Last Updated: November 16, 2020.
Tologix Expert Systems Inc. (doing business as “Investor-State LawGuide” or “we” or “us”) takes privacy issues very seriously.
This Privacy Policy (this “Privacy Policy”) explains how Investor-State LawGuide collects, uses and discloses personal information, including the personal information of users of our Site and Services (which includes subscribers to our Services, individuals that sign up for a trial use of the Services, and/or users that visit our website but do not sign up for a trial or subscribe to our Services). The “Site” means the Investor-State LawGuide website: https://www.investorstatelawguide.com, mirror sites, and related websites.
The “Services” refers to any functional aspect of the Site, and is described in more detail in the Terms and Conditions of Use, but generally refers to the portion of our Site that requires a user login and provides information on international investment protection treaties and dispute settlements thereunder and facilitates legal research.
In this Privacy Policy where we use the words “personal information” we use these words to describe information about an identifiable individual, such as an individual’s name and email address, but does not include (to the extent permitted by law) information that is publicly available in a telephone directory or that is business contact information that enables an individual to be contacted at a place of business.
By providing Investor-State LawGuide with your personal information, you consent to the collection, use, disclosure and retention of that information by Investor-State LawGuide in accordance with this Privacy Policy and as otherwise permitted by applicable law. You may withdraw your consent at any time, subject to legal or contractual restrictions and on reasonable notice to Investor-State LawGuide, but then you might not be able to proceed with your intended interactions or transactions with Investor-State LawGuide or otherwise receive the full benefit of the Services.
Please refer to Section 6 of this Privacy Policy to learn about your options with respect to the withdrawal of your consent.
We are the data controller for the purpose of applicable data protection laws in respect of your personal information that we collect, including personal information collected and used through your use of the Site and the Services. This is because we dictate the purpose for which your personal information is used and how we use your personal information.
(a) Information that is automatically collected in the course of using the Site
Investor-State LawGuide collects personal information and other information about you when you use the Site and the Services. Technical information through your internet browser or electronic device may be collected, such as your IP address and other online identifiers (to the extent that they are personal information), location of user (by city), browser type and version, time of the visit, pages visited, tools used, as well as statistical information on load factors on the Site generally and its components. We also allow you (if you are a subscriber to the Services) to customize certain features on the Site, for example to bookmark documents and links or to save your research results.
This information is analyzed to help us further develop features and functionally that better respond to the interests of the Site’s users. Investor-State LawGuide also notes the type and version of browsers that are used and related technical information, to ensure that the Site is technically accessible and to monitor and maintain the security of the Site. We also use this information to customize the user’s experience.
(b) Personal and subscription information you voluntarily provide to us
You provide information on a voluntary basis when you interact with Investor-State LawGuide, including when you subscribe to the Site, sign up for a trial, use the Services, interact with our social media accounts or attend events hosted by us. For example, we may collect:
In those circumstances, you can choose not to provide certain requested personal information, but then you might not be able to proceed with your intended interaction or transaction with Investor-State LawGuide or otherwise receive the full benefit of the Services.
(c) Information You Provide About Others
In some cases, such as if you sign up for the Services on behalf of a corporation, you may provide personal information to Investor-State LawGuide about others (such as the directors of that corporation). If you give Investor-State LawGuide the personal information of another individual, then you are solely responsible for complying with all applicable laws, including obtaining that individual’s valid consent to your collection and disclosure of that individual’s personal information to Investor-State LawGuide and to Investor-State LawGuide’s use, disclosure and retention of that individual’s personal information.
(d) Information from Other Sources
In some circumstances, Investor-State LawGuide may collect personal information from third parties sources. Investor-State LawGuide will only collect your personal information from a third party if we have obtained your consent to do so, if you have provided your consent to the third party, or if we are legally required or permitted to do so. For example, we may collect personal information about you from certain publicly available sources.
Investor-State LawGuide uses your personal information in connection with the provision of the Site and the Services to you and for other purposes, as explained below. In particular, your personal information may be used by us, our employees, contractors, service providers, and disclosed to third parties for the following purposes. For each of these purposes, we have set out the legal basis on which we use your personal information.
