Your access to and use of any material on this Website constitutes your acceptance of, and is conditional upon your acceptance of and compliance with, all of the following terms and conditions. If you do not agree with any of these terms or conditions, do not access or use this Website.
YOU ACKNOWLEDGE THAT KELLY HAYES DOES NOT ACCEPT ANY LIABILITY FOR YOUR ACCESS TO OR USE OF THIS WEBSITE. YOUR ACCESS TO OR USE OF THIS WEBSITE IS AT YOUR RISK SOLELY.
This Website contains information, communications, software (including program code which may execute on the server or which may be embedded in or downloadable from individual pages on this Website), images, sounds, music, graphics, photos, videos and other material and services (collectively, the “Content”).
You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other website features (the “Website Design”) are protected by Canadian and international intellectual and industrial property rights, including copyrights, trade-marks and other proprietary rights. These rights are valid and protected in all media existing now or later developed, and all use of the Content or Website Design shall be in accordance with such rights and these terms and conditions. Kelly Hayes may modify this Website, the Content, the Website Design or any of these terms and conditions at any time. It is your responsibility to check for such modifications.
No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Website or by communicating with a lawyer at Kelly Hayes by way of e-mail, or otherwise, via this Website. Kelly Hayes does not guarantee the confidentiality of any communication by way of e-mail, or otherwise, via this Website. This includes, but is not limited to, the use of the contact form on the contact page.
The Content provided on this Website is for general information purposes only. It is not intended to be legal advice or opinion of any kind. No one should act, or refrain from acting, based upon this or other general information without first seeking the appropriate legal or other professional advice. If you require legal advice or a legal opinion, please either contact Kelly Hayes or another qualified legal advisor.
Kelly Hayes has made every effort to ensure that the Content is accurate. However, Kelly Hayes does not warrant or guarantee the accuracy or completeness of the Content, or that this Website will be without errors or omissions. Kelly Hayes neither warrants nor represents that your use of the Content will not infringe rights of third parties.
The Content is provided without any charge, “as is”, “where is”, without warranty of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Content may contain technical inaccuracies or typographical errors and may be changed or updated without notice. In addition, the Content may be inaccurate as a result of, amongst other causes, changes in legislation, court decisions or the passage of time.
In no event shall Kelly Hayes, its partners, agents, contractors or employees be liable for any loss, cost, or damages whatsoever (including, without limitation, damages for harm to business, loss of profits, programs or data, interruption of activities, or any other pecuniary, economic or similar loss) whether direct, indirect, incidental, punitive, special, exemplary, consequential, or otherwise, arising out of any use, inability to use or misuse of, or any defects, inaccuracies, errors or omissions in, the Content, this Website, or any hyperlinked website, including without limitation, any injuries, fines, fees, penalties, lost profits, lost savings, business interruption, lost data, loss of programs or of use, without regard to the form of action, even if Kelly Hayes has been advised of the possibility of damages. The fact that information is provided on this Website establishes no duty of care of any kind.
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern use of this Website and the interpretation, validity and effect of these terms and conditions, notwithstanding any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding related to this Website and agree not to commence any such action or proceeding except in the Province of Ontario, Canada.
