Terms & Conditions: Site Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Access and use of cpdcentre.ca ("Carswell Professional Development Centre", "us", "we", or "the Site") is subject to compliance by you (referred to as "you" or "user") with the terms and conditions set forth herein. This document should be examined carefully before accessing or using Carswell Professional Development Centre.

By accessing or using Carswell Professional Development Centre, you agree to be legally bound by the terms and conditions set forth herein, and you may not access or use Carswell Professional Development Centre if you do not agree to be so bound.

The terms and conditions set forth herein may be modified, at the discretion of Carswell Professional Development Centre, at anytime, and any such modification shall be effective immediately upon the posting of the modified terms and conditions. Through your continued access and use of Carswell Professional Development Centre you agree to periodically review these terms and conditions and to be bound by such future modification. Continued use of the Site following any such change means you accept and will abide by the change.

Under no circumstances is Carswell Professional Development Centre providing legal advice. This site provides information of a legal nature and is designed for educational purposes only. It is not meant to be a substitute for legal advice from a legal practitioner, with whom you should consult with for any specific legal concern. Neither Carswell Professional Development Centre, nor Carswell Media, endorses any of the viewpoints contained in any course, case or material expressed in or accompanying a course. Such viewpoints are solely those of the relevant content providers.

Carswell Professional Development Centre takes no responsibility for the timeliness of the information presented in the courses, on the site, or in our database. The primary source materials included in our database are included only for the reference of the user. Carswell Professional Development Centre does not warrant that any course or information is up-to-date or that any case or material referenced in a course or included in our database is the law at the current moment.

Carswell Professional Development Centre takes no responsibility for the accuracy of the information related to continuing legal requirements in any jurisdiction. Such information is provided only for the convenience of the user. Such requirements information is subject to change without notice, and each user should consult his or her local bar association or continuing legal education board for up-to-date information.

USE OF MATERIALS

NO CONTENT FROM THIS SITE MAY BE COPIED, REPUBLISHED, UPLOADED, OR OTHERWISE DISTRIBUTED. NOTWITHSTANDING, YOU MAY DOWNLOAD ONE COPY OF THE MATERIALS ON ANY SINGLE COMPUTER FOR YOUR PERSONAL, NON-COMMERCIAL USE, SO LONG AS ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES REMAIN INTACT AND ARE PROMINENTLY DISPLAYED. YOU MAY NOT SUBLICENSE, TRANSFER OR OTHERWISE MAKE AVAILABLE ANY CONTENT TO ANY THIRD PARTY FOR COMMERCIAL PURPOSES OR FINANCIAL GAIN OR USE THE CONTENT IN ANY OTHER MEDIA OR IN ANY LOCATION. YOU MAY NOT ALTER OR MODIFY THE CONTENT IN ANY WAY. 

USER PRIVACY

Carswell Professional Development Centre respects the privacy of its users. Therefore, we will not monitor, edit, or disclose the contents of any e-mail or other communication with Carswell Professional Development Centre unless required in the course of normal maintenance of Carswell Professional Development Centre and its systems or unless required to do so by law or in the good faith belief that such action is necessary to (a) comply with the law or comply with legal process served on Carswell Professional Development Centre or Carswell Media; or (b) protect or defend the rights or property of Carswell Professional Development Centre or Carswell Media. Users shall remain solely responsible for the content of their messages, regardless of what the content is. All personal information collected through Carswell Professional Development Centre is provided on a voluntary basis by Carswell Professional Development Centre users and visitors through a visible means of data entry or by collecting information using a registration form.

Upon request, Carswell Professional Development Centre will (a) remove you and your personal information from our database; (b) correct personal information that you state is erroneous; or (c) permit you to "opt out" of further e-mail contact (excepting notification of major changes to the service) while still allowing you to access Carswell Professional Development Centre.

Carswell Professional Development Centre logs IP addresses for systems administration and troubleshooting purposes. Your IP address indicates the location of your computer on the Internet.

Carswell Professional Development Centre may also gather anonymous information that may be used by Carswell Professional Development Centre or Carswell Media or shared with third parties. This information does not personally identify you, but may be helpful in improving the services offered. Generally this information is collected through "traffic data" and may entail the use of "cookies," "IP addresses," or other numeric codes used to identify a computer.

COOKIES

"Cookies" give users a special, random ID that are small text files, which are stored on the hard drive of a user's computer. The use of cookies is an industry standard. Carswell Professional Development Centre employs cookies to recognize you and your access privileges for certain locations on the Carswell Professional Development Centre sites as well as to track site usage. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. Members or visitors who do not accept cookies from Carswell Professional Development Centre cannot access some areas of Carswell Professional Development Centre.

Carswell Professional Development Centre may, in its sole discretion, perform statistical analysis of the collective characteristics and behavior of users to measure interests in the various areas of Carswell Professional Development Centre (for product development and other business development purposes).

Users should be aware that when they are on Carswell Professional Development Centre, they could be directed to other sites that are beyond the control of Carswell Professional Development Centre. There may be links to other sites from Carswell Professional Development Centre pages that take you outside our services. These may include links from sponsors and partners that may use the Site as part of a co-branding agreement with Carswell Professional Development Centre. These other sites may send their own cookies to users, collect and track data, or solicit personal information. Carswell Professional Development Centre does not endorse the content found on such third-party sites. You assume sole responsibility for your use of third-party links and pointers.

If you participate in any discussions on Carswell Professional Development Centre, you agree not to use any language that is threatening, abusive, vulgar, discourteous or criminal. You also agree not to post or transmit information or materials that would violate the rights of a third party or which would contain a virus or other harmful component.

