Last Updated: 2020-06-08
Our Firm is committed to providing Visitors with a Website that respects their privacy.
Security and Confidentiality
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception, or alteration while in transit. The Firm cannot guarantee security of any communication to or from the Website. The Firm does not assume any liability for any damage You may experience or costs You may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website.
Unless We have confirmed in writing that We represent or act for You, in no event will any information You provide on or through the Website be deemed to be confidential, create any fiduciary obligations to You on Our part, or result in any liability to You on Our part. Unsolicited emails from non-clients do not establish a lawyer-client relationship and may not be privileged. You should take reasonable and appropriate precautions to ensure compatibility of any website You visit with Your specific computer, mobile or other device. The Firm does not assume any responsibility or risk for your use of the internet.
Communicating with the Firm
Unless otherwise noted, We do not automatically gather any specific information from You, such as Your name, telephone number or email address. We would obtain this type of information only if You supplied it to Us, for example, by email or by filling in an online form.
If You choose to send an email message to the Firm or to complete a contact form on the Website, Your personal information will be used by Us to respond to Your inquiry. The information You provide will not be shared with any third parties for commercial purposes. The Firm does not use such information to create individual profiles, nor does it disclose the information to anyone other than persons at the Firm who need to provide You with a response. Information provided by You is used solely for the purpose for which it is intended.
Email messages and other electronic methods used to communicate with the Firm are not secure. Please do not send any sensitive personal information, such as Your Social Insurance Number or Your date of birth, through non-secure electronic channels.
Improving Your Experience on the Website
Web servers automatically collect information about visits to the Website, including the Visitor’s Internet Protocol (IP) address. IP addresses are unique numbers assigned to all devices used to access the internet. The IP address, on its own, does not identify an individual. However, in certain circumstances, such as with the co-operation of an ISP for example, it could be used to identify an individual using the Site.
We employ software programs that monitor network traffic and detect unauthorized attempts to upload or change information, or otherwise cause damage. These programs record the IP addresses of computers that visit this site. They also record the date and time of visits, the pages viewed, and the browsers and operating systems used by Visitors. We do not attempt to link this information to the identities of individual Users, unless an attempt to damage the Site has been detected.
Visitor IP addresses are also recorded by the Google Analytics software installed on the Website.
Digital Markers (including cookies)
A digital marker is a resource created by the Visitor’s browser in order to remember certain pieces of information for the web server to reference during the same or subsequent visits to the Website. Examples of digital markers are “cookies” or HTML5 web storage. Some examples of what digital markers do are as follows:
they allow a website to recognize a previous visit each time the visitor accesses the site;
they track what information is viewed on a site, which helps website administrators ensure visitors find what they are looking for.
We use digital markers on some portions of the Website. During Your online visit, Your browser exchanges data with Our web server. The digital markers used do not allow Us to identify individuals.
The provision of personal information for communications and information technology web analytics purposes is optional. You may refuse the installation of or delete the digital markers used by Our web analytics tools from Your device through the settings of Your web browser (more information).
Web analytics is the collection, analysis, measurement, and reporting of data about website traffic and visits for purposes of understanding and optimizing web usage. Information in digital markers may be used for the purpose of web analytics to remember Your online interactions with our Website.
We use Google Analytics to improve the performance of the Website. When Your device requests a web page on the Website, Google Analytics collects user information such as:
geo (location, language)
technology (browser, operating system, network)
devices (desktop, mobile, tablet)
demographics (age, gender)
Such data may be used for statistical and administrative purposes to assist the Firm in making enhancements to the Website.
For a detailed list of metrics tracked by Google Analytics, please click here.
If you do not want Your information shared with the Analytics software, Google makes available a plug-in for Internet Explorer, Firefox, Safari and Chrome browsers which prevents Your browser from sharing any information with Google Analytics. You may download and install the plug-in here.
We may use a captcha service called reCAPTCHA. reCAPTCHA is a service that protects the Website from spam and other types of automated abuse. The reCAPTCHA service may collect information from Your device for security purposes.
Google Places is a service that returns information about places using HTTP requests. Google Places service may collect information from You and from Your device for security purposes.
Third-Party Social Media
The Firm’s use of social media serves as an extension of its presence on the web. Social media accounts are public and are not hosted on Our servers. Users who choose to interact with the Firm via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications You use to access them.
The Firm has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party websites or services.
