Terms of Use

[IMPORTANT! BY ACCESSING OUR WEBSITE AND USING OUR RESEARCH AND ONLINE BORROWING SERVICES (THE “SERVICES”), YOU AGREE TO BE BOUND WITHOUT LIMITATION OR QUALIFICATION BY THE ASSOCIATED TERMS OF USE (THE “CONTRACT”). IF YOU DO NOT ACCEPT ALL THE TERMS OF THIS CONTRACT, YOU SHOULD NOT ACCESS OUR WEBSITE OR SERVICES IN ANY MANNER.]

1. Scope of this Contract

This Contract is between you, the user of any of the Services on this website, and the Centre d’accès à l’information juridique (CAIJ) (the “Site Owner”). This Contract states the terms that apply to your use of this website and any of the Services.

2. Modification of Terms

The Site Owner can alter the terms of this Contract at any time by displaying the amended terms on its website in the “News” section, and you agree to be bound by the terms in effect at the time you access the Site Owner’s website or use any of the Services.

3. Consent to Use of Electronic Documents

You hereby consent to the electronic exchange of information and documents via the Internet or email between you and the Site Owner, if you are the recipient, at the electronic address that you indicated on your application form and, if the Site Owner is the recipient, at the following address: commentaires@caij.qc.ca.

4. Membership

In order to gain access to the Services, you must use the password provided to you by the Site Owner, if applicable. This password is assigned to you exclusively. You agree to protect it and not to disclose it or transfer it to any third parties. If you have reason to believe that the security of your username or password has been compromised, you agree to immediately notify the Site Owner and to change your password, when possible. The Site Owner reserves the right to cancel any membership if it learns that a password is being used by more than one person or that it has been disclosed to another person, whether that person is in fact using it or not.

5. Payment

Any correspondence or business relationship with third parties through this website, including payments for goods or Services, if applicable, or any other term, condition, warranty or statement pertaining to these transactions shall be between you and the third party. As a result, the Site Owner shall not at any time be liable for any loss or damage whatsoever arising from this relationship or the use of information provided to a third party in the context of such a relationship, including, but without limiting the generality of the foregoing, any credit card information.

6. Exclusion of Warranties and Limitation of Liability

THE CONTENT OF THE CAIJ WEBSITE, THE SERVICES AND THE TOOLS ARE MADE AVAILABLE TO YOU SOLELY FOR INFORMATION PURPOSES, FOR YOUR PERSONAL AND NON-COMMERCIAL USE. UNDER NO CIRCUMSTANCES IS THE SITE OWNER OFFERING A LEGAL OR OTHER OPINION OF ANY KIND WHATSOEVER. THE SITE OWNER, ITS PARTNERS, SUPPLIERS AND/OR AGENTS MAKE NO REPRESENTATION AND OFFER NO WARRANTY REGARDING THE FUNCTIONALITY OR STATE OF THIS WEBSITE, THE EXHAUSTIVE NATURE OR RELIABILITY OF THE CONTENT OF THE SITE, ITS RELEVANCE FOR USE OR USE FREE OF INTERRUPTION OR ERROR, OR REGARDING THE RESULTS OF RESEARCH PERFORMED USING THE TOOLS AND/OR SERVICES OFFERED THROUGH THIS SITE. ALL ELEMENTS, INFORMATION, APPLICATIONS, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE AND THE INFORMATION APPEARING ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE SITE OWNER, ITS PARTNERS, SUPPLIERS AND/OR AGENTS DISCLAIM ANY WARRANTY OR CONDITION, ORAL OR WRITTEN, LEGAL, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR ADAPTABILITY FOR A PARTICULAR PURPOSE, ABSENCE OF COUNTERFEIT, ACCURACY, ABSENCE OF VIRUSES OR FITNESS FOR A PARTICULAR USE, OR WARRANTIES OR CONDITIONS DERIVED FROM LAW OR OTHERWISE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE OWNER, ITS PARTNERS, SUPPLIERS AND/OR AGENTS DISCLAIM AND OFFER NO WARRANTY THAT THE ELEMENTS AND INFORMATION APPEARING ON THIS SITE, INCLUDING WITHOUT LIMITATION, ANY SOFTWARE OR TOOL ACCESSIBLE ON OR THROUGH THIS SITE, WILL BE UNINTERRUPTED, FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS, OR THAT ANY PROBLEMS OF THIS NATURE THAT ARE DISCOVERED WILL BE RECTIFIED. THESE EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSIONS SET OUT IN THESE TERMS.

