TERMS AND CONDITIONS OF USE OF SITE (last update 2006.01.31)

Please read these Terms and Conditions carefully before using this Site.

This web site (this "Site") is provided by PubliCANADA.com, conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with PubliCANADA.com. In case of inconsistency between these Terms and Conditions and any other agreement you may have with PubliCANADA.com, the other agreement shall prevail, but only to the extent of the inconsistency.

1 . Changes to Terms and Conditions
PubliCANADA.com has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of "Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.

2 . Changes to this Site
PubliCANADA.com may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. PubliCANADA.com reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

3 . Permitted and Prohibited Uses
Subject to these Terms and Conditions, PubliCANADA.com grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of PubliCANADA.com; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from PubliCANADA.com; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. PubliCANADA.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

PubliCANADA.com reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in PubliCANADA.com' sole discretion is objectionable or in violation of these Terms and Conditions.

4 . Registration and Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify PubliCANADA.com of any unauthorized use of your registration or password.

5 . Proprietary Rights
Limited License and Copyright. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, PubliCANADA.com does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of PubliCANADA.com.

Trademarks. The Services names, company names and logos used on this Site may be trademarks, including registered trademarks of PubliCANADA.com. Such Services names, company names and logos of PubliCANADA.com may not be copied, imitated or used, in whole or in part, without the prior written consent of PubliCANADA.com. Other services and company names mentioned on this Site may be the trademarks of their respective owners.

Reservation of Rights. PubliCANADA.com' Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. PubliCANADA.com reserves all such rights.

6 . Links and Third Party Content
Certain links on this Site may take you to other web sites. PubliCANADA.com provides these links only as a convenience. These linked sites are not necessarily under the control of PubliCANADA.com. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

PubliCANADA.com is not responsible for the contents of any such linked page or any other page not under its control. PubliCANADA.com makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that PubliCANADA.com sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of PubliCANADA.com.

7 . Linking Agreement
PubliCANADA.com welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:

(a) A link may be established to the following home page (the "Home Page") of this Site: http://www.PubliCANADA.com. Links may not be established to any other pages on this Site without PubliCANADA.com' written permission.

(b) If you link to this Site, PubliCANADA.com grants you a limited, non-exclusive, non-transferable, royalty-free license to use the PubliCANADA.com trademark and Internet icons, if available, (the "Licensed Marks") solely for the purpose of serving as a link from your web site to this Site. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of PubliCANADA.com' trademarks or service marks (the "Marks") for any reason without PubliCANADA.com' prior written permission.

(c) You acknowledge that all rights to the Marks, the content appearing on the PubliCANADA.com Website pages (the "Web Pages") and the "look and feel" of the Web Pages belong to PubliCANADA.com. You will not at any time directly or indirectly contest or infringe these rights.

(d) If you link to this Site, your web site:

• may not create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
• may not imply that PubliCANADA.com is endorsing you or your products or services.
• may not imply an affiliation between your company and PubliCANADA.com without the prior written consent of PubliCANADA.com;
• may not misrepresent your relationship with PubliCANADA.com or present false or misleading impressions about PubliCANADA.com' Services; and
• may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups;

(e) PubliCANADA.com shall have no responsibility or liability for any content appearing on your web site;

(f) PubliCANADA.com may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks and your right to link to this Site, with or without cause. If PubliCANADA.com exercises this right, you will immediately remove all links to this Site and cease using the Licensed Marks;

PubliCANADA.com may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.

8 . Agreement to Privacy Policy
You agree to abide by PubliCANADA.com' Privacy Policy, which is incorporated by reference into these Terms and Conditions.

9 . Disclaimers
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. PubliCANADA.com makes no representation or warranty of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. PubliCANADA.com EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PubliCANADA.com DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.

Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a byline, identification of publication source, or any other sort of third-party identifier, including the Legal Q&A and other columns, is provided by third parties on an "As Is" basis, and PubliCANADA.com does not review it. PubliCANADA.com and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site. The Ontario Legal Q&A and the Québec Legal Q&A provide information only about the laws in force in their respective provinces and do not provide information about the laws in force in any other Canadian province nor in any other jurisdiction. It is not intended to be legal advice of any kind. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal or other professional advice.

You assume all risks associated with dealing with other users with whom you come in contact through the Site.

Because user authentication on the Internet is difficult, PubliCANADA.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release PubliCANADA.com (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

PubliCANADA.com is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. PubliCANADA.com does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.

This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that PubliCANADA.com shall have no liability whatsoever for any such third party material, data or information.

10 . Limitation of Liability
YOU AGREE THAT PubliCANADA.com AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF PubliCANADA.com, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that PubliCANADA.com' aggregate liability for damages shall be limited to $0.

The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

11 . Indemnity
You agree to defend, indemnify and hold harmless each of PubliCANADA.com, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms and Conditions.

12 . Choice of law
This Site is controlled, operated and administered by PubliCANADA.com from its offices within Canada. PubliCANADA.com makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Quebec, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Montreal or, if no jurisdiction exists, in the Province of Quebec. Each party hereby agrees to submit to the jurisdiction of the courts of Quebec and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

13 . General
(i) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between PubliCANADA.com and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (vi) No changes to these Terms and Conditions shall be made except by a revised posting on this page.

14 . Additional Terms of Use.
Certain areas of this Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.