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Please read carefully before using this website. By using this website, you agree to be bound by this Agreement.
This Declaimer (“The Disclaimer”) constitutes a legal agreement (“the Agreement”) between you and Monika J. Curyk, Barrister & Solicitor (“Monika Curyk” or “the Lawyer”), who is the owner and operator of this website (“the Website”).  This Disclaimer outlines the terms and conditions under which you may access and use the Website.  The terms “Monika Curyk” or “the Lawyer” include partners, employees, agents, affiliates, or licensors of Monika J. Curyk, Barrister & Solicitor.
Access of this website and use of the information found on the Website constitutes your acceptance, and the acceptance of any person you might represent, of the terms and conditions of this Agreement.   If you do not accept the terms of this Agreement, you must not access or use the Website.
The Lawyer reserves the right to revise this Agreement at any time.  Use of the Website after the terms of the Agreement have been changed, will signify your acceptance of the new and revised terms of the Agreement.  
You may not change or alter this Agreement in any manner.

No legal advice
The information provided on the Website is provided for general information purposes only. It does not convey legal, accounting, tax, or other professional advice of any kind. The content of this website is not, and should not be taken as legal advice, nor should it be relied upon to make legal decisions. You should not act or abstain from acting based upon the content of this website without first consulting a lawyer to receive the most up-to-date information and advice.
The information on this website is offered as a public service only.  It is not individualized legal advice.  It is not intended to replace legal advice about a specific legal problem, nor is it intended to constitute, or be a substitute for, legal advice from qualified counsel.  Due to the importance of the individual facts of every case, any generalizations made on this website may not be applicable to your situation or to any other particular case. Information in this website may not always be updated, and it is often a summary of the rules, regulations, policies and procedures, which are considerably more detailed.
Do not ignore legal advice or delay obtaining it because of something you have read on this website. Because the information posted on this website is prepared for a general audience, without investigation into the facts of each particular case, it is not legal advice.
While Monika Curyk makes every effort to keep the information in this website up to date, the passage of time, changes in the law, or subsequent court decisions, may render it inaccurate.  We cannot guarantee that the information provided here (or linked to from this website) is accurate, complete, or adequate. We recommend that you obtain legal advice for your specific situation.
Monika Curyk may, at any time, make modifications, improvements and/or changes to the information on this website or the services referred to in this website without notice.
You agree not to add, alter, substitute or amend partially or in whole, any information on this website.
The information in this website may not be used for professional or commercial purposes. 
Monika Curyk practices law within the Province of Ontario, Canada, and the information provided on this website is based upon the laws of the Province of Ontario and the Federal laws of Canada applicable therein.  The Website is intended for use only in jurisdictions where it may lawfully be offered for use.  Anyone accessing this website from other jurisdictions accepts sole responsibility for compliance with local laws. The Website must not be used by persons in jurisdictions where access to, or use of, the Website, or any part of it, may be illegal or prohibited. The Website may be used only by persons who are of the age of majority and able to enter into legally binding contracts under applicable laws.  By accessing the Website, you make a representation that you are of the age of majority, and can enter into legally binding contracts under applicable laws. 
Monika Curyk is not certified as an "expert" or "specialist" pursuant to any authority governing the practice of law in any jurisdiction in Canada.

No Lawyer-Client relationship
Visiting and using this website, or sending email to the Lawyer, do not create a lawyer-client, advisory, fiduciary, or any other kind of relationship between you and Monika Curyk. You do not become a client of Monika Curyk, unless and until, Monika Curyk agrees to act on your behalf pursuant to a written retainer agreement. You agree that the Lawyer is not engaged in rendering legal services or advice by providing the information and materials on this website.
E-mail transmissions sent or received by Monika Curyk do not create a solicitor-client relationship. 
No information you submit to us via this website or by electronic mail shall be considered a lawyer-client communication, or otherwise be treated as confidential or privileged in the absence of a pre-existing express agreement by us to the contrary.  Therefore, you should not send Monika Curyk any e-mail that contains confidential or sensitive information.

