Last updated on July 19, 2019
By using or visiting a Lex Cortex Ltd. ("Lex Cortex", "us", "we", or "our") website, including http://www.noticeconnect.com (the "Website"), you agree to these terms and conditions (the or these "Terms").
These Terms apply to all users of the Website, including users who contribute content to the Website. You may choose to access areas of the Website that require registration. Lex Cortex will not be liable for any losses caused by any unauthorized use of your user account; however, you may be liable for the losses of Lex Cortex or others due to such unauthorized use.
We may terminate or suspend access to our Website and the services provided therein immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Suspending or terminating your access to the Website may involve the removal of content that you published on the Website. Upon termination of the Terms, the following provisions shall survive termination and continue in full force and effect: Use; Disclaimer; Limitation of Liability; and Indemnity.
All content included on the Website, such as text, graphics, logos, button icons, images, audio and video clips, and software is the property of Lex Cortex, or other parties that have licensed their materials to Lex Cortex, and is protected by Canadian and international copyright laws. Unless otherwise stated, no material from this Website or any website owned, operated, licensed or controlled by Lex Cortex may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercially exploited or distributed in any way or by any means whatsoever. The prohibited uses expressly include but are not limited to "screen scraping", "database scraping" and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
You may be able to post or upload, in designated areas of the Website, written content (collectively "User Content") to the Website. You are solely responsible for your own User Content and the consequences of posting or publishing it and agree to ensure that the User Content is correct and the posting of said content is not otherwise unlawful.
Published User Content, specifically the information in published Notices to Creditors, is wholly owned by Lex Cortex and Lex Cortex may share this information with third party firms, even after a Notice to Creditors has been removed from the Website.
In the event that you upload, use or access any data or perform any search on the Canada Will Registry ("CWR") provided by Lex Cortex, you hereby acknowledge and agree that you are solely responsible for the accuracy of the information and data provided by you in respect of the search terms and required search fields, including, without limitation, the name of the subject and your contact information. Lex Cortex does not guarantee that use of the CWR will result in a positive search result, the CWR relies upon third parties, solicitors and law firms registering data relating to the documents in their possession and any spelling errors or typographical errors may result in a negative or unsuccessful search result.
By using the CWR you hereby indemnify and save harmless Lex Cortex from the following matters to the greatest extent permitted by applicable laws: (a) the failure of any person to register with the CWR any document in their possession, (b) the provision of any inaccurate or incomplete data or information by any person to the CWR including, the user, any third party, solicitor, law firm or Lex Cortex (where contracted to do so), (c) the failure of any person to respond to an inquiry or any refusal by any person or solicitor to respond to any inquiry and (d) any subsequent data that is uploaded to the CWR after any search has been performed by any person.
All data and information posted, accessed or searched on the CWR is subject to the terms of our Supplemental Privacy Agreement (https://www.noticeconnect.com/accounts/supplemental-privacy-agreement/) which is hereby incorporated by reference and shall form an integral part of these Terms relating to the use of the CWR.
Your use of this Website is entirely at your own risk. The Website and content is provided "as is" and without warranties or conditions of any kind, either expressed or implied, including any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non- infringement. Lex Cortex does not warrant that the Website or content contained on this Website will meet your requirements or be fit for any particular purpose, be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
This Website, specifically the "Notice Connect Service", may assist you in meeting certain legislated notice requirements in your jurisdiction. It is your sole responsibility to ensure that your use of the Website meets those legislative notice requirements in your jurisdiction. Lex Cortex provides no warranties and assumes no liability with respect to the fitness of the Website for any reason or purpose. Any information provided by Lex Cortex on the Website, or through a chat operator, is provided for general information purposes and shall not constitute legal or professional advice.
Our "Creditor Dashboard Service" uses an algorithm to match User Content with certain key terms that you provide to us. This Creditor Dashboard Service is supplementary to your regular due diligence processes and Lex Cortex assumes no liability for any inaccuracies in the User Content, any unidentified matches to key terms for any reason including the failure of our algorithm, or the failed delivery to you, for any reason whatsoever, of any match.
Your use of the Website is at your sole risk. Lex Cortex, its employees, agents, officers and directors will not be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party, or (v) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website.
You agree to defend, indemnify and hold harmless Lex Cortex , its employees, agents, officers and directors from and against any and all claims, liabilities, and expenses, including legal fees and costs, arising out of your breach of any provisions contained in the Terms and as expressly set forth herein.