Licence Agreement and Terms of Service, Privacy Policy, and Refund Policy

Licence Agreement and Terms of Service

This Licence Agreement is entered into between the Subscriber and rangefindr. “Subscriber” includes any person who subscribes to rangefindr, any person authorized by another Subscriber to use rangefindr (subject to the conditions below), and any related person who accesses and uses rangefindr. “rangefindr” includes the owner and the operator of the rangefindr website, its employees and officers, its assignees and agents, and where applicable its suppliers and licensors.

Agreement

This agreement (including all future additions and amendments) is the entire agreement between the parties and replaces all prior understandings and agreements. rangefindr may amend this agreement by posting the amendments to its website. Any other amendment must be in writing and signed by both rangefindr and the Subscriber. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website, its program(s), and its data, and all disputes, claims, or other matters arising from or relating to use of the website will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement. The proper venue for any disputes arising out of or relating to any of the same will be courts situated in the City of Toronto, Province of Ontario and the Subscriber submits to the jurisdiction of such courts. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, or a failure to enforce a right under this agreement, will not waive such term or condition or any subsequent breach thereof. The Subscriber may not assign rights under this agreement to any party; rangefindr may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. The parties confirm that it is their wish that this agreement, as well as any other documents relating to this agreement, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

No Legal Advice or Solicitor-Client Relationship

rangefindr does not provide legal advice. No communication from rangefindr or use of rangefindr’s website, its program(s), or its data constitutes legal advice. rangefindr is incapable of entering a solicitor-client relationship with any person or entity, and no act or communication by either rangefindr or the Subscriber creates such a relationship.

Subscriber’s Warranties

The Subscriber represents and warrants all of the following:

a) any use of the website, its program(s), or its data will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;

b) any content submitted by the Subscriber does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content; is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content; and is not pornographic, does not contain threats or incite violence toward individuals or entities, and does not violate the privacy or publicity rights of any third party;

c) the Subscriber’s use of the website, its program(s), and its data will be in strict accordance with the Privacy Policy, with this agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in the Subscriber’s country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada or the country in which the Subscriber resides);

d) the Subscriber has the authority to authorize the release to rangefindr of any Subscriber and user information disclosed to rangefindr.

Release of Information

The Subscriber authorizes the release to rangefindr of all information provided to rangefindr, and agrees that this authorization includes any permission required under any applicable information or privacy legislation anywhere in Canada. rangefindr will use such information only in accordance with the Privacy Policy.

Intellectual Property

This agreement does not transfer from rangefindr to the Subscriber any rangefindr or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with rangefindr or the originating third party. All trademarks, service marks, graphics, logos, copyright, patents, rights to trade secrets, or other intellectual property used in connection with the website remain the intellectual property of rangefindr or the originating third party. Subscriber’s use of the website grants the Subscriber no right or license to reproduce or otherwise use any rangefindr or third-party intellectual property.

Licence

rangefindr grants the Subscriber a non-exclusive, non-transferable, limited licence to access rangefindr’s website and to use the program(s) thereon, subject to the terms below. Access to the website is for the sole purpose of conducting research. The Subscriber is licenced to use the website only in the regular course of research and related work and study. The website may change from time to time and access may be restricted.

The Subscriber acknowledges that the Subscriber’s rights do not extend beyond the limited licence expressly granted herein. The Subscriber is permitted to do only the following:

a) use the program(s) on the website to search, view, and manipulate data as permitted by the program(s);

b) download and temporarily store insubstantial portions of data to a storage device within the Subscriber’s exclusive control; and

c) subject to the conditions below and where permitted by the program(s) on the website, to contribute data or other content.

Activities Excluded from Licence

This agreement does not permit the Subscriber to do anything that is not listed in the section immediately above. Without limiting the generality of the foregoing, the licence does not permit any of the following, and in addition to the limitations of the licence, the Subscriber also undertakes not to do any of the following without the written permission of rangefindr:

a) copy all or part of the website’s data, except for insubstantial portions of its data, onto a computer or other device;

b) use all or any part of the website, its program(s), or its data in any service that involves the retrieval of data from the website and its provisions to others;

c) share, loan, publish, sell, lease, rent, licence, sub-licence, transfer, market, distribute, redistribute, or otherwise part with all or part of the website, its program(s), or its data in any manner or in any form;

d) copy, modify, alter, disassemble, de-compile, translate, or convert into human readable form, or reverse engineer, all or any part of the website, its program(s), or its data;

e) use all or part of the website, its program(s), or its data to develop any derivative works other than court documents and other official documents on behalf of a specific represented party, or any functionally compatible or competitive software, or to perform market research;

f) circumvent, disable, or otherwise avoid any security feature or limitation of the website, its program(s), or its data;

g) contribute data or other content that is not wholly owned by the Subscriber, or that is otherwise encumbered by any agreement, licence, employment, contract, or other circumstance;

h) incorporate data from rangefindr into another website or service;

i) use the website, its program(s), or its data via automated mechanisms;

j) engage in bulk downloading of data, whether automated or manual;

k) engage in the downloading of all of a particular class or type of data;

l) store the data in an archival database.

Assignment of Intellectual Property

If the Subscriber contributes content to rangefindr, either via the program(s) on the website or otherwise, the Subscriber agrees that the content is not encumbered by any agreement, licence, employment, contract, or other circumstance that would compromise the assignment of the interests in this section to rangefindr. The Subscriber permanently and irrevocably assigns to rangefindr all rights to copyright, patents, trade secrets, industrial designs, and any other proprietary interest in any data or other content contributed to rangefindr. The Subscriber also waives all moral right in any contributed content.