Terms and Conditions for Use of this Website
Please read these terms and conditions of use (“Terms and Conditions”) carefully as they set out the legal terms that govern the use of this Website (referred to as either “Website” or “Site”) provided by Cherkowski Marsden LLP (referred to as either “the Firm”, “We”, “Us” or “Our”) and applies to all Users (referred to as either “You”, “Visitor” or “User”). By accessing and/or using this Website, You indicate Your acceptance of, and agreement to be bound by, these Terms and Conditions. If You do not accept the Terms and Conditions, please do not access or use this Website.
Changes to the Terms and Conditions
The Firm reserves the right to update, modify or otherwise change any part of these Terms and Conditions at any time without prior notice. Your continued use of this Website following any changes constitutes Your agreement to accept such changes.
Changes to the Website
The Firm may eliminate, revise, or suspend access to any portion of this website at any time without notice. Without limiting the generality of the foregoing, the Firm may change the availability of any features, or otherwise change the content or information posted on this Website. The Firm reserves the right to correct any errors or omissions in any portion of this website at any time without notice.
Not Legal Advice
The information on this Website is provided for general reference purposes only. None of the information contained or posted on this Website constitutes legal advice and should not be used or relied upon as such. It is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. You should not rely on, or take or fail to take any action, based solely upon the information provided on this Website. Never disregard professional legal advice or delay in seeking legal advice because of something You have read on this Website. Prior results, articles, and case studies or other materials available on this Website do not guarantee a similar outcome in future representation.
No Lawyer – Client Relationship
No lawyer-client, advisory, fiduciary, or other relationship is created by accessing or otherwise using this Website or by communicating with lawyers at the Firm by way of e-mail or online form. A solicitor-client relationship will arise between You and the Firm only if We specifically agree to act for You. Until We specifically agree to act for You on a matter, You should not provide Us with any confidential information or material.
Ownership of Content
This Website and all materials contained within it, including but not limited to text, graphics, videos, photos, trade-marks and logos (collectively “Content”) are owned or licensed by the Firm and are protected by Canadian and foreign copyright and trade-mark laws. The Website, as a whole, or in part, may not be reproduced without the express prior written consent of the Firm.
The Contents of the Website do not necessarily represent the opinions of the Firm or its clients.
Link Agreement & Conditions
Linking to this Website is permitted, provided You agree to the Link Conditions described below. If You link Your website to this Website, You agree that You may not:
imply that the Firm is endorsing You or Your products or services;
imply an affiliation between You or any entity You may be representing without the prior written consent of the Firm;
misrepresent Your relationship with the Firm or present false or misleading statements about the Firm, its constituent or affiliated bodies or their related activities; and
associate such link with any content that may be considered by the Firm in its sole discretion to be distasteful or offensive.
The Firm shall not be responsible or liable for any content appearing on Your website. The Firm may in its sole discretion, immediately terminate Your right to link to this Website at any time and for any reason. If the Firm exercises such right, You hereby agree You will immediately remove all links to this Website and any content thereof.
By establishing a link to this website, You will be deemed to have agreed to these Link Conditions.
Links to Third Party Sites
This Website may contain links to third-party websites. These links are provided solely as a convenience to Users and not as an endorsement by the Firm of the contents of such third-party websites. The Firm is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation: (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites; and (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.
Disclaimer of Warranties
Any use or reliance on this Website or its Contents shall be at Your sole risk. The Firm makes no representation or warranty of any kind, either expressed or implied, regarding the Website or its Contents, all of which are provided on an “as is” and “as available” basis. The Firm expressly disclaims all representations, warranties, conditions, and endorsements, without limiting the generality of the foregoing. The Firm makes no warranty as to the accuracy, quality, or completeness of the Content of this Website, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. The Firm does not warrant that this Website will continue to operate or will operate without interruptions or that it will be error-free. The Firm is not responsible for any changes made to the Content by any third party.
Limitation of Liability
In no circumstances shall the Firm, its partners, employees, consultants, representatives, directors, agents, vendors or licensors involved in creating, producing or delivering this Website or Content found on this Site be responsible or liable for any loss or damages whatsoever including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages arising from or in connection with Your use of, access to, or Your reliance on, or Your inability to use or access the Site, any Content of the Site, any external links on the Site, any website linked to the Site, or any content thereof.
Entire Agreement and Governing Law
This agreement shall be governed and construed in accordance with the laws of the Province of Ontario and constitutes the entire agreement between You and the Firm with respect to this Website and it supersedes all prior agreements with respect thereto.