No permission to reproduce, adapt or distribute this copyright material, other than that expressly stated above, is to be implied by the availability of the material or images on this site.

McMaster, McIntyre & Smyth, LLP is a trademark of McMaster, McIntyre & Smyth, LLP

Metatus is a trademark of Metatus Conveyancing Inc., a related party to McMaster, McIntyre & Smyth, LLP

Other trademarks and trade names are the property of their respective owners.

© 2004 McMaster, McIntyre & Smyth, LLP

Terms of Use

1. Restrictions on Use of Materials
This Internet site (the "Site") is owned, controlled and operated by McMaster, McIntyre & Smyth, LLP (referred to as "MMS", "we," "us," or "our" herein). All content included on this Site, such as text, graphics, logos, button icons, images, audio and video clips, and software is the property of MMS, or other parties that have licensed their materials to MMS, and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Site or any website owned, operated, licensed or controlled by MMS or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever, except that you may download or print one copy of the materials for personal, non-commercial use only, provided you maintain all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose (including use of any such material on any other website or networked computer environment) is a violation of copyright and other proprietary rights. You agree to abide by all copyright notices, information and restrictions contained in any content on the Site and any content accessed through the Site.

Certain trademarks and trade names used on this Site are the trademarks of MMS or Metatus Conveyancing Inc., a related party, as set out in our *Copyright and Trademarks Notice* above. Other trademarks or trade names mentioned herein may be the trademarks or trade names of their respective owners.

2. Disclaimer
UNLESS OTHERWISE PROVIDED, THE MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, T ERANET, ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY INFORMATION CONTAINED THEREON OR ACCESSIBLE THEREFROM AND ANY WEBSITE WITH WHICH IT IS LINKED. MMS, ITS AFFILIATES AND LICENSORS DO NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THE SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THE SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. MMS, ITS AFFILIATES AND LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AND/OR SERVICES (INCLUDING, WITHOUT LIMITATION, SERVICES FOR THE TRANSFER OF INFORMATION AND DATA) ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. YOU (AND NOT MMS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Site is controlled and operated at offices in Toronto, Ontario, Canada. MMS makes no representation that materials on the Site are appropriate or available for use in any location outside of Ontario. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with local laws, if and to the extent local laws are applicable.

3. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MMS, ITS SUBSIDIARIES OR AFFILIATED COMPANIES OR LICENSORS, OR THEIR DIRECTORS AND OFFICERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF MMS OR AN MMS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY TERANET FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE.

4. Links to Third Party Sites
The links on the Site will enable you to leave the Site and connect directly to linked sites. Such linked sites are entirely independent of the Site, and shall not be construed as any reflection on, any affiliation with, approval of or endorsement of any such site or entity, or its respective information, publications, products or services by MMS. MMS shall not be responsible for the contents of any site linked to an MMS site or for any link contained in a linked site. MMS is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the linked site by MMS.

5. Submissions We would like to hear from you regarding the products and services of MMS. Please note that if you send us suggestions, ideas, or other information (collectively, "Submissions"), unfortunately we will not be able to return the Submissions to you. Once submitted, the Submissions will become the property of MMS and MMS shall exclusively own all rights to the Submissions of every kind and nature throughout the universe, now known or hereafter existing, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. By providing the Submissions, you waive all moral rights in the Submissions.

6. Jurisdiction and Severability
You agree and acknowledge that your use of this Site shall be deemed to have occurred and taken place solely in the Province of Ontario, Canada. You further agree and acknowledge that these Terms and Conditions, and any disputes in connection with your use of this Site or its contents, will be governed by the laws of the Province of Ontario, Canada, and the laws of Canada applicable therein. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario in any and all actions, disputes, or controversies relating hereto. If any provision of these Terms and Conditions shall be found to be unlawful, void and unenforceable, then such provision shall be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions.

7. Amendments
MMS reserves the right to make changes to the Site and to modify, alter or otherwise update these Terms and Conditions at any time with or without notice. You should review this link on a regular basis for any such changes. Your continued use of the Site shall constitute your acceptance of any revisions to the Terms and Conditions.

8. Language
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.

9. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold MMS, its affiliates and related companies, and any of their respective directors, officers, employees, consultants and agents, harmless from and against all claims, liability, and expenses, including all legal fees and costs, arising out of (i) your breach of any provision of these Terms and Conditions, or (ii) your use of the Site and the contents contained on the Site.

MMS reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any action, claim or matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

10. Third Party Representations and Warranties
To the extent that you choose to deal with advertisers or participate in promotions on the Site, any terms, conditions, representations or warranties associated with your dealings are strictly between you and the advertiser. MMS and its affiliates hereby disclaim any responsibility or liability in respect of such dealings.

11. User Privacy and Security Policy
Use of this Site is subject to the terms of the MMS *Privacy Policy*, accessible at this Site, which is subject to change at our sole discretion at any time without notice. You recognize and agree that: (i) the Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Site, can be guaranteed; (ii) the nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays; (iii) the Site may include incomplete information, inaccuracies or typographical errors; (iv) MMS and any other persons involved in the management of the Site may make changes in the information and content included in the Site at any time without notice; (v) MMS shall not be responsible for any detrimental reliance you may place on the Site or its contents; and (vi) use of the Site is on an "as is" basis and is strictly at your own risk.

12. Service Descriptions
MMS and its affiliates and related parties attempt to be as accurate as possible. However, MMS does not warrant that service descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.

13. Other Businesses
Parties other than MMS and its affiliates and related parties may operate stores, provide services, or sell product lines on sites linked to by this Site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. MMS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.