THE SITE OWNER, ITS PARTNERS, SUPPLIERS AND/OR AGENTS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, ACCESSORY, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM THIS SITE AND/OR PARTNER SITES OF THE SITE OWNER, THEIR CONTENT OR TOOLS OR ACCESS TO OR USE THEREOF. WITHOUT LIMITATION AND NOTWITHSTANDING ANYTHING WHATSOEVER TO THE CONTRARY, THE SITE OWNER, ITS PARTNERS, SUPPLIERS AND/OR AGENTS SHALL NOT BE LIABLE EITHER TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES ARISING FROM OR RELATED TO THE FOLLOWING:

  1. THE COMPLETENESS AND RELEVANCE OF RESEARCH RESULTS OR THE ABILITY TO TRANSMIT OR PRINT THE INFORMATION RETRIEVED;
  2. ANY DAMAGE TO THE USER’S EQUIPMENT;
  3. ANY CLAIM FROM A THIRD PARTY;
  4. POOR PERFORMANCE, DELAYS, INTERRUPTIONS, COMMUNICATION LINE OR SYSTEMS FAILURES, INCLUDING COMMUNICATION FAILURES THAT AFFECT THE TRANSMISSION, ACCURACY OR TIMELINESS OF THE INFORMATION, MATERIAL, MESSAGES OR INSTRUCTIONS BETWEEN YOU AND THE SITE OWNER AND/OR THAT PREVENT THE INFORMATION, MATERIAL, MESSAGES OR INSTRUCTIONS FROM BEING TRANSMITTED IN WHOLE OR IN PART;
  5. YOUR INABILITY TO ACCESS, AT ANY TIME, ANY PORTION OF THIS SITE OR PARTNER SITES OF THE SITE OWNER, OR ANY ELEMENT OF THEIR CONTENT, OR ANY SERVICES WHATSOEVER PROVIDED THEREIN;
  6. ANY DAMAGE OR LOSS CAUSED TO YOUR COMPUTERIZED FILES OR DATA, FOR WHATEVER REASON, INCLUDING VIRUSES, WORMS, TROJAN HORSES OR OTHER INTRUSIVE, DISRUPTIVE OR DESTRUCTIVE PROGRAMS OR FILES;
  7. INTERCEPTION, LOSS OR DISCLOSURE OF CONFIDENTIAL OR SENSITIVE INFORMATION RELAYED VIA THE INTERNET, INCLUDING PERSONAL INFORMATION;
  8. UNSUITABILITY OR LACK OF RELIABILITY, TIMELINESS OR AVAILABILITY OF THIS SITE OR AN ELEMENT OF ITS CONTENT OR OF THE SERVICES OFFERED ON THIS SITE;
  9. FAILURE ON THE PART OF THE SITE OWNER TO TAKE CORRECTIVE MEASURES.

YOUR SOLE RECOURSE SHALL BE TO CEASE USING AND ACCESSING THIS WEBSITE.

THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY WHETHER THE CLAIMS, LOSSES, COSTS OR DAMAGES ARE BASED ON A CONTRACT (INCLUDING THE BREACH OF AN ESSENTIAL CONDITION OF A CONTRACT), A TORT OR ANY OTHER THEORY OF LIABILITY, AND THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, LOSSES, COSTS OR DAMAGES.

NOTWITHSTANDING THE FOREGOING, THE OVERALL LIABILITY OF THE SITE OWNER, ITS PARTNERS, SUPPLIERS AND/OR AGENTS ARISING FROM ANY CAUSE OF ACTION (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, GROSS FAULT, OR OTHER CAUSE OF ACTION) SHALL IN NO CASE EXCEED THE AMOUNT YOU HAVE PAID UNDER THIS CONTRACT FOR THE PARTICULAR PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

SOME PROVINCES PROHIBIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS IN CONSUMER TRANSACTIONS AND/OR THE EXCLUSION OR LIMITATION OF MORAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR BODILY INJURY. AS A RESULT, THE ABOVE DISCLAIMERS MAY NOT APPLY IN YOUR CASE.

7. Intellectual Property

COPYRIGHT

The elements appearing on this website (the “Content”), such as texts, RSS feeds, images, illustrations, photographs, software, audio clips and video clips, including the manner in which the Content is displayed, are protected under the Copyright Act and other applicable intellectual property legislation and are owned by the Site Owner or are provided by the latter under licence. The Site Owner makes no representation and offers no warranty that these elements do not infringe the rights of another person or entity. You should note that these elements are protected under the Copyright Act in Canada and in other jurisdictions as well as under applicable international agreements.

The Site Owner is the copyright holder for the contents published in the JuriBistroTM TOPO tool and in the Historical Index of Private Sector Notices section.

The Site Owner holds the copyright on the printed edition as well as the electronic edition of the “Index to Canadian Legal Periodical Literature” for the years from 1961 to today.

Through a non-exclusive and non-assignable publication and reproduction license, the Site Owner holds the copyright on:
  • « Développements récents »;
  • « La Collection de Droit »;
  • « Congrès du Barreau – Speakers’s Texts »;
  • « La Revue du Barreau »;
  • each of the books included in Wilson & Lafleur’s electronic collection;
  • « Le Dictionnaire de droit québécois et canadien »;
  • « Les Publications des cabinets ».

