Terms & Conditions | CPDonline.ca

Terms & Conditions

Website Terms and Conditions of Use

Welcome to CPDonline.ca (this “Website”) a Website operated by CPDonline.ca Ltd. The Website provides data and other information including, without limitation, articles, publications, videos, products, graphics, video, sound, images, icons, software, pictures and other materials ("Content") for Continuing Professional Development for Legal Professionals as well as other services such tracking of CPD credits and ongoing CPD Requirements ("Services"). The Site, the Content and the Services are provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions"). BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.

Registration

The Website is open to visitors. However, to access certain areas of the Website, registration is required. Registration is free and allows you to access other Services not available to visitors.  By registering [and clicking on the "I Accept" button provided with the registration form], you certify that the information you provide in the registration form is accurate. If you do not wish to register as a member click on the "I Do Not Agree" icon provided with the registration form.

Only registered users may purchase Content provided on the Website. We will establish an electronic record of the information all users provide to us and a record of the Content they have purchased under these Terms, this record will be known as ‘Your Account.’

It is the user's responsibility to ensure all the information entered in Your Account is correct and up to date. By registering, users agree to accept responsibility and liability for all activity that occurs under Your Account and password.

Any personal information you provide in the registration form or thereafter will be collected in accordance with, and for the express purposes set out in the Privacy Policy.

By registering, you agree to receive communications from CPDonline.ca electronically.  You consent to receiving electronically all agreements, notices, disclosures and other communications that CPDonline.ca provides to you.

New Services and New Terms

Whenever new products or services are introduced on the Website as part of the Services, should you decide to use the new products or services, your use of such Services will be subject to these Terms and Conditions unless CPDonline.ca notifies you otherwise. CPDonline.ca reserves the right to change the terms and conditions of use at any time.  Access or use after such changes indicates your acceptance of these modified terms and conditions. 

Accessing the Services

Only registered users may purchase Content provided on the Website. While access of the Services requires the payment of a fee (”Paid Services”), there is no cost to register to become a registered user of the Website.  We will establish an electronic record of the information all users provide to us and a record of the Content they have purchased under these Terms, this record will be known as ‘Your Account.’  It is the user's responsibility to ensure all the information entered in Your Account is correct and up to date. By registering, users agree to accept responsibility and liability for all activity that occurs under Your Account and password.

Your Information

We will collect, store, compile and utilize information about you and your use of the Services, including information that you provide in response to questionnaires, surveys and registration forms. Please review our Privacy Policy for more information about our privacy policies and practices. For your part, you agree that all information that you provide to is complete, accurate and up to date. If any of your information changes, you agree to immediately update it.

Your Password

During the registration process we may provide you with a unique registration number. We will also either ask you to create a password or assign you a random password, which you can change at any time by logging onto the "Account" portion of the Services. Alternatively, you may have the option of using your Facebook login credentials or similar login processes or co-registration forms from or on other third party websites to create an account and authenticate your access to the website. Because any activities that occur under your account are your responsibility, it is important for you to keep your password secure. Notify us immediately if you believe that someone has used your account without your authorization.

Communications

By registering, you consent to receiving communications from CPDonline.ca electronically and also consent to receiving electronically all agreements, notices, disclosures and other communications that CPDonline.ca provides to you.  Please note that any number of issues may interfere with your receipt of such Communications, including some types of Email Systems that may use filtering or blocking techniques that are intended to block email. We are not responsible for the actual delivery or your actual receipt of these Communications. If you fail to update your information or if all or part of your information is inaccurate, or incomplete, we may not be able to communicate with you and we are not responsible for any missed Communications.

Paid Services

Access to the Services requires the purchase of Content.  If you elect to purchase Content, you understand that your Services are personal to you, such that you may not transfer or make available your account name and password to others. Any distribution or sharing by you of your account name and password may result in cancellation of your Services without refund and/or additional charges based on unauthorized use. We reserve the right, from time to time, to change the Services, with or without prior notice to you.

