Site Use Contract
General Disclaimer | Legal, Business Advice Not Provided
Persons that use 2050 Knowledge Corp. service products do not have service contracts with legal and business professionals or our other contributors and are not protected by statutes that govern legal or business professionals.
1. The Site and Parties
1.1. The “Site” is that found at www.2050knowledge.com including areas of the Site that are restricted to authorized persons only and sites linked to the Site and also operated by the Site Operator. The Site does not include third party sites.
1.2. The Parties to this Contract are the Site Operator, 2050 Knowledge Corporation carrying on business at Vancouver, British Columbia, Canada and the Site User (the “User”) accessing or using the Site.
2. Legal and Business Services, Not Practice of Law, Restricted Products
2.1. 2050 Knowledge Corporation provides service products noted and described on the Site. If the Site Operator and User enter into a commercial contract facilitated by the Site that contract will be subsequent to and separate from this Site Use Contract.
2.2. Legal services that constitute the practice of law, as defined in Canadian law, or incidental services are the only services covered under legal profession liability insurance programs. These services are not directly provided on or through this site. If training, information or related service products are offered on or through this Site by lawyers registered with their respective law societies as practising lawyers those service products will not be provided as “legal services” that constitute the practice of law unless the lawyer involved specifically states to a client and the client agrees that they will constitute legal services under legal service contracts to which that lawyer and the client are the only parties and not 2050 Knowledge Corporation.
2.3. Any lawyer or law firm that offers non-legal services on or through this site or that makes contact with clients through this site that may enter into legal service contracts with that lawyer or law firm may only be licensed to practice law in specific provinces or states and Site Users must consider that and access the individual lawyer’s or law firm’s profiles on their respective websites.
2.4. The Site User will not rely or act on the legal, business or other information provided on this Site in general or restricted areas and if they do the Site Operators are not responsible for the Site User’s action unless they enter a legal service contract with and receive legal advice and services from a specific lawyer or law firm.The Site User will seek advice from persons familiar with their circumstances and competent and licensed to provide that advice to the User.
2.5. The Site Operators do not represent anyone that is in a state, province or other legal jurisdiction where the Site is not compliant with applicable laws and where the Site Operators are not licensed to operate and provide products and services. Information on the Site is: not an advertisement or solicitation; not a source of legal or other advice; not an invitation to purchase or an offering of any specific services, legal services or a solicitor client relationship.
2.6. The products in the general or restricted site areas do not constitute legal or other advice from the Site Operators and this Contract is not an invitation to the User or any person to purchase or an offering of any specific product, service or solicitor client or other relationship that will not exist or be offered unless the Parties enter into other transactions for specific uses and purposes. The User will not rely on the Site and its products and seek advice from persons that are competent and licensed to meet their specific needs.
2.7. The Site Operators will make all reasonable efforts to ensure the products meet current business, legal and compliance requirements in Canada and other legal jurisdictions, but they make no claims, promises, representations or warranties that the products are current, complete or adequate for any particular purpose or use in any jurisdiction and are not liable or responsible to the User or any person for any harm, loss or damage that may arise in connection with the use of the Products including, without limitation, any direct, indirect, special, third party, or consequential damages resulting from any technical failure or other error or omission. The User will bear all risks associated with Product use.
2.8 If the Site Operators offer restricted areas on the Site and restricted products within those areas that can only be accessed by authorized persons then whether there is a charge for the restricted access or not the offering of the restricted areas and products by the Site Operators and the payment for or accessing of the restricted site areas and products by the User will constitute a subsequent and separate contract between the Site Operators and the User.
3. Products, Materials, Content, Information, Charges
3.1. Except as otherwise agreed or through subsequent and separate transaction contracts between the Parties, the products, materials, content and information made available to the User by the Site Operators on the Site do not constitute any form of legal, business or management advice for which the Site Operators take any form of responsibility and they are made available and provided free.
3.2. Unless otherwise described, the information on the Site is: not an advertisement or solicitation; not a source of legal or other advice; not an invitation to purchase or an offering of any specific services, legal services or a solicitor client relationship.
3.3. The Site User will contact third parties or the Site Operators and enter into subsequent and separate commercial transactions if they require legal, business or management advice or related products that are targeted at and suited for specific facts, needs, circumstances, issues and laws and that can help resolve specific issues or problems.
