Terms & Conditions

Agreement to Terms of Use

Dale & Lessmann LLP (“Dale & Lessmann”) maintains a website located at www.dalelessmann.com (the “Site”). The Site provides information, articles, blog posts, publications, data, images, graphics, and other materials (the “Content”) to the general public. 

Access to and use of the Site is provided subject to compliance with the following terms and conditions (“Terms of Use”). Your access to and use of the Site and its Content constitutes your acceptance of, and is conditional upon your acceptance of and compliance with, the following Terms of Use. Your access to and use of the Site also constitutes your agreement to be bound by the Terms of Use.

If you do not agree with these Terms of Use, please do not access or use the Site. Dale & Lessmann may change or revise these Terms of Use at any time without notice to you. It is your responsibility to check for such changes or revisions, which may be posted from time to time. Your use of the Site after such revisions or changes will signify your acceptance of all revised terms. 

Not Legal Advice

The Content on the Dale & Lessmann Site does not constitute legal advice, and it should not be relied upon as such. It is not intended to and does not provide legal or other professional advice or opinions of any kind. It is for general information purposes only and should not be used in a commercial or professional manner. The Content does not necessary represent the opinions of Dale & Lessmann or its clients. 

The Content should not be relied on to act, or refrain from acting, based solely on the information or materials provided on the Site without first seeking professional and appropriate legal advice. You may not rely on the content posted by members of Dale & Lessmann outside the Site as legal advice. Do not disregard or delay in seeking legal advice because of the Content or anything you have accessed on the Site. The Content is provided for your convenience only. 

The Content it is only current as of the original publication date and should not be relied upon as being accurate, timely, complete, or appropriate for any particular purpose. Your use of the Site and its Contents is entirely at your own risk. If you require legal advice, you should retain competent legal counsel to advise you. 

No Lawyer-Client Relationship

No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using the Dale & Lessmann Site or by communicating with a Dale & Lessmann lawyer, agent, member, or employee by way of e-mail, through the Site, or via firm voicemail.Although the use of the Site may facilitate access to or communications with members of Dale & Lessmann by email, voicemail, or otherwise, receipt of any such communication by any Dale & Lessmann lawyer, agent, member, or employee does not create a lawyer-client relationship.

A lawyer-client relationship will only arise between you and Dale & Lessmann if we have specifically agreed to act for you in writing by way of a signed retainer. You should not provide us with any confidential information or materials, or information or materials that someone else would reasonably consider to be confidential, until we have specifically agreed to represent you in writing by way of a signed retainer. 

Communications Not Confidential

Unsolicited information and material may not be treated as confidential and will not be protected by any solicitor-client privilege. Dale & Lessmann cannot guarantee the security or privacy of any communication, in any form or format, made through the Site. In matters where Dale & Lessmann does represent you, you should be aware that email is not a full-proof or 100% secure medium for communication.

Please also note that any information sent or received over the Internet is generally not secure and may not be encrypted. Dale & Lessmann does not assume any responsibility or risk whatsoever for your use of the Internet.

Third Party Sites and Links

Third Party Linking. The Dale & Lessmann Site and Content have been designed as a resource to provide information on matters that may be of interest to the general public and to potential clients. As such, the Site and Content may contain links to third-party websites. Any links or reference on the Site to any product or service by trade name, trademark, hypertext link, or otherwise are provided solely as a convenience to you and are not an endorsement or recommendation by Dale & Lessmann as to the contents of such third-party websites. Dale & Lessmann does not guarantee, or make any representation, condition, or warranty (express or implied) about, the quality, accuracy, reliability, completeness, currency, timeliness, security, non-infringement, merchantability or fitness for any use or purpose of any content of such third-party websites. Dale & Lessmann is not responsible for and does not control the content in any linked third-party website. Your use of any linked websites is entirely at your own risk.

Linking to the Dale & Lessmann Site – Dale & Lessmann appreciates and acknowledges links to the Dale & Lessmann Site. You may link directly to the homepage of the Site at www.dalelessmann.com, or to the biography of one of the firm’s lawyers or other professionals. Any other link to the Site, and any linking directly to the other pages within the Site or framing of content on the Site, is strictly prohibited without the prior written consent of Dale & Lessmann.

Disclaimer and Limitation of Liability

Although Dale & Lessmann has made reasonable efforts to ensure the Content contained on the Site is accurate, the Site and its Content are provided “as is” and “as available” without any representation, warranty, or condition of any kind, whether express or implied. Use of the Site or the Content is at your own risk. Dale & Lessmann does not make any representations, warranties, or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the Site or the Content. Dale & Lessmann does not assume any responsibility for any errors, omissions, or inaccuracies in the Site or the Content. 