| Purpose | Legal Basis |
| To communicate with you and other individuals | For our legitimate business purposes (i.e., the provision and support of the Site and the Services) |
| To provide the Site and the Services, including to verify your identity and allow you to access appropriate/authorized areas and communicate with you about the Site and the Services | For our legitimate business purposes (i.e., the provision and support of the Site and the Services) and, depending on the circumstances, to perform a contract between you and us |
| To administer the Site and the Services and related operations | For our legitimate business purposes (i.e., the provision and support of the Site and the Services) |
| For automatic system operation like email notification | For our legitimate business purposes (i.e., the provision and support of the Site and the Services)We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law |
| To contact you regarding subscription services and trial use | For our legitimate business purposes (i.e., the promotion, provision and support of the Site and the Services) |
| To notify you about changes to the Site or the Services | For our legitimate business purposes (i.e., the provision and support of the Site and the Services) |
| To improve the quality of the Site and the Services | For our legitimate business purposes (i.e., the provision and improvement of the Site and the Services) |
| To manage complaints, feedback and queries | For our legitimate business purposes (i.e., the provision and improvement of the Site and the Services) |
| To carry out market research and analysis | For our legitimate business purposes (i.e., the promotion and improvement of the Site and the Services)We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law |
| To carry out satisfaction surveys and analysis | For our legitimate business purposes (i.e., the promotion and improvement of the Site and the Services)We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law |
| To provide you with information about the services we offer (including details of any newsletters which we believe may be of interest to you) in accordance with your preferences as indicated when you entered into any agreement with us, including any marketing consent preferences | For our legitimate business purposes (i.e., the promotion and improvement of the Site and the Services)We may request your consent in circumstances where a legal justification over and above legitimate interests is required by applicable law |
| To comply with any legal or regulatory obligations (including in connection with a court order) | For our legitimate business purposes and for compliance with legal obligations to which we are subject |
| To enforce or apply the agreements concerning you (including agreements between you and us) | For our legitimate business purposes and for compliance with legal obligations to which we are subject |
We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfil the terms of our contract with you if you are a subscriber or in preparation of us entering into a contract with you. If you do not provide the relevant personal information to us, we may not be able to provide the Site and the Services to you.
Where we rely on our legitimate business interests or those legitimate interests of a third party to justify the purposes for using your personal information, this will include (in addition to the justifications identified in the table above):
Subject to your right to withdraw consent as described in this Privacy Policy, Investor-State LawGuide may also use your personal information collected by Investor-State LawGuide for the following additional purposes that are not required for Investor-State LawGuide to provide you with the Services:
Investor-State LawGuide may also use your personal information to create non-personal information, and Investor-State LawGuide may then use, disclose, transfer and retain the non-personal information as set out below in this Privacy Policy.
Investor-State LawGuide discloses your personal information as set out below. Investor-State LawGuide does not otherwise disclose, give or sell to any other person any personal information about our users, except for other purposes Investor-State LawGuide identifies to you, or as required by law.
(a) Suppliers and Service Providers
Investor-State LawGuide may disclose your information to its personnel, including our third party contractors, as necessary for the purposes described in this Privacy Policy. For example, Investor-State LawGuide may need to access your information in order to create passwords for subscriber accounts. Investor-State LawGuide also engages third party contractors, such as developers, project managers and designers to assist with the operation of the Site and the Services, and such contractors may have access to your personal information.
Investor-State LawGuide may provide your information to third party service providers who provide services to Investor-State LawGuide for the Site (such as data storage, hosting services and email services), as necessary for the purposes described in this Privacy Policy, and will require such third parties to maintain adequate security measures to protect your information. Your payment information will be disclosed as required to process its payment and as otherwise permitted or required by law.
Investor-State LawGuide may also disclose your personal information to other third parties, for example:
We may also disclose information to our professional advisers, such as accountants, lawyers and other advisers that assist us in carrying out our business activities.
(b) Law Enforcement/Legal Disclosures
Investor-State LawGuide may disclose your personal information as required or authorized by applicable law, including to comply with a subpoena, warrant or court or arbitral order or litigation disclosure obligation. Investor-State LawGuide may disclose your personal information to law enforcement agencies or other independent organizations if Investor-State LawGuide reasonably believes the disclosure is necessary or appropriate in connection with national security, law enforcement or other issues of public importance, or if Investor-State LawGuide reasonably believes the disclosure is necessary or appropriate to protect and enforce Investor-State LawGuide’s legal rights, interests and remedies or to protect the rights, interests, business, operations or customers of Investor-State LawGuide or other persons (including to detect and prevent fraud and other illegal activities, or to enforce any of the terms of use, terms of service or other agreements that govern access to or use of any of Investor-State LawGuide’s products or services). Investor-State LawGuide has no control over, or responsibility or liability for, the use, disclosure or retention of your personal information by the agencies, independent organizations or other persons to whom Investor-State LawGuide discloses the information in the foregoing circumstances, and the collection, use, disclosure and retention of the disclosed information by those agencies, independent organizations or other persons is not subject to this Privacy Policy.
(c) Business Transactions
Investor-State LawGuide may disclose your personal information in connection with a proposed or actual business transaction in which Investor-State LawGuide is involved (e.g. a corporate amalgamation, reorganization, merger or acquisition, or the sale or transfer of some or all of Investor-State LawGuide’s business or assets), and in those circumstances Investor-State LawGuide will require the information recipient to agree to protect the privacy of your personal information in accordance with applicable law.
