Last updated March 7, 2017.
The TL;DR (Too Long; Didn’t Read)
Even if your eyes typically glaze over legalese as you quickly scroll to the bottom of the page looking for the “I Accept” button, please understand that by using the Knomos app, you adhere to these terms. Happy reading!
These Terms are a Binding Agreement
The terms and conditions stated here are a contract (the “Agreement”) between you and Knomos Knowledge Management Inc. (“Knomos”, “we”, “us”, or “our”), that applies when you access or use websites, services, mobile applications, products and content provided by Knomos, in existence now or in the future (“Knomos Services” or “Services”).
If you do not agree, please do not use the Knomos Services. 🙁
Your Use of Our Services
You may use the Knomos Services only if you are legally capable of forming a binding contract with Knomos, and only in compliance with this Agreement and all applicable local, provincial, national, and international laws, rules and regulations. Use of the Services is not available to any users previously removed by Knomos.
Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, limited, non-transferable, freely revocable licence to use the Services as permitted by the features of the Services. Knomos reserves all rights not expressly granted in the Services and Knomos Content (as defined below). Knomos may terminate this licence at any time for any reason or no reason.
We may maintain different types of accounts for different types of users. If you open a Knomos account on behalf of a law firm, organization, or other entity, then:
a) “you” includes both yourself as in individual and that entity, and;
b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
Note that this applies only if you open a Knomos account on behalf of a law firm, organization, or other entity named for that firm, organization, or entity, and not simply because you open a personal account and also happen to work for a particular firm, organization, or entity.
By providing Knomos your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. Knomos is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us, or whether such emails are not received or read.
We may also use your email address to send you other messages, such as changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out or change your user preferences in the Account Settings page. Opting out may prevent you from receiving future email messages regarding updates, improvements, or offers.
Knomos Services are only for people 13 years old and over. If you’re under 13, we’re sorry, but you’re not allowed here. If we learn that a child under 13 is using our Services we will terminate the child’s account.
Because Knomos is a shared public resource including user contributions by members of the legal community, and we want many different ideas to thrive, we need to have a few ground rules.
Knomos is committed to making Canadian public legal information freely available, which is why you can search for laws, regulations, case decisions, and user-provided legal commentary for free. However, in order to ensure the best experience for all of our users, the following uses of the Knomos Services are prohibited unless Knomos has expressly provided prior written consent:
1. Incorporating published documents into another website but masking their origin or source through framing, re-use of search processes, or any other means so as to create confusion and misrepresent the fact that the documents come from the Knomos Services;
2. External indexing of published documents by Web robots when such use is not authorized by the instructions in the robots exclusion file at <https://knomos.ca/robots.txt> or in a META tag in the HTML code of a published document, in compliance with the Robots Exclusion Protocol. Knomos reserves the right to restrict the content that public search engines are authorized to copy or index, or revoke part or all of that right at any time. Knomos presumptively does, but is under no obligation to, exclude user-generated Republished Content from the content public search engines are authorized to copy or index;
3. Use of automated mechanisms for bulk downloading or scraping of content, documents, or materials in the Knomos Services. In particular, you will not use any automated system to access Knomos Services in a manner that sends more request messages to Knomos’ servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
4. Bypassing the measures Knomos may use to prevent or restrict access, use, or copying of Knomos Services;
5. Any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure as determined by Knomos.
We reserve the right to block, at our discretion and without prior notice, any user from accessing the Knomos Services if the user misuses the website in any manner including but not limited to, placing abnormal demands on the network resources that support site operations, or uses it for illegal purposes.
By using our Services, you represent, warrant, and agree that you will not contribute any content (as further defined below under User Content) that:
1. Infringes, violates, or otherwise interferes with any copyright or trademark of another person or entity.
2. Reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it.
3. Infringes any intellectual property right of another person or entity.
4. Is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, humiliating to other people, obscene, profane, or otherwise violates any law or interferes with the rights of any person. We encourage users to speak freely on matters and people of legal and public interest, but we do not tolerate abusive behavior directed at private individuals or groups.
5. Contains a virus, Trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information.
6. Contains information that violates others’ privacy, including personally identifying or confidential information like credit card numbers, social security numbers, or non-public contact information.
7. Contains any information or content that is illegal (including but not limited to disclosure of insider information under securities law).
8. Seeks to harm or exploit minors by exposing them to inappropriate content, asking for personally identifiable details, or otherwise.
9. Contains spam, deceptive tags or links, malicious code, deceptive means to generate revenue or traffic, or otherwise misleads other users about what you’ve posted. Don’t post content with the primary purpose of affiliate marketing.
10. Involves deceptive impersonation, phishing, or other frauds.
11. Registers accounts or posts content automatically, systematically, or programmatically.
We reserve the right to erase any content in violation of these rules, and to ban the Internet Protocol address of users that post prohibited content. You acknowledge that although we reserve the right to enforce, or not enforce, these policies at our sole discretion, these policies don’t create a duty or contractual obligation for us to act in any particular manner if we become aware of prohibited content or activities.
We do our best to act fairly, but we always reserve the right to suspend accounts, block users, or remove content, in our sole discretion and without notice, for any reason, but particularly to protect our Services, infrastructure, users, and the Knomos community.