3.4. The User will evaluate and bear all risks associated with the use of any products, materials, content and information made available or provided by the Site Operators to the User on the Site including any risks associated with reliance on the availability, accuracy, currency, authenticity, completeness, usefulness, adequacy for particular purposes or appropriateness of Site contents.
3.5. The Site Operators provide and make available the Site as a public resource on an as is basis and make no claims, promises, guarantees, representations or warranties about the accuracy, currency, authenticity, completeness, or adequacy for particular purposes of the Site’s products, materials, content and information.
3.6 Site Users will use contract precedents and available means to address case specific facts. Site Operator responsibility extends only to services they provide and that are used in accordance with their instructions. The User understands that accessing and using available precedents online with or without the use of variable fields that address specific facts is not comparable to having dedicated legal counsel under contract to address specific needs and that Site Operator responsibility does not extend to such access and use.
3.7 Agreement Express systems provide high levels of security, but Site Operators make no promises or representations that archive requirements for specific industries are met.
3.8. The Site Operators are in no way liable or responsible to the User or any person for any harm, loss or damage that may arise in connection with the use of the Site, including, without limitation, liability or responsibility for any direct, indirect, special, third party, or consequential damages resulting from any technical failure or other error or omission.
3.9. Legal, management and other professional services for which fees are charged are only provided to persons under subsequent and separate transaction contracts and not this Site Use Contract and unless otherwise agreed and subject to commercial transaction contracts that are subsequent to and separate from this Site Use Contract, the Site Operators do not charge and the User is not required to pay fees or charges to use the Site.
4. Cancellations, Returns and Exchanges
4.1. Subject to terms agreed to when the above-noted specific transaction contracts are entered into subsequent to and separate from this Site Use Contract there will be no sale or purchase of products under this Site Use Contract and no related cancellations, returns, refunds or exchanges regarding specific products or Site contents and materials.
4.2. Notwithstanding this section, if any subsequent and separate transaction contract is entered into by the Site Operators and the User through the facility of the Site and no provision is made in that later Contract for cancellations, returns, refunds or exchanges regarding specific products then full refunds will be provided up until possession of a product is transferred or 48 hours prior to an event unless a notice is given that there are limited spaces for the event and in that instance there will be no refund provided.
4.3. Products purchased through a transaction facilitated by the Site will be subject to the cancellation, return or exchange provisions that apply to the specific purchase and that are brought to the User’s attention at the time of sale and those provisions are part of the subsequent and separate transaction contract. Any such provision will be subject to standards set by legislation that applies to the transaction.
5. Restrictions, Permitted Users and Uses, Security, Termination
5.1. Except as otherwise agreed or provided for, the Site is provided and made available to all Users without geographical, jurisdictional, demographic or other restrictions. Subsequent and separate transaction contracts may impose similar constraints for the purposes of ensuring that the Site Operators are compliant with applicable laws that restrict how or where services may be provided.
5.2. The User will use the Site for purposes that are lawful and expressly permitted by this Site Use Contract. Except where otherwise restricted, the User may download, print or view individual pages for noncommercial use only.
5.3. Users of any age may access and use the Site, but specified persons may be constrained from entering specific parts of the Site or specific transaction contracts facilitated by the Site.
5.4. Users accessing and using the Site will not be required to identify themselves if their use of the Site is confined to accessing and using information that is available to all persons, but Users that attempt to enter transaction contracts that are subject to restrictions must identify themselves and provide the personal information requested before they will be allowed to enter the transaction contract.
5.5. Where access or transaction contract restrictions exist, the User will be assigned or reassigned, at the Site Operators’ sole discretion, usernames and passwords that allow access to restricted areas of the Site or restricted transaction contracts and the User will comply with these and other security requirements and instructions provided by the Site Operators.
5.6. Subject to the authorized user provisions of this Contract, the access granted to the User under this Contract is personal to the User and non-transferable and permits only the User to access the Site.
5.7. The User will keep all username and password information confidential and will not disclose that information to any other person unless that other person is an authorized representative of the User that acts on behalf of and for the User.
5.8. The Site Operators reserve the right to monitor username and password use and to de-activate them where the Site Operators deem there has been improper use by the User of the passwords, usernames and Site. The User will be responsible for any unauthorized use or disclosure of any passwords or usernames by its authorized representatives.
5.9. The Site Operator provides no security guarantees to the User other than those provided to ensure the protection of the User’s personal information if it is provided to the Site Operators by the User or any person authorized by the User.
