OsgoodePD Terms of Use for Online Content – Licence Agreement

If you have any questions about these services, please contact Customer Service at OsgoodePD.ca or telephone: 416.597.9724 or 1.888.923.3394 (toll-free in Canada)

York University as represented by OsgoodePD (hereinafter “OsgoodePD”) , by purchasing OsgoodePD content (the “Product”), you agree to be bound by the terms of use contained within this Licence Agreement (the “Licence”). 

1. Grant of Licence

Purchasing online content contains proprietary, copyrighted information, documentation, computer code, and other materials (the “Product”). As between OsgoodePD and you, OsgoodePD retains title to and ownership of all rights in and to the Product, including copyright and all other intellectual property rights. In exchange for payment OsgoodePD grants you a non-exclusive, non-transferable licence to use the Product as permitted by section 2.

2. Terms of Use

Unless a bulk/group Product is purchased, images/files/copies of the course materials or program may not be distributed, in electronic or print form. Without prior written consent from OsgoodePD, you may not:

  • distribute or make available the Product or any portions of it to other parties whether inside or outside your organization (this includes not publishing or posting the Product or any portions of it on an internet site accessible by parties inside or outside your organization);
  • make available any username or password associated with use of the Product to other parties, whether inside or outside your organization;
  • reproduce, publish, sell, rent, loan, lease, sub-licence, transfer, market, distribute, redistribute, or otherwise part with the Product or portions of it, in electronic or print form, except as permitted in this Licence; or
  • decompile, reverse engineer, or disassemble the Product, or create any derivative works based on the Product.

3. Termination

This Licence will terminate immediately without notice from OsgoodePD if you breach any term of this Licence.

4. Disclaimer of Warranty on Product

The Product is provided by OsgoodePD “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.

OsgoodePD 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.

OsgoodePD DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. WHILE OSGOODEPD ATTEMPTS TO ENSURE THAT ONLINE ACCESS AND USE OF THE PRODUCT IS SAFE, OSGOODEPD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT ITS COMPUTER SYSTEMS OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

OsgoodePD does not represent or warrant that the information contained in the Product will meet your needs. OsgoodePD does not represent or warrant that the contents of the Product are identical to the original material from which the Product was derived. OsgoodePD makes no representations, warranties or conditions with respect to any data gathered or obtained by OsgoodePD  from any source, or for present or future methodology used by OsgoodePD 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.

OsgoodePD 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 OsgoodePD.

5. Limitation of Liability

OsgoodePD WILL NOT BE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCT. OsgoodePD 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 OsgoodePD’s total liability to your organization 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 OsgoodePD harmless from and against any loss, cost, expense or damage arising out of any claim, suit, action or judgment brought against OsgoodePD 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 Licence will be governed by and construed in accordance with the laws of the province of Ontario 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 Licence, 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 Licence will remain in full force and effect.

8. Complete Agreement

This Licence represents the entire agreement between you and OsgoodePD 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

OsgoodePD reserves the right to change this Licence. Any changes will be effective upon posting (electronic or otherwise) of a revised Licence.