The content of this website, including without limitation, all photographs, text, illustrations, graphics materials, names, logos, trademarks, other company names mentioned on this website, and service marks are protected by copyright. You may download, store, and print single copies of any material from this website provided that you do not make any commercial use of, or alter, or amend any of that material, and provided that you attribute all material that you download from this website to Monika Curyk.  Any other use of the materials on this website including modification, transmission, presentation, distribution, republication, or other exploitation of the Website, whether in whole or in part is prohibited without the express prior written consent of the Lawyer.
You may not use the Website or its content for any other purpose or in any other way. You may not use the e-mail addresses or any other information available on this website to transmit, distribute, or facilitate the distribution of, unsolicited bulk e-mail or other advertisements to Monika Curyk.

Links to other websites
This website may contain links to, or references to, third-party websites (“the Other Resources”).  These links or references are provided solely as a convenience to you. Monika Curyk is not responsible for the content of any of the Other Resources, makes no representations regarding the Other Resources , and does not necessarily endorse, recommend,  or approve of the information, material, products or services contained on, or accessible through, any of the Other Resources.
Monika Curyk does not attempt to monitor the vast information disseminated and accessible through links to the Other Resources. The Other Resources are not in control of Monika Curyk, are independent from Monika Curyk, and Monika Curyk has no responsibility or liability for the Other Resources. Your use of the Other Resources, including your dealings with the owners or operators of the Other Resources, is at your own risk.
Monika Curyk does not make any representation or warranty of any kind regarding any of the Other Resources including, without limiting the generality of the foregoing, any representation or warranty: (1) regarding the legality, timeliness, accuracy, completeness, reliability, security, or suitability of any content on any Other Resources; (2) that the operation of any of the Other Resources will be uninterrupted or error free, that defects or errors in such Other Resources will be corrected, or that such Other Resources will be free from viruses or other harmful components; and (3) regarding the fitness for a particular purpose of any material, software, content, goods, or services located at or made available through such Other Resources.

Limitation of Liability
In no event shall Monika Curyk, or contributors to this website, be liable for any loss, cost,  injury, or any damages of any kind, whether direct, special, indirect, punitive, incidental, exemplary, consequential, whether based on breach of contract, tort (including negligence), product liability or otherwise, resulting from your access or use of this website including, without limitation, any loss or damages in the nature of, or relating to, lost business, lost savings, lost data, lost profits, and/or interruption of activities arising from your use, or misuse of, reliance upon, or inability to use the Website and its content. You hereby waive any and all such claims against Monika Curyk and contributors. You agree that the limitations set forth above are fundamental elements of this Agreement, and that the Website and its materials would not be provided to you absent of such limitations. The foregoing limitation shall apply even if Monika Curyk was advised of, knew of, or ought to have known of, the possibility of such damages, or if such damages are reasonably foreseeable.
Monika Curyk's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.

You agree that you will not use this Website for any unlawful purpose, or for any purpose prohibited by this Agreement.  You agree to indemnify, defend and hold harmless Monika Curyk and contributors from and against any and all losses, expenses, damages, claims, fines, penalties, costs, and liabilities (including full indemnity legal and accounting fees), related to (i) your violation of this Agreement, (ii) your use of this website, and/or (iii) your posting materials on this website.

Disclaimer of Warranties
You agree that you are using the Website at your own risk and liability, and that the Website may include inaccuracies or typographical errors. The Website and its content are provided "as is.” The lawyer does not make any representations or warranties regarding the Website including, without limitation: (1) no representation or warranty that the Website will be accurate, complete, current, timely, or suitable for any particular purpose; (2) no representation or warranty that that the operation of the Website will be uninterrupted or error-free; (3) no representation or warranty that that defects or errors in the Website will be corrected; (4) no representation or warranty that the Website will be free from viruses or harmful components; and (5) no representation or warranty that that communications to or from the Website will be secure and/or not intercepted.
You accept full responsibility protecting the security and integrity of your computer system.  You are responsible for the entire cost of any service, repairs, or connections of and to your computer system which may be necessary as a result of your use of the Website.

