Privacy Policy
STEPHENS MAH TOOGOOD PRIVACY POLICY FOR SITE VISITORS AND TERMS OF USE
Welcome and thank you for visiting our website at smtlegal.com. This website (the "Website") is owned and operated by Stephens Mah Toogood ("Stephens Mah Toogood"). Stephens Mah Toogood recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of our legal practice. We manage your personal information in accordance with Alberta’s Personal Information and Privacy Act (“PIPA”). We recognize our professional obligation to maintain the confidentiality of our clients’ information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.
NO LAWYER-CLIENT RELATIONSHIP
The presentation of information on the Website does not establish any form of lawyer-client relationship with Stephens Mah Toogood or with any of its lawyers. The information on the Website is public information and is not individualized legal advice. Readers should not rely on or take any action based upon this information; professional advice should be obtained.
Stephens Mah Toogood collects personally identifiable information from the visitors to the Website only on a voluntary basis. Personal information collected on a voluntary basis may include name, postal address, email address, company name and telephone number. This information is collected if you request information from us, sign up to join our email list or request some other service or information from us.
As part of its operation of the Website, Stephens Mah Toogood reserves the right to store information on a visitor’s computer in the form of a “cookie” or similar file for purposes of recording the individuals who visit our site and log the following information for statistical purposes: internet address, domain name, date and time of visit to the Website, pages and documents downloaded, previous website visited and type of browser used. This information is only used for statistical and website development purposes. If you visit the Website, you do so voluntarily and are deemed to consent to our collection of your personal information as specified in this paragraph.
CONTENT
All material, including, but not limited to text, images, audio, animation, video, film or other digitized data or code ("collectively, Content") available at the Website are protected by applicable copyright, trade mark, patent, trade secret laws and moral rights which are owned and controlled by us or by other parties which have licensed their material to us. Content from the Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner except to print a copy of a web page for internal or personal use only and provided that our name and copyright notices remain intact. Modification or use of Content for any purpose other than those uses for which the Website is designed, or as set out in these Terms and Conditions, is a violation of our intellectual property rights. For purposes of these Terms and Conditions, the reposting of any Content obtained from the Website to any other website or networked computer environment is prohibited without our prior written consent.
LINKED WEBSITES
Whether or not we are affiliated with websites which may be hyperlinked to the Website ("Linked Websites"), we are not responsible or liable for Content posted or available at Linked Websites. We do not screen or review websites before making links nor does it monitor Linked Websites to ensure suitability or continued suitability of the Content posted or available at such Linked Websites. Linked Websites are for your convenience only and you access them at your own risk. You will release us from all liability for any damage or loss you might suffer as a result of any Content at a Linked Website. Hyperlinks may not be created between the Website and others without our express written consent. Should we permit you to create a hyperlink to the Website, you agree not to frame the Website in such a manner as to disguise authorship, origin, attribution or intellectual property rights.
DISCLAIMER
We will use reasonable efforts to ensure the Website is always secure, and all Information on this site is up-to-date and accurate. Despite these efforts, no data transmitted over the Internet is ever 100% secure. As a result, Stephens Mah Toogood does not represent, warrant, or guarantee that personal information will be protected against loss, misuse, interception or alteration and does not accept any liability for personal information submitted to us via the Internet, nor for your or any third parties’ use or misuse of personal information. Information posted by us on the Website may also contain inaccuracies or typographical errors.
REQUESTS FOR ACCESS TO PERSONAL INFORMATION
The privacy legislation permits individuals access to records containing their personal information, subject to certain exceptions set out in the legislation. We will respond to requests in the time allowed by the legislation and we will make a reasonable effort to assist applicants to respond as accurately and completely as reasonably possible. All requests may be subject to any fees and disbursements the law permits us to charge.
REQUEST FOR CORRECTION OF PERSONAL INFORMATION
The law permits individuals to submit written requests to us to correct errors or omissions in their personal information that is in our custody or control We will:
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Correct the personal information and, if reasonable to do so, send correction notifications to any other organizations to whom we disclosed the incorrect information; or
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Decide not to correct the personal information but annotate the personal information that a correction was requested but not made.
