Terms of Use

CourtCanada Ltd. ('CourtCanada') provides services to its registered users and other web site visitors (the 'Subscribers') that allow Subscribers to access certain web-based applications, databases, information regarding ongoing litigation cases, the Court system and other services (the 'Services'). These Terms of Use are in addition to (and do not supersede) any written agreement (a 'Subscription Agreement') between the Subscriber and CourtCanada with respect to use of the CourtCanada.com web site (the 'Web Site?) and any integrated software applications including, without limitation, OSCAR, InSolve and DocEx. For greater certainty, in the event of a conflict between these Terms of Use and any Subscription Agreement, the Subscription Agreement shall govern.

1. Acceptance

Subscriber acknowledges that he or she has read these Terms of Use and that by the Subscriber's access of the Web Site and use of the Services the Subscriber agrees to be bound by the terms and conditions herein.

2. Rights Granted

Subject to these Terms of Use, Subscriber is granted a non-exclusive, non-transferable, non-assignable right to use the Services in accordance with all applicable terms and conditions.

3. Restrictions on Use of Services

(a) The Services are provided solely and exclusively for the use of the Subscriber. Subscriber shall not provide access or use of the Services to other persons or entities.

(b) Subscriber may not remarket or sublicense the Services nor in any way grant rights to the Services to any other party.

(c) Subscriber shall not save or permit any third party from saving the data or other output from the Services for the purposes of data aggregation or dissemination.

(d) Subscriber shall not alter the contents or format of the Services nor merge it with other data or reports for commercial resale.

(e) Subscriber shall not remove, alter or obscure any proprietary notices. Printouts shall include all pages.

(f) Subscriber shall not attempt to duplicate in whole or in part any CourtCanada or government database.

(g) Subscriber shall not file, or attempt to file, information that is false or misleading.

(h) Subscriber's use of the Services shall comply with all government regulations and restrictions concerning the program, database or other service being accessed or provided.

(i) Subscriber shall not post any copyrighted or trademarked materials without the express permission from the owner.

4. Subscriber Responsibilities

(a) Subscriber shall be responsible for acquiring, installing, operating and maintaining, at Subscriber's own risk and expense, computer(s), any communications facilities and communications equipment, or software required to access the Services from the Internet.

(b) Subscriber shall be responsible for protecting any user identification code ('UIC') and associated password provided by CourtCanada from unauthorized disclosure or use. Subscriber shall immediately notify CourtCanada of any unauthorized use of the UIC or other security breach relating to the Services.

(d) Subscriber shall cooperate with CourtCanada and other authorities in the investigation of suspicious or potentially illegal use of the Services.

(e) Subscriber shall pay CourtCanada's fees and government disbursement charges as posted on the CourtCanada web site (www.courtcanada.com) or as separately agreed between the parties. Subscriber shall be liable for all charges incurred from the use of its UIC and confidential password whether authorized by Subscriber or not.

(f) Subscriber is solely responsible for ensuring the accuracy and completeness of any electronic forms or other input prepared by Subscriber and submitted through the Services.

5. Charges and Fees

(a) The fees for the Services are posted on the Web Site.

(b) All invoices are due and payable when issued.

(c) Unless otherwise specifically stated, charges and fees quoted by CourtCanada do not include applicable taxes, if any, or fees payable to the government such as Court filing fees.

(d) If any function of the Services, used in accordance with the applicable instructions, fails to function through no fault of the Subscriber then CourtCanada will permit Subscriber to repeat the failed function. If Subscriber was charged for the failed function then upon receiving a written request CourtCanada shall rebate the charges made by CourtCanada to the Subscriber.

(e) If provided with notification of the charge upon the completion of an online session, Subscriber has five (5) business days to notify CourtCanada of the failure or to dispute the charge. If Subscriber is otherwise notified of the charge then Subscriber has 30 calendar days from first receiving notification of the charge to identify the error or dispute the amount.

(f) Subscriber acknowledges that unpaid fees may result in a suspension of service for the Subscriber as well as other Subscribers associated with the same account.

6. Warranties and Limitation of Liabilities

(a) CourtCanada warrants that it has the power to grant the right to use the Services.

(b) CourtCanada shall have no liability for inaccuracies, errors or omissions with respect to information provided through the Services regardless of the source or cause of such error or omission.

(c) If the Services malfunction or fail to operate properly including but not limited to the production of inadequate results, interruption of access or other delay, then Subscriber's exclusive remedy shall be the resubmission of the failed or malfunctioning transaction and should that transaction not be able to complete correctly and normally with appropriate results then Subscriber may be reimbursed for the charges incurred for the transaction.

(d) In no event will CourtCanada's cumulative liability for any claim arising out of the Subscriber's use of the Services including any claim of negligence, exceed the amounts paid by Subscriber to CourtCanada for Services delivered in the previous three (3) month period.

7. Indemnification

Subscriber agrees to indemnify and save harmless CourtCanada, its officers, directors, employees, consultants, agents and suppliers from and against all claims, demands, losses, costs, damages, actions, suits, or other proceedings by any person made, sustained, brought or prosecuted in any manner based upon or attributable to anything done or omitted to be done by Subscriber, or its officers, directors, employees, agents and contractors in connection with Subscriber's obligations under these Terms of Use.

8. Disclaimer

(a) CourtCanada shall not be liable to Subscriber or any third party, for any malfunction, interruption, failure, delay, error or omission in the communications or transmission of information from Subscriber to CourtCanada or in the filing of any data received by CourtCanada from Subscriber unless caused by the gross negligence or willful misconduct of CourtCanada.

