Terms & Conditions

General Terms and Conditions for Use of the LexisNexis® Quicklaw™ Services

The following “General Terms and Conditions” govern your use of the LexisNexis® Quicklaw™ services (the “Online Services”) and the materials available therein (“Materials”) made available by LexisNexis Canada Inc. (“LNC”):

1.1 You are granted a nonexclusive, non-transferable, limited licence to access and use for research purposes the Online Services and Materials from time to time made available to you. This licence includes for each identification holder:

(a) The right to electronically display Materials retrieved from the Online Services to no more than one person at a time, subject to the Supplemental Terms for Specific Materials;

(b) The right to obtain a printout of Materials via printing commands of the Online Services and to create a single printout of Materials downloaded via downloading commands of the Online Services or any applicable web browser (collectively, “Authorized Printouts”);

(c) The right to retrieve via downloading commands of the Online Services or any applicable web browser and store in machine readable form for no more than ninety (90) days, primarily for one person's exclusive use, a single copy of insubstantial portions of those Materials included in any individually searchable content source selection available in the Online Services to the extent storage of such Materials is not further limited or prohibited by the Additional Terms (defined in Section 1.7 below);

1.2 To the extent permitted by applicable copyright law and not further limited or prohibited by the Additional Terms, you may make copies of Authorized Printouts and distribute Authorized Printouts and copies. In addition, you may deliver print or electronic copies of Materials as part of court or administrative tribunal filings.

1.3 Except as specifically provided in Sections 1.1 and 1.2, you are prohibited from printing, downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials retrieved from the Online Services. You may not print or download Materials without using the printing or downloading commands of the Online Services or any applicable web browser. All access to and use of the Online Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Online Services is strictly prohibited. Use of the Online Services is permitted only via manually conducted, discrete, individual search and retrieval activities.

1.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to LNC or its third party suppliers of Materials. You acquire no proprietary interest in the Online Services, Materials, or copies thereof. LNC makes no claim to ownership of copyright in text that is in the public domain or is subject to Crown Copyright, but you agree nevertheless not to download, print or use such materials except in accordance with the terms and conditions set forth herein.

1.5 You may not use the Online Services or Materials in any fashion that infringes the copyrights or proprietary interests therein.

1.6 You may not remove or obscure the copyright notice or other notices contained in Materials.

1.7 Other provisions that govern your use of Materials are set forth in the Supplemental Terms for Specific Materials, the online descriptions of sources, online notices following source selection, and individual documents retrieved from the Online Services (collectively, the “Additional Terms”), all of which are incorporated by reference into these General Terms and Conditions.

2.1 Only Authorized Users may access and use the Online Services. “Authorized User” means an individual for whom the subscribing organization requests, and LNC issues, an LNC identification number (“LNC ID”). Only the subscribing organization’s partners, members, employees, temporary employees, and contractors are eligible to be Authorized Users. The subscribing organization agrees that each LNC ID may only be used by the Authorized User to whom it is assigned and may not be shared with or used by any other person, including other Authorized Users. The subscribing organization will manage its roster of Authorized Users and will promptly notify LNC to deactivate an Authorized User’s LNC ID if the Authorized User no longer works for the subscribing organization or the subscribing organization otherwise wishes to terminate the Authorized User’s access to the Online Services. The subscribing organization is responsible for all use of the Online Services accessed with LNC IDs, including associated charges, and for use of the Online Services by temporary employees and contractors to the same extent as if they were the subscribing organization’s employees. The subscribing organization will implement policies and procedures to prevent unauthorized use of LNC IDs and will promptly notify LNC, in writing, if it suspects that an LNC ID is lost, stolen, compromised, or misused.

2.2 For academic users, “Authorized Users” shall also mean and include the following individuals located in Canada (“Authorized Academic Users”):

2.2.1 Full time faculty members and professional librarians employed at any law school or a university or college in Canada offering Criminology, Library Science or Paralegal programs;

2.2.2 Sessional and Part-Time Lecturers and Review Counsel teaching in qualifying programs in Canada may become Authorized Users during their current teaching semester;

2.2.3 Students enrolled in law schools or selected degree programs (i.e., Criminology, Library Science, and selected graduate programs) at a university, college, or Paralegal program located in Canada.

2.2.4 Eligibility to become an Authorized Academic User shall be determined in the sole discretion of LNC.

2.2.5 For Authorized Academic Users, the license granted under Section 1.1 above shall be limited to access and use directly related to academic coursework required by the academic institution where you are enrolled or employed.

2.3 You shall be responsible for protecting the security of passwords or codes assigned to you and for the accuracy and adequacy of selecting materials and formulating search queries.

2.4 You may not use an LNC ID, password or code assigned to you to access the Online Services from outside the country for which it was issued.

2.5 Your LNC ID may be restricted from accessing certain Materials otherwise available in the Online Services.

2.6 Materials and features may be added to or withdrawn from the Online Services and the Online Services otherwise changed without notice.

3.1 LNC represents and warrants that it has the right and authority to make the Online Services and Materials available to you pursuant to these General Terms and Conditions.

3.2 Except as otherwise provided in Section 3.1, the Online Services and Materials are provided on an “as is”, “as available” basis and LNC and each third party supplier of Materials expressly disclaim all warranties, including the warranties of merchantability and fitness for a particular purpose.

3.3 A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Online Services or any Materials available or not included therein, (b) the unavailability or interruption of the Online Services or any features thereof or any Materials, (c) your use of the Online Services or Materials (regardless of whether you received any assistance from a Covered Party in using the Online Services), (d) your use of any equipment in connection with the Online Services, (e) the content of Materials, or (f) any delay or failure in performance beyond the reasonable control of a Covered Party.

3.4 “Covered Party” means (a) LNC, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of LNC or its affiliates; and (b) each third party supplier of Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Materials or any of their affiliates.

3.5 The aggregate liability of the Covered Parties in connection with any other claim arising out of or relating to the Online Services or Materials shall not exceed the amount billed to you by LNC under the terms of this licence agreement during the twelve month period immediately preceding the event that gives rise to such claim. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may have against any Covered Party.

3.6 The Covered Parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the Online Services, Materials, or the failure of any Covered Party to perform its obligations, regardless of any negligence of any Covered Party.

4.1 These General Terms and Conditions, including the Additional Terms, may be changed from time to time by LNC immediately upon written notice to you or by written agreement. Your licence for access to the Online Services may be terminated immediately by you upon notice to LNC if any change is unacceptable. Continued use of the Online Services following the effective date of any change constitutes your acceptance of the change.

4.2 Either party may terminate the licence for access to the Online Services. The effective date of termination shall be thirty (30) days after the receipt of an appropriate written notice of termination, unless a later date is specified in the notice. LNC may suspend or discontinue providing the Online Services to you without notice and pursue any other remedy legally available to it if you fail to comply with any of your material obligations hereunder.

4.3 Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically in the Online Services by LNC. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Online Services; or on the date received, if delivered in any other manner. Notices to LNC should be sent to your Account Executive, with a copy to:

LexisNexis Canada Inc.
Attn: Finance Department
Two Gore Street
Kingston, Ontario
K7L 2L1

4.4 The failure of you, LNC or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

4.5 You may not assign your rights or delegate your duties under this licence to access the Online Services without the prior written consent of LNC, which consent shall not be unreasonably withheld.

4.6 These General Terms and Conditions and the Additional Terms shall be governed by and construed in accordance with the laws of the Province of Ontario.

4.7 Each third party supplier of Materials has the right to assert and enforce these provisions directly on its own behalf as a third party beneficiary.