Please keep in mind that whenever you give out information online including, for example, posting a message to a discussion group that information can be collected and used by people you do not know. Carswell Professional Development Centre cannot guarantee the security of any information you disclose online, and you do so at your own risk. Carswell Professional Development Centre cannot control the acts of its members or visitors who use the interactive features of Carswell Professional Development Centre. You provide personal information, such as name, e-mail address, mailing address, and phone number during such use at your own risk, as they may be used by other parties outside of Carswell Professional Development Centre for unsolicited e-mail or other contact.

Your account with Carswell Professional Development Centre is password-protected so that only you can access it. Carswell Professional Development Centre strongly recommends that you do not provide your password information to anyone.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site, are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Carswell Professional Development Centre and/or Carswell Media.

By publishing, uploading or submitting any materials to us, including messages posted in our discussion groups or chat rooms, you automatically grant (or warrant that the owner of such rights has expressly granted) Carswell Professional Development Centre and Carswell Media a perpetual, royalty-free, irrevocable, nonexclusive right and license (with the right to grant sublicenses) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute such materials, incorporate such material and otherwise exploit all content or information you publish on the Site into any form, medium or technology, now known or later developed. You further agree that all such communications you make to the Web site shall not be deemed confidential. By your acceptance of these terms and conditions you agree to waive all recourse against Carswell Professional Development Centre or Carswell Media for any alleged or actual infringement or misappropriation of any proprietary or confidential publications or communications to Carswell Professional Development Centre.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

Carswell Professional Development Centre makes no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdiction. If you choose to access the Site, you do so on your own initiative and risk and you are responsible for compliance with all applicable laws.

CARSWELL PROFESSIONAL DEVELOPMENT CENTRE DOES NOT IN ANY WAY OPERATE, CONTROL OR ENDORSE ANY PRODUCTS, SERVICES OR INFORMATION APPEARING ON CARSWELL PROFESSIONAL DEVELOPMENT CENTRE. YOU UNDERSTAND AND AGREE THAT CARSWELL PROFESSIONAL DEVELOPMENT CENTRE CANNOT AND DOES NOT WARRANT OR GUARANTEE THAT FILES, SOFTWARE OR INFORMATION OF ANY KIND OR FROM ANY SOURCE AVAILABLE FOR DOWNLOADING THROUGH CARSWELL PROFESSIONAL DEVELOPMENT CENTRE WILL BE FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MAY MANIFEST HARMFUL AND DESTRUCTIVE PROPERTIES.

BECAUSE OF THE POSSIBILITY OF HUMAN, TECHNICAL AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, CARSWELL PROFESSIONAL DEVELOPMENT CENTRE IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. THE MATERIALS IN CARSWELL PROFESSIONAL DEVELOPMENT CENTRE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARSWELL PROFESSIONAL DEVELOPMENT CENTRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, CARSWELL PROFESSIONAL DEVELOPMENT CENTRE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE CARSWELL PROFESSIONAL DEVELOPMENT CENTRE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARSWELL PROFESSIONAL DEVELOPMENT CENTRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON CARSWELL PROFESSIONAL DEVELOPMENT CENTRE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CARSWELL PROFESSIONAL DEVELOPMENT CENTRE) SHALL BEAR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE CREDIT TRACKING SECTION OF CARSWELL PROFESSIONAL DEVELOPMENT CENTRE CONTAINS SOME INFORMATION A USER HAS PROVIDED TO CARSWELL PROFESSIONAL DEVELOPMENT CENTRE. ALTHOUGH CARSWELL PROFESSIONAL DEVELOPMENT CENTRE WILL MAINTAIN A RECORD OF THIS INFORMATION, CARSWELL PROFESSIONAL DEVELOPMENT CENTRE IS NOT RESPONSIBLE FOR CONFIRMING WHETHER AN EXTERNAL COURSE ATTENDED BY ANY USER WAS ACTUALLY ACCREDITED FOR CONTINUING LEGAL EDUCATION IN ANY JURISDICTION OR WHETHER THAT USER IN FACT EARNED THOSE CREDITS. AS A CONSEQUENCE CARSWELL PROFESSIONAL DEVELOPMENT CENTRE IS NOT LIABLE FOR ANY MISINFORMATION, OMISSION OR MISSTATEMENT ARISING FROM THE CREDITS RECORDED AND MAINTAINED IN THE CREDIT TRACKING SECTION.

UNDER NO CIRCUMSTANCES SHALL CARSWELL PROFESSIONAL DEVELOPMENT CENTRE BE LIABLE TO THE USER AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, ARISING FROM THE USE OF THIS SITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF CARSWELL PROFESSIONAL DEVELOPMENT CENTRE OR A CARSWELL PROFESSIONAL DEVELOPMENT CENTRE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CARSWELL PROFESSIONAL DEVELOPMENT CENTRE'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 AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

TERMINATION

These terms and conditions are effective until terminated by either party. You may terminate these terms and conditions at any time by destroying all copies of courses and materials obtained from Carswell Professional Development Centre, whether accepted under the terms and conditions hereof or otherwise. These terms and conditions will terminate immediately without notice from Carswell Professional Development Centre if, in the sole discretion of Carswell Professional Development Centre, you fail to comply with any term or condition or provision of a term or condition of this Agreement. Upon termination by Carswell Professional Development Centre, you must destroy any copy of a course or materials obtained from this Site, whether accepted under the terms and conditions hereof or otherwise.