Payment

Prices for all Services are in Canadian dollars and exclude any and all applicable taxes, unless expressly stated otherwise. To the extent permissible under law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. If you purchase Services, you agree to pay, using a valid credit or debit card or other form of payment that we may accept from time to time (“Payment Method”), the applicable fees and taxes (if any) set forth in the offer that you accepted. We reserve the right, upon prior notice to you, to change the amount of any fees and to institute new fees, and if you have chosen an annual subscription, these new fees will be effective at the end of your current subscription period. All authorized charges will be billed to your designated Payment Method on the terms described in the specific offer. If payment cannot be charged to your Payment Method or your payment is returned to us for any reason, we reserve the right to either suspend or terminate your access to the unpaid-for Paid Services. It is your responsibility to ensure that sufficient funds are available to cover the charges for the Paid Services, and we have no liability for any overdraft or other fees that you may incur as a result of our processing of your payment.

Automatic Renewal Program

Upon your acceptance of an offer for the purchase of any subscription-based Services, you will be enrolled in our automatic renewal program to help ensure that there is no interruption in your access to such Services. If you elect to purchase subscription based Services, you agree to our storage of your payment information.  Under this program, you authorize us to automatically renew your subscription at the end of the term of the subscription you purchased, and each subsequent term, for the same term length of the subscription you initially purchased (unless otherwise stated in the offer you accepted). Unless you change your renewal status as described below, at the time of each such renewal you authorize us to charge your designated Payment Method at the then-current, non-promotional price (unless otherwise stated in the offer you accepted) for the renewal of your subscription. If you no longer want to be enrolled in our automatic renewal program, you can change your renewal status at any time by providing us with written notice 30 days before the renewal date.

Current Information

You must provide us with current, complete and accurate information for your Payment Method. You must promptly update all information to keep your Payment Method current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify us if your Payment Method is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made by accessing the Account portion of the applicable Website or by contacting the applicable Customer Support. If you fail to provide us with any of the foregoing information, you agree that you are responsible for fees accrued under your Payment Method. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as allowed or provided by your credit or debit card issuer.

No Refund Policy

All fees relating to Services, including the initial fees and any subsequent automatic renewal fees (as described above), are non-refundable. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our discretion cancel your Paid Services immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have your Paid Services reinstated.

Advice or opinions are not provided

The Content is for information purposes only. It is not intended for the Content to be relied upon as professional or expert advice or opinions. You should seek professional advice, opinions and recommendations before acting or omitting to act based on any Content found on or through this Website.

Disclaimer

This web site, the content and the services are provided on an "as is" and "as available" basis. Neither CPDonline.ca or any of its suppliers makes any representations, warranties or conditions, express, implied or statutory as to the operation of this web site or the services, or the accuracy, completeness, quality, currency or timeliness of the web site, the content or the services or that communications to or from the web site will be secure and/or not intercepted or that the web site, the content or the services will be free from viruses or other contaminating or destructive properties, devices or components. Use of this web site, the content and the services is at your own risk.

To the fullest extent permitted by law, CPDonline.ca and its suppliers disclaims all representations, warranties and conditions, express, implied or statutory including but not limited to implied warranties of merchantability and fitness for a particular purpose, of non-infringement or that the web site, the content or the services will be free of error or operate without disruption.

The views  and opinions expressed by speakers are their own and may not represent the views and opinions of CPDonline or its content providers.

Limitation of liability

In no event shall CPDonline.ca or its suppliers, or its or their respective directors, officers, employees or agents be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory whatsoever, for damages of any kind including, without limitations, direct, special, indirect, punitive, incidental or consequential damages, business losses, lost savings, lost data, loss of use, lost profits, personal injury, fines, fees, penalties or other liabilities arising from or relating to your use, reliance upon or inability to use the web site, the content and/or the services, whether or not CPDonline.ca or its suppliers are advised of the possibility of such damages and/or if you transfer confidential or sensitive information to CPDonline.ca or if CPDonline.ca communicates such information to you at your request over the internet.