Through a non-exclusive and non-transferable license, the Site Owner holds the rights to reproduce and communicate to the public by telecommunication the French and English versions of statutes included in JuriBistroTM eLOIS.

The Site Owner makes every reasonable effort to locate copyright owners and ensures that it respects the intellectual property rights associated with the Content of the website. If you believe you hold the copyright in a document published on this website and you object to its continued online offering, please contact us at commentaires@caij.qc.ca to notify us thereof. We will examine your request and take the measures required in the circumstances.

REPRODUCTION

The Site Owner grants you a non-exclusive and non-transferable licence to use and view the website and/or the functions on your computer or other electronic device solely for purposes of display on a single workstation screen and to make a single electronic backup copy or paper copy for personal and non-commercial use, provided you do not modify the Content, you keep the copyright notices and you respect all intellectual property rights.

Any other use or reproduction of the Content, in any form whatsoever, including downloading, publication or reproduction on another website, the addition of a hyperlink towards the Content, dissemination over the Internet or use for public or commercial purposes, any modification, publication or distribution, in whole or in part, whether in text, graphical, audio, video or executable form, is prohibited unless you have obtained the prior written authorization of the Site Owner.

To obtain such authorization, please send a written application to commentaires@caij.qc.ca. The application must include the following information:
  • full contact information of the applicant (last name, first name, organization, address, telephone and email);
  • full references for the texts, RSS feeds, images, illustrations, photographs, software, audio clips and video clips contemplated in the application; and
  • description of the purpose for using or reproducing the Content.

The trademarks, official marks, logos and service marks appearing on this website, whether or not registered, including, without limitation, the mark JuriBistroTM (collectively referred to as the “Marks”) are Marks belonging to the Site Owner or to third parties having granted a licence to the Site Owner. The Marks may not be used or reproduced without the written authorization of their respective owner. Nothing on this website may be interpreted as conferring on you the right to use or copy the Marks.

All rights not expressly granted in this document are reserved.

The Site Owner shall enforce its intellectual property rights to the extent permitted by the applicable law.

This section forms an integral part of the Terms of Use of this website.

8. Liability Regarding Your Computer System

You remain responsible for any damage caused to your computer system as a result of (i) the connection, configuration or compatibility of the various components of the system, (ii) the use of any material originating from any website, (iii) access to any website, or (iv) downloading data, software or viruses. The Site Owner assumes no liability whatsoever for illegal access to your computer system by hackers, or for the quality, reliability compatibility or speed of services rendered by an Internet service provider.

9. Links to External Sites

This website contains hyperlinks that enable users to visit sites operated by other organizations ("external sites"). These links are provided solely for the convenience of users. The Site Owner has neither verified nor explicitly or implicitly approved these external sites, nor the information or elements accessible via these links, nor their accessibility, and it assumes no liability with regard to these external sites, the information or elements they display, or the products or services offered therein.

The JuriBistroTM UNIK tool displays content from CanLII External link. Users of JuriBistroTM UNIK are therefore advised to refer to CanLII's terms of use.

10. Damage to Others

You agree not to introduce onto this website or from it any information or elements that could harm others, and, among other things, not to incorporate into the elements or information, knowingly or otherwise, errors or defects that could constitute, in particular, defamation, obscenities or incitement to hatred, or otherwise lead to a criminal infraction or incur civil liability on the part of a person or entity.

11. Termination

Any suspected fraudulent, abusive or illegal activity may constitute grounds for termination of your access, and the appropriate authorities responsible for upholding the law may be notified of such activity. The terms and conditions of this Contract regarding exclusion of liability, limitation of liability, ownership, termination and interpretation of same shall survive the termination or expiry of this Contract.

If you do not accept the terms of this Contract or subsequent modifications thereto, or if you become dissatisfied with the website for any reason, your sole recourse is to immediately take the following measures: (a) cease to use the website; and (b) notify the Site Owner that you wish to terminate this Contract.

12. Modification of the Website


The Site Owner can modify or delete the website at its discretion, including all features found therein, at any time, with or without prior notice. The Site Owner shall not be liable to you or any other party should it exercise this right. Modifications may include, without limitation, changes to the content and/or fees for Services.

13. Applicable Laws and Courts

This Contract as well as all related transactions shall be governed by the laws of the province of Québec as well as those of Canada applicable in this province, and they shall be dealt with in all respects as a Contract made in Québec, without regard to the principles governing the conflict of laws. The parties hereto accept the exclusive jurisdiction of the courts of the province of Québec.

14. Confirmation of Contract and Request to Print

A contract between you and the Site Owner regarding use of the Services shall come into effect when you access our website and use our Services. You agree that this Contract in electronic format is equivalent to an original contract drafted on paper between the parties. Please print a copy so you can refer to it as needed.

15. Reminder Regarding Privacy

The Site Owner respects your privacy. To view our Privacy Policy, particularly with regard to the collection, use and disclosure of your personal information, click on the Privacy Policy link or call 1 866 878-2049.

Updated: March 8, 2012.