(d) Specific Consents
Investor-State LawGuide may disclose your personal information to other persons in accordance with express or implied consents that you give during your interactions and transactions with Investor-State LawGuide.
When you interact with Investor-State LawGuide, you consent to the collection, use, disclosure and retention of personal information as set out in this Privacy Policy. You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, in some circumstances, we may have to limit the products and services provided to you.
Withdrawing your consent for integral purposes. You may withdraw your consent for purposes that are integral to the provision of our products and services, but then you might not be able to proceed with your intended interactions or transactions with Investor-State LawGuide or otherwise receive the full benefit of Investor-State LawGuide’s products and services.
Withdrawing your consent for additional purposes. You may also withdraw your consent for purposes that are not integral to the provision of our products and services. Withdrawing your consent for additional purposes that are not integral to the provision of our products and services will not impact the provision of our products and services to you. Those additional purposes include:
To withdraw your consent, you may contact us at the contact information set out in Section 16 of this Privacy Policy.
Investor-State LawGuide will retain your personal information for the period reasonably necessary for the purposes set out or referenced in this Privacy Policy and to comply with Investor-State LawGuide’s legal obligations or enforce or protect Investor-State LawGuide’s legal rights, or a longer period required or permitted by applicable law. For example, Investor-State LawGuide will keep the information stored in a subscriber’s account on its servers as long as its account is maintained in good standing and, in the event of non-renewal or termination of its subscription, for the time period applicable in the circumstances. All data submitted to Investor-State LawGuide will also be copied periodically to secure back-ups in order to safeguard against loss due to failure of Investor-State LawGuide’s active servers, and backed-up media will only be used in the event of such a failure.
Investor-State LawGuide employs reasonable and appropriate safeguards to protect the security of your personal information. Investor-State LawGuide’s security practices are reviewed on a regular basis and Investor-State LawGuide employs current technology to ensure that the confidentiality and privacy of personal information is not compromised. You can and should also take steps to protect the security of your personal information such as maintaining the confidentiality of your passwords.
Investor-State LawGuide takes reasonable precautions to ensure that information transmitted when you use the online transactional services of the Site is protected against error, loss or unauthorized access. Despite these precautions, you must implement the personal security measures recommended on the Site in order to maintain optimal protection when you surf the Site or any other Internet site.
Cookies are pieces of information stored directly on the device you are using. When cookies are used, they create a temporary file on your computer that is then read by the Site module that sends them, aiding the application and/or browsing experience. Cookies allow us to recognize a device and to collect information such as internet browser type, time spent using Services, pages visited, language preferences and relevant country website. We use a third party analytics tool called Google Analytics on the Site. The analytics provided to us by the third party is anonymized.
Investor-State LawGuide uses cookies to help manage your web session, and improve the user experience. In some cases information may be used to help facilitate a subscriber’s level of access to the Site and its ability to navigate within the Site and for security purposes. In addition, Investor-State LawGuide may use the information to gather statistical information about the usage of the Services in order to understand how they are used, continually improve their design and functionality, and assist us with resolving questions about them.
If the preference for enabling cookies in your browser is deactivated, the use of certain applications is no longer possible. Alternatively, you can set its browser to warn before accepting cookies, but if you do not accept, the Services may not work properly. We do not respond to browser do not track signals at this time.
We will process your personal information in the European Economic Area, Canada, the United States and India. The personal information protection laws of those countries may be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal information without notice. If we transfer personal information to other jurisdictions for processing, we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law. By providing your personal information to Investor-State LawGuide, you consent to the transfer of the personal information to facilities located in other countries and the processing and storage of the personal information at those facilities. For further information as to the safeguards we implement please contact info@investorstatelawguide.com.
The Site may contain links to the websites of third parties or parts of their websites. However, Investor-State LawGuide has no control over the content or operation of these websites, nor does it control the confidentiality or privacy practices of the website operators. Consequently, any personal information you submit through such websites is governed by the privacy policies of the websites in question. It is therefore your responsibility to find out about their policies in order to protect information that concerns you.
Investor-State LawGuide will rely on you to ensure that the personal information that you provide to Investor-State LawGuide is as accurate, complete and up to date as necessary for the purposes for which Investor-State LawGuide uses the personal information. You will promptly notify Investor-State LawGuide of any changes to the personal information that you provide to Investor-State LawGuide using the procedures made available for that purpose by Investor-State LawGuide or by contacting Investor-State LawGuide’s Privacy Officer using the contact information set out in Section 16 at the end of this Privacy Policy.
