKHART LITERATURE site and are no longer protected by the LOCKHART LITERATURE Privacy Policy.