Terms & Conditions

If you have any questions about these services, please contact Victoria Radbourne by e-mail or telephone: Victoria@tlabc.org or 604 682-5343.

By using the Course Materials Online Service of the Trial Lawyers Association of British Columbia (“TLABC”), you agree to be bound by the terms of this License Agreement (the “License”).

1. Grant of License
The course materials contains proprietary, copyrighted information, documentation, computer code, and other materials (the “Product”). As between TLABC and your organization, TLABC retains title to and ownership of all rights in and to the Product, including copyright and all other intellectual property rights. In exchange for a fee, TLABC grants you License to use the Product as permitted by section 2.

2. Use and Copies
You or support staff may use or access the Product. You may not:

• distribute or make available the Product or any portions of it;
• make available any username or password associated with use of the Product;
• reproduce, publish, sell, rent, loan, lease, sub-License, transfer, market, distribute, redistribute, or otherwise part with the Product or portions of it, in electronic or print form, except as permitted in this License; or
• de-compile, reverse engineer, or disassemble the Product, or create any derivative works based on the Product.

3. Termination
This License will terminate immediately without notice from TLABC if you breach any term of this License. In the event either party wishes to terminate this License at any time, the party may do so by notice to the other party.

4. Disclaimer of Warranty on Product
The Product is provided by TLABC “as is” and is without representations, warranties or conditions of any kind. You assume total responsibility for the selection of the Product to achieve whatever the intended results may be, and for the use of the Product. TLABC DISCLAIMS AND YOU WAIVE ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TLABC DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE TLABC ATTEMPTS TO ENSURE THAT ONLINE ACCESS AND USE OF THE PRODUCT IS SAFE, TLABC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS COMPUTER SYSTEMS OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TLABC does not represent or warrant that the information contained in the Product will meet your needs. TLABC does not represent or warrant that the contents of the Product are identical to the original material from which the Product was derived. TLABC makes no representations, warranties or conditions with respect to any data gathered or obtained by TLABC from any source, or for present or future methodology used by TLABC in producing or obtaining such data. The Product does not and cannot replace the need for professional judgment as to the legal sufficiency and legal accuracy of any material contained in the Product. TLABC offers the Product as an aid to developing and maintaining professional competence. You acknowledge the Product does not constitute legal or other professional advice. Law is constantly evolving and changes in practice and procedure occur frequently. You must exercise your professional judgment about the correctness or applicability of the material in the Product and refer to the relevant legislation, case law, administrative guidelines and other primary sources. Any precedents contained in the Product must be used only as an initial reference point, and are not to be relied upon to the exclusion of other resources or without carefully considering their applicability to the relevant matter. The views and conclusions of authors expressed in the Product are those of the authors and not necessarily those of TLABC.

5. Limitation of Liability
TLABC WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCT. TLABC is not responsible for any costs incurred as a result of the use of or inability to use the Product, including lost profits or revenue, loss of data, or failure to realize expected savings. In no event shall TLABC’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) arising from or relating to the Product exceed direct damages in an amount equivalent to the amount paid by your organization for the Product.

6. Indemnity
You agree to indemnify and hold TLABC harmless from and against any loss, cost, expense or damage arising out of any claim, suit, action or judgment brought against TLABC by any client of yours or any other person or entity in respect of which you use the Product arising from your use of the Product.

7. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without regard to conflicts of law. If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License will remain in full force and effect.

8. Complete Agreement
This License represents the entire agreement between you and TLABC with respect to the Product, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding the Product.

9. Changes to Terms of Use
TLABC reserves the right to change this License. Any changes will be effective upon posting (electronic or otherwise) of a revised License.