You have certain rights with respect to your personal information. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise those rights by emailing us at info@investorstatelawguide.com.
| Summary of your rights | |
| Right of access to your personal information | You have the right to receive a copy of your personal information that we hold about you and information about our use, disclosure and retention of that personal information, subject to certain exemptions. |
| Right to rectify your personal information | You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete. |
| Right to erasure of your personal information: | You have the right to ask that your personal information be deleted in certain circumstances. For example (i) where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used; (ii) if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information; (iii) if you object to the use of your personal information (as set out below); (iv) if we have used your personal information unlawfully; or (v) if your personal information needs to be erased to comply with a legal obligation. |
| Right to restrict the use of your personal information | You have the right to suspend our use of your personal information in certain circumstances. For example (i) where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information; (ii) the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead; (iii) we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or (iv) you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection. |
| Right to object to the use of your personal information | You have the right to object to the use of your personal information in certain circumstances. For example (i) where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party); and (ii) if you object to the use of your personal information for direct marketing purposes. |
| Right to data portability | You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies where the use of your personal information is based on your consent or for the performance of a contract, and when the use of your personal information is carried out by automated (i.e. electronic) means. |
| Right to withdraw consent | You have the right to withdraw your consent at any time where we rely on consent to use your personal information. |
| Right to complain to the relevant data protection authority | You have the right to complain to the relevant data protection authority where you think we have not used your personal information in accordance with data protection law. You may lodge a complaint with the authority in the Member State of your habitual residence or of an alleged infringement of data protection law. |
Investor-State LawGuide may use your personal information to create and collect non-personal information (information that is not about an identifiable individual), including personal information that has been aggregated or otherwise depersonalized so that the information no longer relates to an identifiable individual. Investor-State LawGuide may use, disclose, transfer and retain non-personal information for any purpose and in any manner whatsoever. If non-personal information is combined with your personal information, then Investor-State LawGuide will treat the combined non-personal information as personal information for the purposes of this Privacy Policy for as long as the non-personal information is combined with your personal information.
In order to accommodate changes in the law, technology or Investor-State LawGuide’s business, this Privacy Policy may be modified at any time by Investor-State Law Guide. Notice of the change will be posted on the Site and the change will become effective on the date stated in the notice. Your continued interactions with Investor-State LawGuide after any change to this Privacy Policy will signify your consent to the collection, use, disclosure and retention of your personal information by Investor-State LawGuide as set out in the changed Privacy Policy. Accordingly, you should check the “Last Updated” date of this Privacy Policy (at the top of this Privacy Policy) and review any changes since the last version.
If we make material changes to the ways in which we collect, use, disclose and retain your personal information, we will provide you with appropriate notice.
(a) Notices to You: You consent to Investor-State LawGuide sending you emails (to the email address you provide to Investor-State LawGuide) regarding this Privacy Policy and related matters.
(b) English Language: You and Investor-State LawGuide have each expressly requested and required that this Privacy Policy and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que cette Politique de Confidentialité et tous les documents qui s’y rapportent soient rédigés en anglais.
If you would like further information about Investor-State LawGuide’s information handling practices, would like to make a comment or complaint, or would like to correct or update your information, please contact us at:
Tologix Expert Systems Inc. dba Investor-State LawGuide
Attention: Privacy Officer
1200 Waterfront Centre
200 Burrard Street
Vancouver, BC V6C 3L6
Canada
info@investorstatelawguide.com.
If your request requires that Investor-State LawGuide delete your subscription information, Investor-State LawGuide will no longer be able to provide you with the Services. Cancellation will be subject to the termination sections of the Terms and Conditions of Use.
Last Updated: December 4, 2020.
THIS WEBSITE IS OWNED AND OPERATED BY TOLOGIX EXPERT SYSTEMS INC. (DBA INVESTOR-STATE LAWGUIDE).
PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THE ISLG WEBSITE. THESE TERMS OF USE ARE A BINDING AGREEMENT THAT GOVERNS THE USE OF THE ISLG WEBSITE, EXEMPTS ISLG AND OTHER PERSONS FROM LIABILITY, SPECIFIES THE JURISDICTION FOR THE RESOLUTION OF DISPUTES AND CONTAINS OTHER IMPORTANT PROVISIONS.
BY USING THE ISLG WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE ISLG WEBSITE.
(a) Your Acceptance of these Terms of Use: These Terms of Use are a binding agreement between you and Tologix Expert Systems Inc. (dba Investor-State LawGuide) (“ISLG”) regarding your access to and use of the ISLG website (the “Website”). Each time you use the Website, you signify your unconditional acceptance and agreement, without limitation or qualification, to the most current version of these Terms of Use. If you do not unconditionally accept and agree to these Terms of Use, then you may not use the Website.
(b) The Website: In these Terms of Use, a reference to the Website includes all of the Website’s content (including all text, graphics, images, video, and other elements available on or through the Website) and the design, structure, selection, arrangement and look and feel of each element of Website content and the Website as a whole.