(b) Except as expressly provided in these Terms of Use, there are no understandings, representations, warranties, covenants, conditions, promises, guarantees, or agreements, express or implied, statutory or otherwise, or arising from a course of dealing or usage of trade, relating to the Services, including but not limited to any implied warranty of merchantability or fitness or adequacy for any particular purpose or use, or of quality, productiveness, capacity, or accuracy. In no event shall CourtCanada be liable for any indirect, incidental, special, consequential or punitive damages occurring out of or in connection with the delivery, use or performance, or failure thereof, of the Services or arising from the negligence of CourtCanada, its agents, suppliers, officers, employees, directors and contractors, or from a fundamental breach, even if CourtCanada has been advised of the possibility of such damages. CourtCanada does not warrant that the Services will perform uninterrupted or error free, that any identified deficiency can or will be corrected, or that the functionality or performance of the Services will meet Subscriber's requirements. Subscriber is solely responsible for the formulation of all searches and the results obtained.

9. Termination/Revocation of Rights

(a) CourtCanada may terminate the Subscriber's rights to use the Services, effective immediately:

i. If Subscriber commits any default or breach of Article 3 (Restrictions on Use of Services); or

ii. If Subscriber fails to pay any monies due on the due date or neglects or fails to perform or observe any other provision of the Agreement, which is not cured within thirty (30) calendar days following written notice from CourtCanada; or

iii. If Subscriber becomes insolvent or voluntarily bankrupt; if an involuntary petition in bankruptcy against Subscriber is not dismissed within ninety (90) calendar days of filing; if a receiver assignee or other liquidating officer is appointed for all or substantially all of Subscriber's business; if Subscriber makes an assignment for the benefit of creditors; or, if Subscriber ceases to carry on business in the normal course.

Upon termination Subscriber shall remit all monies owing to CourtCanada and shall cease using the UIC and password provided to it by CourtCanada. CourtCanada shall disable the UIC and password of Subscriber to prevent further use.

10. Use of Information and Documents

Documents and information uploaded through the Services will generally be publicly available on the CourtCanada.com web site. Subscriber acknowledges and agrees that the Subscriber is responsible for the information, documents, messages, comments, photos, videos, graphics, sounds and other content or material that Subscriber submits, uploads, posts or otherwise makes available on the Web Site and/or through the Services (each a "Submission"), and that Subscriber, and not CourtCanada, has full responsibility for each such Submission made, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the CourtCanada Privacy Policy, the Subscriber agrees that any Submission is provided on a non-proprietary and non-confidential basis and agrees that CourtCanada is free to use such Submission for the purpose of providing Subscriber with the Services and Subscriber grants to CourtCanada a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, sell, lease, transfer, modify and prepare derivative works of the Submission (which term includes any part thereof).

Subscriber further agrees that Subscriber will not upload, post or otherwise make available on this Web Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on the Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that made by the Subscriber.

Subscriber represents and warrant that: (i) Subscriber owns all Submissions posted by Subscriber on this Web Site or through the Services or otherwise has the right to grant the licenses to CourtCanada set forth in this section, and (ii) the posting of Submissions on the Web Site or through the Services does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. Subscriber agrees to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by Subscriber to the Web Site or through the Services.

These prohibitions do not require CourtCanada to monitor, police or remove any Submissions or other information submitted by Subscriber or any other user.

11. General

(a) Jurisdiction - These Terms of Use shall be governed by and construed in accordance with the laws in force in the province of Ontario, Canada and the federal law of Canada applicable in Ontario. Subscriber agrees to commence any action relating to or arising from these Terms of Use in the courts of the Province of Ontario.

(b) Severability - Any provision of these Terms of Use which is invalid or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and shall be severed from the balance of these Terms of Use without invalidating or affecting the remaining provisions of these Terms of Use in that or any other jurisdiction, which remaining provisions shall remain in full force and effect.

(c) Waiver - No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and be signed by the party to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

(d) Action - No action, regardless of form, arising out of or pertaining to the Services may be brought by Subscriber more than two (2) years after the cause of action, its discovery by Subscriber or such time as it should have reasonably been discovered by Subscriber.

(e) Electronic Agreement - The use of Subscriber's UIC and password shall be equivalent to Subscriber's written signature and is equally binding.

(f) French Language - Subscriber and CourtCanada Ltd. confirm their express wish that these Terms of Use and all documents relating thereto be drawn up in English only, but without prejudice to any such documents or instruments which may from time to time be drawn up in French only or in both French and English. Subscriber et CourtCanada Ltd. confirment leur souhait exprès que ces modalités d'utilisation et tous documents se reliant au-dessus soient élaborés en anglais seulement, mais sans préjudice au documents ou instruments qui peuvent de temps en temps être élaborés en français seulement ou a la fois en français et en l'anglais.

(g) Survival - Any terms which by their nature are intended to survive the termination of these Terms of Use shall continue in full force and effect after termination, which terms shall include, but not be limited to Article 3 (Restrictions on Use of Services), Article 6 (Limitation of Liabilities), Article 7 (Indemnification) and Article 8 (Disclaimer).

(h) Information Shared with Third Parties - Please note that delivery of certain CourtCanada services require that information (including personal information) and documents be shared with third parties including, in particular, Cyberbahn - a Thomson Reuters business.

(i) Changes - CourtCanada may from time to time, and in its sole discretion or if required as a result of a government directive, change the content, format or functionality of the Services. These Terms of Use may also be changed from time to time upon reasonable notice to Subscriber. The current version of these Terms of Use will be available on the www.courtcanada.com web site. Notice of changes to these Terms of Use will be posted on the web site and continued use of the Services is considered acceptance of the amended Agreement.