Passwords

If the Subscriber’s password is lost or stolen, the Subscriber will immediately notify rangefindr. The Subscriber shall be responsible for all charges incurred prior to its cancellation by rangefindr. rangefindr reserves the right to change passwords at any time.

The Subscriber agrees not to share or loan any passwords without the written permission of rangefindr.

Termination

rangefindr may immediately terminate this agreement by revoking all passwords if the Subscriber breaches or permits any breach of any provision of this agreement. The Subscriber may terminate this agreement immediately upon giving written notice to rangefindr, or by cancelling the Subscriber’s account via the website.

The Subscriber agrees to all of the following upon termination of this agreement:

a) the entirety of this agreement continues to apply between rangefindr and the Subscriber following the termination, except that the licence described above is immediately revoked;

b) all Subscriber’s rights immediately cease;

c) the Subscriber shall erase any data or other material improperly copied from the website.

No Warranties

rangefindr provides services and content “as is.” rangefindr disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, performance, fitness for a particular purpose, and non-infringement.

Without limiting the generality of the foregoing, rangefindr does not warrant any of the following about the website, its program(s), or its data:

a) that access will be available at any time, or that access will be uninterrupted, or that access will be available for any proportion of time;

b) that they are accurate, complete, current, or comprehensive;

c) that they are free from libellous content or content that is an invasion of privacy;

d) that they are free from viruses or other harmful software.

Links to Other Websites

The website may contains links to websites that are operated by third parties. The Subscriber agrees that rangefindr has no control over or responsibility for those websites or their contents.

Limitation of Liability

In no event will rangefindr be liable for any loss or injury for negligent acts or omissions. Without limiting the generality of the foregoing, rangefindr will not be liable for any loss or injury with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any indirect, special, incidental, punitive, or consequential damages or damages for economic loss or lost revenue or profits or failure to realize expected profits or savings; (ii) the cost of procurement or substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by the Subscriber to rangefindr under this agreement during the month period prior to the cause of action.

In no event will rangefindr be liable for any claims relating to the quality or timeliness of Subscriber’s work relating to the use of the website, its program(s), and its data.

The Subscriber acknowledges the website, its contents, and its data were not necessarily created by a person licensed to practise law. The Subscriber acknowledges the certainty of some errors in, and loss of accessibility to, the website, its program(s), and its data, as well as the likelihood of some loss of data and damage to media.

rangefindr shall have no liability for any failure or delay due to matters beyond its reasonable control, such as acts of God, acts of any government or governmental authority, war or other hostility, terrorism, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labour dispute, inability to obtain necessary supplies, or the failure of any computer system or software.

This section applies to the extent permitted by law.

Indemnification

The Subscriber agrees to indemnify and hold harmless rangefindr and its directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of the Subscriber’s use of the website, its program(s), or its data, including but not limited to the Subscriber’s violation of this agreement.

Notices

All notices to rangefindr must be in writing (including e-mail) to rangefindr via the website, or to the postal address posted on the website.

Notices to the Subscriber will be sent to the most recent postal or e-mail address in rangefindr’s records, or posted to the Subscriber’s account online.

Privacy Policy

rangefindr collects both personal and non-personal information about Subscribers. rangefindr avoids collecting and storing personal information about Subscribers to the extent possible. Where any information is received or stored by rangefindr, it is treated in accordance with all governing legislation on privacy protection.

rangefindr obtains Subscribers’ consent for the collection, use, and disclosure of personal information by their provision of that information to rangefindr.

rangefindr does not gather personal information on Subscribers other than that which is necessary to identify users, enable access, collect payment, provide technical or customer support, and improve service. When a user contacts rangefindr, personal information may be conveyed at the Subscriber’s discretion. rangefindr considers such information to be confidential.

rangefindr stores personal information such as Subscribers’ names and contact information for the purposes of identifying users, enabling access, collecting payment, providing technical or customer support, and improving service. Personal information is kept in closed databases and is never disclosed to third parties, unless such disclosure is required by law or needed to prevent misuse or unauthorized use of services offered by rangefindr. rangefindr never stores or discloses Subscribers’ credit card, debit card, bank account, or other financial information.

rangefindr gathers non-personal information on the use of its services for the purposes of keeping statistics on use, ensuring smooth operation of its services, and improving its user experience. Examples of the data rangefindr may collect and analyze include Internet Protocol (IP) addresses, computer connection information such as browser type and version, operating system and platform, the full Uniform Resource Locators (URL) clickstream to, through, and from the website (including date and time), related preferences, and any terms searched for. Such non-personal information may be used for marketing or usability research, and may be disclosed to third parties.

The use of features by Subscribers may require the provision of personal information to rangefindr and the storage and use of that information by rangefindr. For example, where the Subscriber chooses to subscribe to a newsletter, the Subscriber may provide an e-mail address or information about the Subscriber’s law practice. The Subscriber may choose not to provide this information, but this may mean that the Subscriber cannot use the feature.

rangefindr may process and store personal information in a database in the United States of America or in another jurisdiction. This information will also be subject to the laws of those jurisdictions, which may not provide the same level of protection as Canadian law.

rangefindr may store a small amount of data on a Subscriber’s computer for the purpose of identifying the Subscriber.

Subscribers may request access and corrections to personal information, and may make corrections via the website.

Refund Policy

Where an account is cancelled, rangefindr will refund any payment made in advance for billing periods that commence after the current period. No refunds are given for the current billing period.