(c) Other Agreements: These Terms of Use relate to the Website only. Products and services advertised on or available through the Website may be governed by other applicable agreements prescribed by ISLG or its corporate affiliates, including a subscription agreement or other agreement between you and ISLG. Certain features or functionalities of the Website are restricted to individuals who hold a valid and subsisting ISLG subscription, which is governed by a subscription agreement between those individuals and ISLG.
(d) Changes to these Terms of Use: ISLG in its discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately on posting on the Website, unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Website after these Terms of Use have been changed by ISLG, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.
(a) Permitted Users: The Website may be used only by individuals (natural persons) who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the Website if you do not accept and agree to these Terms of Use, if you have breached these Terms of Use or if your permission to use the Website has been suspended or terminated by ISLG.
(b) Permitted Use of the Website: Subject to these Terms of Use and all applicable laws, you may use the Website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the Website and subject to these Terms of Use and all applicable laws. Use of the Website for any other purpose or in any other manner is strictly prohibited.
(c) Prohibited Use of the Website: You will not: (a) use the Website in any manner or for any purpose except as expressly permitted by these Terms of Use; (b) use the Website for a commercial or business purpose (whether or not for profit) or on behalf of, or for the benefit of, any other person; (c) use the Website in a manner not in accordance with applicable law; (d) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the Website or attempt to access or use the Website by any means that is not purposely made available for that purpose by ISLG; (e) use the Website in a way that interferes with or disrupts the security, integrity, functionality, operation or performance of the Website or any related computer system, network or data; (f) license, sublicense, grant, sell, resell, lend, rent, lease, loan, share, transfer, assign, pledge, copy, reproduce, distribute, imitate, publish, republish, translate, repost, publicly display, publicly perform, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other person, whether as a service bureau or otherwise, and with or without charge; (g) index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (h) alter, violate, circumvent, conceal, modify or remove any notices (including proprietary rights notices), proprietary codes or locks, means of identification, digital rights tools or management information, technological protection measures, security or control measures, or agreements on, in or in relation to the Website; or (i) authorize, permit, assist, encourage or enable any other person to do any of the foregoing or to use the Website in a way that would constitute an infringement of the rights of ISLG or a breach of these Terms of Use if it were done by you. The foregoing restrictions do not apply if and to the extent, but only to the extent, that the restrictions are prohibited by applicable law.
(d) Personal Information Privacy: By using the Website, including the ISLG Solution, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of ISLG as explained in the ISLG Privacy Policy, as revised from time to time, and as otherwise permitted by applicable law.
(e) Your Information: You will ensure that all information you provide to ISLG, through the Website or otherwise, including information regarding your Trial Subscription (as defined in Section 6, below) is true, accurate, current and complete. ISLG will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, ISLG or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.
(a) No Advice: The Website is for informational and educational purposes only. The Website is not intended to be a comprehensive or detailed statements concerning the matters addressed, and is not professional advice or recommendations (including legal or other professional advice). Neither the information and content on or available through the Website nor your interactions with ISLG will constitute a solicitor-client relationship. It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through the Website.
(b) Currency/Errors, Changes, Prices: The information and content on or available through the Website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning ISLG and its business, products and services. The information and content on or available through the Website might not be accurate, current or complete, and misprints, errors, inaccuracies or omissions (including incorrect specifications for prices, products and services) or other errors might not be corrected. ISLG does not warrant that the content of the Website (including specifications for prices, products and services) is accurate or complete. ISLG does not accept any liability for any information or content on or available through the Website. ISLG reserves the right to (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the content of the Website, including any promotional offers without any notice or liability to you or any other. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
(c) Linked Sites: For your convenience, the Website may provide links or references to Internet sites or resources operated by independent persons (collectively “Linked Sites”). Linked Sites are independent from ISLG, and ISLG does not endorse, and have responsibility or liability for or control over, any Linked Site, any products, services or content available through a Linked Site or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against ISLG arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site or any product, service or content available through a Linked Site.
(a) Ownership of Website: Copyright © 2020. Tologix Expert Systems Inc. All Rights Reserved. The Website and the technologies and data used to operate the Website and all related proprietary rights (including copyright) are owned solely by ISLG and its licensors and are protected by Canadian and international intellectual property laws. You will not acquire any right, title or interest in, to or associated with the Website or any related technologies and data.
(b) Trademarks: Investor-State LawGuide®, ISLG®, Tologix®, the ISLG logo, the Tologix Gear logo and other related trademarks and symbols are registered or unregistered trademarks, service marks and trade names owned or used under license by ISLG. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of those trademarks, service marks or trade names.