Permitted Use

You agree that you are only authorized to access and view the Website and the Content and make use of the Services solely for your own personal, use and benefit and not for the benefit of any other person or entity. You further agree that it is only where permission is specifically and expressly accorded on the Website pages or items comprising the Content or Services that you may retain a single copy of those pages of the Website or items comprising the Content or Services for your personal use, provided that you maintain all copyright and all other notices contained therein and that you do not modify all or any portion of those pages or items. You are permitted to retain a copy of the Website Terms and Conditions of Use.

Prohibited Use

No rights or licences are granted to you regarding the Website, the Content or the Services, except the limited right to use the Website, the Content and the Services in accordance with these Terms and Conditions. No reproduction, duplication, posting, downloading, uploading, retransmission, distribution, sale, modification, translation, republication of the Website, the Content or the Services or the creation of a derivative work based on the Website, the Content or the Services is permitted without the prior express written consent of CPDonline.ca. You may not use any meta tags or any other "hidden text" using CPDonline.ca's domain name, name, trade-marks or official marks without CPDonline.ca's prior express written consent. Any exploitation of the Website, the Content or the Services including, without limitation, reverse engineering, decompilation and disassembly is strictly prohibited. You agree that you will not use this Website for any purpose that is unlawful.

Ownership

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Website, in the Content or with the Services may constitute official marks, trademarks or trade names of CPDonline.ca or its licensors. The Website, the Content and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions.

Title to the Website, the Content and the Services and the official marks, trademarks or trade names displayed on the Website are owned by and shall remain with CPDonline.ca and/or its suppliers. Nothing contained in these Terms and Conditions or on the Website shall be construed as conferring by implication, estoppel or otherwise any license or right to use any official marks, trade-marks, trade-names, copyright or other intellectual property rights of CPDonline.ca or its suppliers. Any unauthorized use of the Website, the Content or the Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of CPDonline.ca or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including legal action, to enforce such rights.

Third Party Websites

This Website may contain links to third party Websites. CPDonline.ca does not endorse the content contained in any third party Website. CPDonline.ca does not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party Website, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any content on a third party Website. CPDonline.ca does not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party Websites. Nor does CPDonline.ca make any representation, warranty or condition, express, implied or statutory that the operation of any third party Website will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party Website is not under CPDonline.ca control and if you choose to access any third party Website, you do so entirely at your own risk.

Privacy

To review the CPDonline.ca privacy policy that applies to this Website please click on the following link. The CPDonline.ca privacy policy applies to your use of this Website. By accessing and using this Website, you are consenting to the collection, use and disclosure of your personal information in accordance with the CPDonline.ca privacy policy. You acknowledge having read the CPDonline.ca privacy policy.

Content Provided by User

By sending electronic mail, messages, content or information to CPDonline.ca you hereby grant to CPDonline.ca a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favour of CPDonline.ca all moral rights in the electronic mail, message, content or information. By submitting or sending electronic mail, messages, content or information to CPDonline.ca you represent and warrant that you have the full right and authority to do so and that any use by CPDonline.ca of the electronic mail, message, content or information will not violate the intellectual property rights of any person.

Indemnification

You agree that your use of the Website, the Content and the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against CPDonline.ca and/or its suppliers. You agree, at your own expense, to indemnify and hold CPDonline.ca and its suppliers, and its and their respective directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a result of your breach of these Terms and Conditions.

Governing Law and Jurisdiction

All matters relating to your access to or use of the Website or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, notwithstanding conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Website.

Termination

CPDonline.ca may at its sole and absolute discretion cancel or terminate your right to use this Website or any part of the Website at any time, without notice or liability to you or any other person. In the event of termination, the terms and conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Website and of the Content.

Waiver/Severance

The failure by CPDonline.ca to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.

Copyright

CPDonline.ca LTD (CPDOnline.ca). All rights reserved. No part of the Website or the Content may be reproduced, modified, distributed, published, sold, licensed, broadcasted, retransmitted, circulated in any form or used in any way without the prior written consent of CPDonline.ca

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