To the fullest extent permitted by law, Dale & Lessmann expressly disclaims all warranties, representations, and conditions of any kind with respect to the Site and the Content whether express, implied, or collateral, including without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, security, accuracy, reliability, accessibility, title, or quiet enjoyment, or that the site or the Content are or will be error-free or will operate without interruption. Dale & Lessmann makes no guarantees, representations, warranties, or conditions that the Site will be free from viruses, malware, worms, or other harmful components. You acknowledge and agree that you are using the Site and the Content entirely at your own risk and liability. 

Subject to applicable law, in no event shall Dale & Lessmann or its partners, agents, employees, consultants, or licensors (“Dale & Lessmann Released Parties”) be liable, whether based on warranty, contract (including fundamental breach), tort (including negligence), strict liability or any other legal theory, for any damages of any kind whatsoever including, without limitation, any direct, indirect, incidental, consequential, special, exemplary, or punitive damages. This includes, without limitation, any loss or damages in the nature of or relating to lost business, harm to business, lost profits, lost savings, loss of use, loss of programs or data, interruption of activities, personal injury, fines, fees, penalties, or other liabilities or pecuniary or economic loss, resulting from the use of, misuse of, reliance upon, or the inability to make use of, the Site or the Content. The forgoing limitation shall apply whether or not Dale & Lessmann is advised, knew, or ought to have known of the possibility of such damages or if such damages are reasonably foreseeable.

Release and Indemnity

You hereby agree to release each of the Dale & Lessmann Released Parties from, and in no event shall any or all of the Dale & Lessmann Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Site (including any breach by you thereof), the Content or otherwise relating to these Terms of Use. You further agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Site. 

You further agree and will indemnify and hold each of the Dale & Lessmann Released Parties harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Site, the Content or otherwise relating to these Terms of Use (including any breach by you thereof). You will also indemnify and hold the Dale & Lessmann Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Site.

Governing Law and Jurisdiction

The laws of the Province of Ontario and the laws of Canada applicable therein, excluding any conflicts of laws principles, shall govern your access to and use of the Site and its Content and the interpretation, validity, and effect of these Terms of Use, notwithstanding your domicile, residency or physical location. You agree and hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Site and its Content, and these Terms of Use, including any action or proceeding related to same. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.

Termination

Dale & Lessmann may, in its sole discretion, cancel or terminate your right to use the Site, or any part of the Site, including the Content, at any time without notice. In the event that your right to use the Site is terminated, you are no longer authorized to access the Site or the part of the Site affected by such termination. Notwithstanding any changes to the Terms of Use, any restrictions imposed on you with respect to either the Content or the Site as set out in these Terms if Use shall survive. Dale & Lessmann shall not be liable to any party for such termination.

General

Except for any agreement in respect of Content or any supplemental terms as may be unavailable on the Site, these Terms of Use, including any documents referenced herein, constitute the entire agreement between you and Dale & Lessmann pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Dale & Lessmann with respect to the Site. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, administrative, or any other proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

Failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provisions or right, and no delay or omission by Dale & Lessmann in exercising its rights or remedies will impair or be construed as a waiver of Dale & Lessmann’s right to such rights or remedies at any time, and any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Unless a waiver is in writing and signed by an authorized agent of Dale & Lessmann, Dale & Lessmann will not be considered to have waived any of its rights or remedies described in these Terms of Use. The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect. If any term or provision contained in these Terms of Use is held by a court of competent jurisdiction to be void, invalid, or otherwise unenforceable, said term or provision shall be severed, and such determination shall not affect the remaining provisions contained herein which shall remain in full force and effect.

Copyright and Trade-Mark Notices.

© Dale & Lessmann LLP. All rights reserved. The copyright in the Site and all materials contained herein, is owned or licensed by Dale & Lessmann and no part of the Site or Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted, or circulated in any form without the prior written permission of Dale & Lessmann. 

All Content, including but not limited to designs, text, graphics, software, artwork, illustrations, videos, music, sounds, photos, names, words, titles, phrases, trademarks, logos, and other marks displayed on the Site or in the Content are owned by Dale & Lessmann and its licensors, or the party accredited as the provider of the Content, and are protected by copyright, trademark, and other intellectual property laws and treaty provisions.