(c) Feedback: If you give to ISLG any feedback (including ideas or suggestions for enhancements or improvements) about the Website, the ISLG Solution (as defined in Section 6, below) or any related matter, then ISLG and its licensors and their respective successors, assigns and licensees may use and commercialize the feedback without providing any compensation to you or any other person, and ISLG and its licensors and their respective successors, assigns and licensees will at all times solely own and retain all rights, title and interests (including all intellectual property rights) throughout the world in, to and associated with all works created, enhanced or improved using or based on the feedback. For greater certainty, you will not include in any feedback any information that is confidential or proprietary to you or any other person.
(a) GENERAL DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS MADE AVAILABLE AND PROVIDED TO YOU ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ACCURACY, CAPACITY, COMPLETENESS, DELAYS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, VIRUSES OR OTHER HARMFUL COMPONENT, INTERRUPTED SERVICE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, RESULTS, QUALITY, TIMELINESS, TITLE OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY ISLG GROUP TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; AND NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WILL BE CREATED BY ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY OR ON BEHALF OF ISLG GROUP. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
(a) TECHNOLOGY DISCLAIMERS: THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ISLG GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGE OR LOSS RESULTING FROM ANY OF THOSE PROBLEMS.
(c) LINKED SITES DISCLAIMER: WITHOUT LIMITING THE GENERALITY OF ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS, DEAL WITH, PURCHASE AND USE LINKED SITES AT YOUR OWN RISK. ISLG GROUP DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, REGARDING ANY LINKED SITE. ISLG GROUP DOES NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE.
(d) LIABILITY EXCLUSIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ISLG GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR LIABILITY (INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE DAMAGES) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY RELATED MATTER, UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY OR ON BEHALF OF ISLG GROUP, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE AND LIABILITY AND EVEN IF ISLG GROUP KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE POTENTIAL LOSS, DAMAGE OR LIABILITY BEING INCURRED.
(e) RESERVATION: THE LAWS IN SOME JURISDICTIONS PROHIBIT OR LIMIT THE DISCLAIMER OF CERTAIN WARRANTIES AND CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES, AND SO THE DISCLAIMERS AND LIABILITY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS MIGHT NOT APPLY TO YOU.
(f) DEFINITION: IN THESE TERMS OF USE, “ISLG GROUP” MEANS ISLG AND ITS CORPORATE AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
(a) Definitions: In this Section 6: (i) “Database Content” means all documents and other texts relating solely to legal information, commentary, references, caselaw, treaties, decisions, artistic works, literary works, and compilation works searchable or retrievable from the ISLG Solution; (ii) “Documentation” means user manuals and other technical documentation regarding the ISLG Solution that ISLG provides or makes available to you from time to time; (iii) “ISLG Solution” means the online solution based on ISLG’s proprietary software; (iv) “Trial Subscription” means your valid and subsisting trial subscription for the use of the ISLG Solution on a trial basis;
(b) Application: If ISLG makes the ISLG Solution available to you by a Trial Subscription, this Section 6 applies to the Trial Subscription and the access and use of the ISLG Solution by or on behalf of you pursuant to the Trial Subscription.
(c) Trial Period: The period of your Trial Subscription is effective on acceptance by or on behalf of you and will continue until the date specified by ISLG in your Trial Subscription confirmation email, unless terminated earlier in accordance with these Terms of Use or otherwise agreed between you and ISLG (the “Trial Period”). You or ISLG may terminate the Trial Subscription for convenience effective immediately on notice to the other party. On termination or expiry of the Trial Period: (i) you will no longer access or use the ISLG solution; (ii) you and ISLG will remain fully responsible and liable for each of your and ISLG’s respective obligations and liabilities arising prior to the termination or expiry of the Trial Period; and (iii) neither you nor ISLG will be obligated to enter into a commercial agreement, including a subscription agreement for the ISLG Solution, following termination or expiry of the Trial Period. For greater certainty, on expiration or termination of the Trial Period, you may retain Database Content for use in connection with your private, confidential, internal evaluation of the ISLG Solution in accordance with the restrictions and requirements set out in this Section 6. ISLG in its discretion may immediately suspend the availability of the ISLG Solution without any notice or liability to you or any other person.
(d) License: Subject to this Section 6, ISLG grants to you: a non-exclusive, non-sublicensable, non-transferable, restricted and limited license during the Trial Period to use the ISLG Solution in accordance with the details of the Trial Subscription and Documentation regarding the ISLG Solution and the restrictions and requirements set out in this Section 6, for the sole purpose of your private, confidential, internal evaluation of the ISLG Solution.
