This version in effect since August 5, 2016.
WELCOME TO WWW.EVOLINKLAW.COM. PLEASE READ THESE TERMS CAREFULLY AS IT GOVERNS YOUR USE OF THE WEBSITE. IT EXEMPTS EVOLINK LAW GROUP AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
We may post updates or changes to these Terms from time to time. Please print and/or save a copy for your own record keeping purposes.
This Site and the law office(s) advertised therein is/are owned and operated by Simon Lin Law Corporation (dba “Evolink Law Group”). These Terms apply to your use of all of the Sites and services owned, hosted, or operated by Evolink Law Group.
- Disclaimer of Warranty and Limitation of Liability
We do NOT make any guarantees about your ability to get. Nothing on this Site is a promise or guarantee of results or future earnings, and we do not offer any legal advice on our website. For legal advice, please contact one of our lawyers at Evolink Law Group.
The terms of our DISCLAIMER are hereby incorporated into these Terms.
Any and all statements here or on any of our materials are intended to express our opinions only. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
You expressly agree that use of the Site is at your sole risk. Neither Evolink Law Group, its subsidiaries, its other affiliates, nor any of their respective employees, or agents warrant that the Site will be uninterrupted or error free. Nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Site.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EVOLINK LAW GROUP, OR ITS PRESENT OR FUTURE AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE SITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE SITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF EVOLINK LAW GROUP OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT EVOLINK LAW GROUP AND/OR ITS PRESENT OR FUTURE PARENTS AND AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITES OR ANY OTHER THIRD PARTIES.
Any content downloaded or otherwise obtained through the use of our Site is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- No Professional Advice
The information contained in or made available through the Site (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of a lawyer. We and our licensors or suppliers make no representations or warranties concerning any information offered or provided within or through the Site.
You agree to indemnify and hold harmless Evolink Law Group, its officers, members, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against all claims and expenses, including lawyers’ fees, arising out of the use of the Site by you. Evolink Law Group reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide Evolink Law Group with such cooperation as is reasonably requested by Evolink Law Group.
If any terms or provision is to any extent illegal, otherwise invalid, or incapable of being enforced, such term or provision shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
- Governing Law
These Terms shall be governed by, construed and/or interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein and shall be treated in all respects as a British Columbia contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction.
- Dispute Resolution
All disputes arising out of your use of this Site or your relationship with Evolink Law Group shall be settled in arbitration under the International Arbitration Act, RSBC 1996, c 233. The law of the seat shall be British Columbia. The arbitration shall be presided by a single arbitrator to be appointed by agreement of the parties, or failing agreement by the parties, appointed by the British Columbia International Commercial Arbitration Centre. The losing party of the arbitration shall pay all costs of the arbitration including costs incurred by the winning party for representation by counsel. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction.
- No Class Actions
You agree that you shall not assert any claim as a class, collective, or representative action. This provision shall be enforceable when the applicable law permits reasonable class action waivers and shall have no effect when the applicable law prohibits class action waivers as a matter of law. In any case, the class action waiver provision, as well as the above Dispute Resolution provision, is severable in the event any court finds it unenforceable or inapplicable in a particular case.
In the event that a court of competent jurisdiction finds the Dispute Resolution and/or the No Class Actions provisions unenforceable or inapplicable, you agree that any dispute is to be submitted to the exclusive jurisdiction of the courts in the city of Vancouver, Province of British Columbia.
- Limitation Periods
YOU AGREE THAT ANY CLAIM, DISPUTE, ARBITRATION, OR LAWSUIT MUST BE FILED NO MORE THAN SIX (6) MONTHS AFTER THE DATE THE LOSS OR DAMAGE OCCURS. YOU EXPRESSLY WAIVE ANY STATUTE OF LIMITATIONS TO THE CONTRARY.
- Intellectual Property Rights
Your use of the materials on this Site is governed by these Terms. Any attempt to copy, duplicate, reproduce, sell, trade, or resell our materials is strictly prohibited.
All materials are protected by intellectual property laws. All our materials are licensed to you under the following terms and not sold to you. We grant you a non-exclusive, revocable, non-commercial, and limited-use personal license to use our materials for your personal use in connection with the Site only. No portion of our materials may be reproduced or distributed in any form. You may print and use one copy for your personal use only.
For greater certainty, we do not warrant that the materials are not infringing any third-party intellectual property rights.
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you grant us a non-exclusive and irrevocable license to use the information in any manner we deem appropriate without any compensation to you.
We do not assume any liability for any content posted by you or any other third party users of our website.
- Third-Party Links
Occasionally, at our discretion, we may include or offer third party products or services on our Site. These third party sites have separate and independent privacy policies and terms of service. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these third party sites.
- Other Conditions, Terms, and Agreements
Some materials on our Site may require you to accept additional conditions, terms and/or agreements. These Terms are hereby incorporated into such additional conditions, terms and/or agreements. If these Terms contradict the additional conditions, terms and/or agreements, the additional conditions, terms and/or agreements prevail. However, these Terms continue to be applicable to the fullest extent possible.
Notwithstanding any other provision of these Terms, we may in our discretion change, discontinue, modify, restrict, suspend or terminate the Site or any part of it without any notice or liability to you or any other person. We may in our discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Site without any notice or liability to you or any other person.
If these Terms or your permission to access or use all or any part of the Site is terminated for any reason, then these Terms and all other then existing agreements between you and us will continue to apply and be binding upon you regarding your prior access to and use of the Site, and anything connected with, relating to or arising therefrom.
- Language of these Terms
For visitors from the province of Quebec: English Language. It is the express wish of the parties that these Terms and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.