INDEMNIFICATION
You agree to indemnify Stephens Mah Toogood, and its affiliates, together with their respective directors, officers, partners, employees, agents, licensors, and suppliers (collectively, the "Affiliates"), and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) made by a third party due to or arising out of: (i) your access or use of the Website, the Content, or any products provided by Stephens Mah Toogood; (ii) your breach of these Terms of Use; or (iii) your violation of any third party rights.
DISCLAIMER OF WARRANTY
Stephens Mah Toogood and its Affiliates do not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website.
THE WEBSITE, THE CONTENTS AND THE PRODUCTS ARE PROVIDED ON AN "AS IS", "WHERE IS", AND "WITH ALL FAULTS" BASIS, AND WITHOUT ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING.
STEPHENS MAH TOOGOOD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE CONTENT OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT WILL STEPHENS MAH TOOGOOD OR ANY OF ITS AFFILIATES, LAWYERS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSVER (INCLUDING DAMAGES FOR LOSS OF PROFITS OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE WEBSITE, THE CONTENT OR ANY PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE, EVEN IF STEPHENS MAH TOOGOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, STEPHENS MAH TOOGOOD'S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR USE OF, RELIANCE UPON, ACCESS TO THE WEBSITE, THE CONTENTS OR ANY PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE WILL BE LIMITED TO THE LESSER OF: THE PURCHASE PRICE ACTUALLY PAID BY YOU TO STEPHENS MAH TOOGOOD TO ACCESS OR USE THE WEBSITE, THE CONTENTS OR ANY SUCH PRODUCTS; OR TWENTY DOLLARS CANADIAN ($20.00 CAD).
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the aforementioned exclusions to liability are limited to the fullest extent permitted by law.
TERMINATION
In our sole discretion, we may elect to cancel or terminate your ability to use the Website, or any parts thereof, at any time without notice to you.
GENERAL
These Terms of Use, together with the Privacy Policy, is the entire agreement between you and Stephens Mah Toogood with respect to the Website, the Content and the purchase of any Products. All references in these Terms of Use, the Website or the Content to "Stephens Mah Toogood", "the firm", "we", "us", "our" and like terms should be interpreted to mean Stephens Mah Toogood. The insertion of headings herein is for convenience of reference only and shall not affect the construction or interpretation of these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under these Term of Use, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect.
CHOICE OF LAW
The Website is controlled, operated and administered by Stephens Mah Toogood from within the Province of Alberta, Canada. By accessing the Website, you acknowledge and agree that all matters relating to your access to or use of the Website is be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles). Subject to the “Arbitration” section below, you hereby submit to the non-exclusive jurisdiction of the courts of the Province of Alberta with respect to all matters relating to these Terms of Use and your access and use of the Website, the Content or the Products.
ARBITRATION
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Content, any products purchased on or through the Website, or, the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator chosen solely by Stephens Mah Toogood which arbitration hearing shall be held in Edmonton, Alberta in English and governed by the Arbitration Act (Alberta), as amended, replaced or re-enacted from time to time. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Stephens Mah Toogood and/or its Affiliates. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
AGREEING TO TERMS
If you do not agree to Stephens Mah Toogood Privacy Policy as posted here on the Website, please do not use this site or any services offered by this site. Your use of this site indicates acceptance of this privacy policy.
CONTACTING OR COMMUNICATING WITH US
If you have any questions with respect to our policies concerning the handling of your personal information, or if you wish to request access to, or correction of, your personal information under our care and control, please contact our Privacy Officer at:
Stephens Mah Toogood
Barristers & Solicitors
First Edmonton Place
750, 10665 – Jasper Avenue N.W.
Edmonton, Alberta, T5J 3S9
If you are dissatisfied with our handling of your personal information, we invite you to contact our Privacy Officer in writing, setting out the reasons for your concern. If, after our Privacy Officer has reviewed and responded to your concern, you remain dissatisfied, you may wish to contact the Privacy Commissions at:
Privacy Commissioner for Alberta
410, 9925-109 Street
Edmonton, Alberta, T5K 2J8
Telephone: (780) 422-6860
Website: http://www.oipc.ab.ca