(e) General Restrictions/Requirements: You will use the ISLG Solution in accordance with the Documentation and these Terms of Use. You will all times comply, and you will ensure that all use by or on behalf of you of the ISLG Solution, Documentation and Database Content complies, with all applicable laws. You will not: (a) use, or provide or permit use of, the ISLG Solution, Database Content, or Documentation in any manner, by any means, or for any purpose that is not expressly permitted these Terms of Us; (b) attempt to circumvent the ordinary navigational structure, technical delivery systems or display of the ISLG Solution or otherwise attempt to access or use the ISLG Solution, Database Content, or Documentation by any means that is not deliberately made available for that purpose by ISLG; (c) use the ISLG Solution in a way that damages, disrupts, compromises, degrades or interferes with the integrity, functionality, operation, performance or security of the ISLG Solution, or any other system, network or data; (d) except as expressly permitted by these Terms of Use, copy, reproduce, translate, modify, enhance, or create derivative works from any ISLG Solution or Documentation; (e) except as expressly permitted by these Terms of Use, license, sublicense, grant, sell, share, transfer, assign, pledge, create an interest in, or otherwise give or make available or permit the use of the ISLG Solution, Database Content, or Documentation to or for the benefit of any person; (f) alter, attempt to circumvent, destroy, obscure or remove any notices (including trademark and copyright notices), proprietary codes or locks, means of identification, digital rights tools or management information, security or control measures or agreements on, in or in relation to the ISLG Solution, Database Content, or Documentation; (g) develop a software application for use with the ISLG Solution or Database Content; (h) reverse engineer or otherwise access or use the ISLG Solution, Database Content or Documentation to create a product or service that is competitive with the ISLG Solution or any other product or service offered by ISLG, or a product or service using similar ideas, features or functions; or (i) permit, assist or encourage any other person to: (1) do any of the foregoing in this Section 6(e); or (2) commit any act or omission that would be a breach of these Terms of Use if committed by or on behalf of you. A restriction set out in this this Section 6(e) does not apply if and to the extent, but only to the extent, that the restriction is prohibited by applicable law. For greater certainty, unless restricted by any Documentation, you may quote, excerpt and copy portions of Database Content for disclosure, use and distribution in its own work product produced in the normal course for other persons, including your clients and customers and governmental authorities, tribunals and other similar adjudicative bodies.
(f) Personnel: You are fully responsible and liable for all acts, omissions and liabilities by or on behalf of each of your personnel and their use of the ISLG Solution, Documentation and Database Content. You will ensure that each of your personnel fully complies with all of the requirements, restrictions and limitations set out or referenced in this Section 6 and the Documentation regarding the use of the ISLG Solution, Documentation and Database Content.
(g) Fees: No fees are payable in respect of a Trial Subscription.
(h) Ownership of the ISLG Solution: As between the parties, ISLG and its suppliers and licensors will at all times solely own and retain all rights, title and interest (including all intellectual property rights) in, to and associated with the ISLG Solution, Documentation and related computer systems and technologies.
(i) ISLG SOLUTION DISCLAIMER/LIABILITY EXCLUSION
(i) ACKNOWLEDGEMENT: YOU ACKNOWLEDGE THAT THE ISLG SOLUTION AND DATABASE CONTENT ARE PROVIDED UNDER THIS SECTION 6 FREE OF CHARGE AND FOR THE SOLE PURPOSE OF YOUR PRIVATE, CONFIDENTIAL, INTERNAL EVALUATION OF THE ISLG SOLUTION FOR USE BY YOU, AND THAT ISLG DOES NOT ACCEPT ANY LIABILITY TO YOU OR ANY OTHER PERSON ARISING FROM, CONNECTED WITH OR RELATING TO YOUR USE OF THE ISLG SOLUTION OR DATABASE CONTENT. YOU USE THE ISLG SOLUTION AND DATABASE CONTENT ENTIRELY AT YOUR OWN RISK.
(ii) GENERAL DISCLAIMER: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ISLG SOLUTION, DOCUMENTATION AND DATABASE CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF OR RELATING TO ACCURACY, AVAILABILITY, COMPLETENESS, CORRECTNESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, TIMELINESS OR TITLE, ALL OF WHICH ARE HEREBY DISCLAIMED BY ISLG TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OR ON BEHALF OF ISLG WILL CREATE ANY LEGALLY BINDING OR EFFECTIVE REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE.