Security of Information Sent or Received
Any information sent or received over the Internet is generally not secure. Monika Curyk does not guarantee security or privacy of any communication to or from the Website. The communication of any electronic inquiry does not, by itself, create an attorney-client relationship, or contractually obligate Monika Curyk to represent you, regardless of the content of such an inquiry.

Unless a lawyer-client relationship has been established by a written retainer agreement signed by both the Lawyer and the client, any information you send to Monika Curyk will not be privileged or treated as confidential, and may be disclosed to other persons. You should not send confidential or sensitive information over the Internet or by e-mail unless you take appropriate precautions, such as the use of encryption.

Names, words, titles, phrases, logos, designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered trademarks of Monika Curyk or third parties. The display of third-party trademarks on this website should not be taken to imply any relationship or licence between Monika Curyk and the owner of such a trademark, or to imply that Monika Curyk endorses the wares, services, or businesses of the owners of such trademarks.

Governing Law and Jurisdiction
Monika Curyk is admitted to practice solely in the Province of Ontario, and this website is operated from her office within the Province of Ontario, Canada.
By accessing or using the Website, you agree that that all matters relating to this Agreement and your access to, or use of, this website shall be governed in accordance with the laws of the Province of Ontario and the laws of Canada, without giving effect to any principles of conflicts of law.   You agree and hereby 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 Website, regardless of your residence, domicile, or physical location. 
Any claim or cause of action you may have arising from, connected with, or relating to this Agreement and/or your use of this website, or any related matters, must be commenced in a court of competent jurisdiction in the Province of Ontario within 30 days after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
A printed version of this Agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based on, or relating to, this Agreement to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.

If you breach any provision of this Agreement, the Lawyer may, in her sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice.  In the event of termination, you are no longer authorized to access the Website.
If this Agreement or your permission to use the Website is terminated by you or the Lawyer, then: (1) this Agreement will nevertheless continue to apply and be binding on you in respect of your prior use of the Website; and (2) the Lawyer may continue to use and disclose your personal information in accordance with the Privacy Policy as amended from time to time.

Entire agreement
This is the entire agreement between you and the Lawyer relating to your access and use of this website.  If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed, and the remaining provisions shall remain in full force without being invalidated in any way.

The provisions of this Agreement will enure to the benefit of, and be binding upon, each of: Monika Curyk, her successors and assigns, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement, or your rights and obligations under this Agreement, without the express prior written consent of the Lawyer, which may be withheld at the Lawyer’s sole discretion. The Lawyer may assign this Agreement, and her rights and obligations under this Agreement, without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to, or waiver of, a continuing breach or default, or any other breach or default, of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

PRIVACY (separate tab)
Monika Curyk knows how important your privacy is to you.  Our relationship with you is founded on trust, and we are committed to maintaining that trust.  Monika Curyk makes every effort to protect your privacy and to store your information in a secure way. 
Monika Curyk uses your personal information to provide legal advice and services to you, to administer her client databases, and to contact you when necessary. If you tell Monika that you do not wish us to contact you, she will honour that request.
The Lawyer does not sell, barter, trade or give away your personal information to third parties.  For example, we do not provide our client mailing lists to other law firms. 
Under certain circumstances, Monika Curyk will disclose personal information:

  1. when she is required or authorized by law to do so;
  2. when you have consented to the disclosure;
  3. when the legal services we are providing to you requires us to give your information to third parties (for example, in a court application), your consent will be implied unless you tell us otherwise;
  4. where it is necessary to establish or collect fees;
  5. if we engage a third party to provide administrative services to us (for example, computer back-up services or archival file storage) and the third party is bound by our privacy policy;
  6. if we engage expert witnesses on your behalf;
  7. if we retain other law firms on your behalf; and
  8. if the information is already publicly known.