5.10. The Site Operator may at their sole discretion and at any time and without notice to any person: change or terminate the Site or any product offered through the Site; temporarily or permanently deny access to any User for any reason or purpose and whether or not the User has breached this Contract; stipulate that specific provisions may survive the termination; vary or suspend the provision of products in the event of a breach of this Contract by the User even if the breach is curable or where the breach only goes to part of the business transaction that is not fundamental in nature.
6. Privacy and Personal Information
7. Confidential Information and Intellectual Property
7.1 Information generally available on the Site will not be considered by the Site Operators to be confidential and information in parts of the Site where access is restricted may be confidential if it is so designated.
7.2 If Site Operators authorize the User to access, possess and use its Confidential Information that authorization will: extend only to uses associated with this Contract or attached to the specific authorization; not constitute a grant or license of rights, title or interest; and not be assignable or transferable.
7.3. The User will: as authorized, access and use the information in strict confidence and trust for their benefit or the benefit of the Site operators; not reproduce or reverse engineer the information; not use the information to employ or solicit the Site Operator’s workers or develop new products; not disclose the information to others; upon termination of this Contract, immediately return or surrender access to the information; and notify the User of any loss or unauthorized use or disclosure of the information.
7.4. The copyright, trade mark, design or other intellectual property rights in any works including text or photographic works, software, images, illustrations, the Site’s HTML code, interfaces, charts, graphics, graphs, multi-media materials, selection and organization of materials, curricula, instructional materials, content or similar materials displayed, transmitted or provided on the Site (collectively the “materials”) are owned by the Site Operators or their licensors and no ownership passes to the User.
7.5. The Site Operators grant to the User a limited, non-transferable and non-exclusive license to use this property for non-commercial use and the user may not: sell or sub-license the property; create derivative works; copy or otherwise reproduce, adapt, modify, publish, make public, transmit, distribute, publish, display, perform, translate, reverse engineer, repost, archive, decompile or disassemble the materials; remove or cause the materials to be removed from the Site; permit third parties to engage in similar prohibited activities; or in any way exploit or infringe on the User’s rights.
7.6. The User will not post or submit materials or content to the Site that: violates or infringes upon the property, publicity, privacy or other rights of third parties; is unlawful, threatening, abusive, defamatory, vulgar, obscene, profane or objectionable; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or contains advertising or solicitations. If the User posts or submits materials or content to the site, the Site Operators may at their sole discretion, refuse, move, remove, use, reproduce, display, perform, adapt, modify, edit, monitor, distribute and promote the materials or content. The User will be solely responsible for their posts or submissions.
7.7. If participants provide information to be hosted on the Site they grant the Site Operators a non-exclusive and irrevocable license to use the information for research and other reasonable and related uses. Those uses will include making the information available to other users. Provisions in this Agreement governing third party materials will apply. The Site Operators will make all final decisions about what materials are posted.
8. Third Party Sites
8.1. If the Site provides direction or links to third parties or their sites or products, the direction or links are provided for the User’s convenience only and do not constitute an endorsement, referral or approval of or representations, warranties or recommendations in favor of those parties, sites or products.
8.2. The Site Operators take no responsibility for and have no liability in relation to third parties or their sites, products or services. The Site Operators are not responsible for the content of third party sites or for any other matters relating to third party sites which are solely governed by the third party site’s terms and conditions. The User accesses third party sites at their own risk. The Site Operators have no control over third party sites.
9. General Provisions
9.1. Unless the Parties otherwise agree, this Agreement and all disputes or matters arising from it will be governed by and construed and interpreted in accordance with the applicable laws of British Columbia and Canada.
9.2. Unless the Parties otherwise agree, the exclusive venue for any actions or claims arising under or related to this Contract will be in the courts of the same jurisdiction identified and described in this section.
9.3. Except as otherwise agreed and for the purposes of this Contract, this Contract constitutes the entire agreement between the Parties and supersedes all other verbal or written agreements.
9.4. The Site Operators and User will be bound by this Contract when the Site Operators place it on the Site and the User indicates their acceptance of the Contract with any specific action of acceptance. The User’s acceptance will be deemed to exist when the User uses or continues to use the Site. The Site Operators may change the Site at any time without notice to or the approval of the User or any person. The User agrees to review the Site from time to time so they are kept informed of Site changes and they are deemed to be advised of these changes.
Copyright HKMK Law Corporation (5.16.9