(iii) TECHNOLOGY DISCLAIMER: WITHOUT LIMITING SECTION 6(I)(II), AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 6: (A) THE ISLG SOLUTION MIGHT NOT BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR FREE, AND MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (B) SECURITY MEASURES USED BY OR ON BEHALF OF ISLG MIGHT NOT PROTECT THE ISLG SOLUTION OR DATA STORED OR PROCESSED IN OR USING THE ISLG SOLUTIONAGAINST UNAUTHORIZED ACCESS, USE OR DISCLOSURE; AND (C) ISLG IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR USE, ALTERATION, THEFT OR DESTRUCTION OF, ANY DATA STORED OR PROCESSED IN OR USING THE ISLG SOLUTION, WHETHER THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
(iv) LIABILITY EXCLUSION: NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION 6AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ISLG GROUP BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY NATURE OR KIND WHATSOEVER (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGE OR LOSS) UNDER ANY THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY AND STATUTE) ARISING FROM, CONNECTED WITH OR RELATING TO THIS SECTION 6OR THE SUBJECT MATTER OF THIS SECTION 6 (INCLUDING THE ISLG SOLUTION AND DATABASE CONTENT), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH OR GROSS NEGLIGENCE) BY ISLG OR ANY PERSON FOR WHOM ISLG IS RESPONSIBLE, EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE FOR THE DAMAGE, LOSS OR LIABILITY, EVEN IF ISLG OR ANY OTHER PERSON KNOWS OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF THE DAMAGE, LOSS OR LIABILITY BEING INCURRED, AND REGARDLESS OF WHETHER OR NOT THE DAMAGE, LOSS OR LIABILITY WAS FORESEEABLE.
(a) Restrictions/Changes/Termination: The Website may contain technologies that restrict or limit the use of the Website (including restrictions based on time or location). ISLG in its discretion may change, suspend or terminate the Website, or limit, suspend or terminate your use of the Website, effective immediately at any time and without any prior notice or liability to you or any other person. The Website may be interrupted or unavailable from time to time, including for maintenance or due to causes beyond the control of ISLG, all without notice or liability to you or any other person. If your permission to use the Website is terminated for any reason, then these Terms of Use will continue to apply and be binding regarding your access to and use of the Website before termination and all related matters (including any related dispute).
(b) Governing Law: ISLG has its head offices in Vancouver, British Columbia. These Terms of Use and the Website and all related matters are governed by, and will be construed and interpreted solely in accordance with, the laws of the Province of British Columbia, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction.
(c) Disputes: Except as expressly set out below, and unless applicable law requires otherwise, the courts of British Columbia, Canada sitting in the city of Vancouver, British Columbia, Canada will have original and exclusive jurisdiction over any and all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms of Use or the Website or any related matter (each a “Dispute”), and you and ISLG each hereby unconditionally and irrevocably submit and attorn to the original and exclusive jurisdiction of those courts regarding a Dispute. Notwithstanding the foregoing, ISLG may commence legal proceedings against you in the courts of any jurisdiction seeking injunctive relief (or similar urgent legal remedies) to enforce these Terms of Use or to protect ISLG’s rights and interests. You will commence legal proceedings regarding a Dispute within twelve (12) months after the Dispute arises, after which time any and all legal proceedings by you regarding the Dispute will be forever barred. Any shorter time limit provided by law remains unaffected.
(d) Miscellaneous: These Terms of Use are binding on you and your heirs, executors, administrators, successors and personal representatives. These Terms of Use are for the benefit of ISLG Group. No consent or waiver by ISLG to or of any breach of these Terms of Use by you will be effective unless in writing and signed by ISLG or will be considered to be a consent to or waiver of a continuing breach or any other breach by you. The rights and remedies of ISLG Group under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which ISLG Group may be lawfully entitled under these Terms of Use or at law, and ISLG Group may pursue any and all rights and remedies concurrently, consecutively and alternatively. You will not assign or transfer these Terms of Use or any of your rights and obligations under these Terms of Use without the express prior written consent of ISLG, which consent may be withheld in ISLG’s discretion. ISLG may, without your consent, assign its rights and obligations under these Terms of Use. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be unenforceable or invalid for any reason, then the provision will be deemed severed from these Terms of Use and the remaining provisions will continue in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.
(e) Survival: Notwithstanding any other provision of these Terms of Use, each of Sections 4, 5, 6(h), 6(i) and 7, and all other provisions necessary to the interpretation or enforcement of those sections, will survive the expiration or termination of these Terms of Use and will remain in full force and effect and be binding on you and ISLG as applicable.
(f) Interpretation: In these Terms of Use: (a) a reference to “Terms of Use” refers to these Terms of Use as a whole, and not just to the particular provision in which those words appear; (b) headings are for reference only; (c) words importing the singular number only include the plural, and vice versa; (d) “person” includes an individual, corporation and any other legal entity; (e) “including” or “includes” means including or includes (as applicable) without limitation or restriction; (f) “law” includes common law, equity, statutes and regulations; and (g) “discretion” mean a person’s sole, absolute and unfettered discretion.
(g) Complete Agreement: These Terms of Use set out the entire agreement between you and ISLG regarding your use of the Website. These Terms of Use may not be modified except as set out in section 1(c). There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and ISLG regarding the Website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.
(h) Language: You and ISLG have each expressly requested and required that these Terms of Use and all related notices and other documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais. Subject to applicable law, any non-English translation of these Terms of Use provided by ISLG is for convenience only, and if there is a conflict or inconsistency between the English version and a non-English version then the English version of these Terms of Use will take priority and govern.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE.