Content & Reproduction
All content is for general information purposes only. Nothing on this site is intended as legal advice to any person or legal advice on any topic. Knomos is not a law firm and the Knomos Services do not provide legal advice.
In using Knomos Services, you indicate your understanding that Knomos does not provide legal advice and is not engaging in the practice of law. Knomos is not regulated by any provincial Law Society or national bar association. There is no lawyer-client relationship between you and Knomos, regardless of whether you are a registered Knomos user.
If you need legal advice, questions should be directly referred to a practising lawyer with appropriate expertise. Please consult your jurisdiction’s Law Society lawyer referral service for information about obtaining legal advice and legal assistance as Knomos will not respond any such requests.
Public Legal Content
Public legal content is a matter of public record, and Knomos is committed to making this information more widely accessible and usable for all audiences. Subject to the following paragraph and the conditions above pertaining to prohibited use, public legal content published on the Knomos Services, such as legislation, regulations, and case decisions, can be copied, printed and used by you free of charge and without any other authorization from Knomos, provided that Knomos is identified as the source of the document.
Use of public legal content published by Knomos may be subject to additional conditions set by government bodies, such as legislatures and courts, claiming intellectual property rights relating to this content. Knomos makes an effort to indicate the existence of additional conditions on our Copyright Attributions section on each content page and as referenced in the Knomos Services, but you remain responsible for checking whether your intended use of the documents is authorized under these conditions as well as the permitted uses under section 29 of the Copyright Act and other applicable rules, including but not limited to the Reproduction of Federal Law Order and the Queen’s Printer Licence – British Columbia.
Without limiting the foregoing, under certain circumstances and at our sole discretion, Knomos may respond to requests to remove cases from public search engine results. To make such a request, either submit the details of your request using the feedback form, or email your name, contact information, the URL for the judicial opinion in question, and the reason for your request to email@example.com.
If you have reason to believe that any judicial opinion filed under seal or otherwise subject to a protective order has been published in error, please notify us immediately.
All right, title, and interest in and to Knomos Services (which includes all materials displayed on site including text, graphics, logos, tools, features, photographs, software, audio, and video, but excluding content provided by users and excluding the text of judicial cases, statutes, regulations, and other public legal content) are and will remain the exclusive property of Knomos (“Knomos Content“). Knomos Services are protected by copyright, trademark, and other laws of both Canada and foreign countries.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Knomos Services or Knomos Content.
Users may be recognized publicly on Knomos for their activities and content shared on the site. The Knomos Services may now or in the future contain data, information, and other content not owned by you, such as reputational or status indicators, ranking systems, and/or fictional property representing virtual achievements (“Knomos Property”). You understand and agree that regardless of terminology used, Knomos Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at our sole discretion.
Knomos Property is not redeemable for any sum of money or monetary value from Knomos at any time. You acknowledge that you do not own the account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of Knomos on Knomos servers, including without limitation any data representing or embodying any or all of your Knomos Property.
You agree that Knomos has the absolute right to manage, regulate, control, modify and/or eliminate Knomos Property as it sees fit in its sole discretion, in any general or specific case, and that Knomos will have no liability to you based on its exercise of such right. All data on Knomos servers are subject to deletion, alteration or transfer.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY, AND ACCOUNT CONTENT RESIDING ON KNOMOS’ SERVERS MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN KNOMOS’ SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. KNOMOS DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON KNOMOS SERVERS.
The Knomos Services are an online legal community where users can publish thoughtful legal commentary to peers, students, and others for the purpose of advancing the collective understanding, demonstrating thought leadership, and building connections in the legal community. We expect all users to contribute content with that purpose in mind.
You own the rights to the user-generated content (“User Content”) you post on the Knomos Services. We don’t claim ownership over any of it. However, by posting or transferring content to the Knomos Services, you grant us a non-exclusive, royalty-free, worldwide, revocable licence to use your User Content and to do all the things we believe, in our sole discretion, help us to provide the Knomos Services, including, without limitation, making available, communicating, editing, modifying, storing, displaying, reproducing, and distributing your User Content on the Knomos Services and make the same freely available to other users.
Knomos hereby agrees and covenants that it will not interfere, modify, change, and/or edit the content of the any contribution except to the extent required by law, technical implementation and integration with the look and feel of the Knomos Services.
The license you grant us authorizes but does not oblige Knomos to publish and use any or all of contributions made to the website and we have the right (though no obligation) to remove any User Content you post, transfer to, or republish on the Knomos Services for any reason or no reason. All User Content you post on the Knomos Services is governed by this Agreement, and any violation may result in your User Content being permanently deleted without notice.
Knomos is a legal community-driven public resource, and accessing your publicly shared contributions will always be free on our Services. We want your content to be read by the people who’ll find it most useful and interesting. This may include promoting your User Content on other online platforms and with partner companies or services for broader broadcast, distribution, or publication. We will never sell your content to third parties without your explicit permission.
You hereby authorize Knomos to publicly disclose the fact and nature of your participation on this site and to use for that limited purpose your logos, trademark and other similar identifying emblem or symbol in the context of such disclosure, including for marketing purposes.
By posting, you represent and warrant that you own or possess all the necessary rights to publish the User Content on the Knomos Services, and that to the best of your knowledge, your User Content does not contain any libellous material, and does not violate the rights of any person or persons, and does not infringe any existing copyright or conflict with any other licenses you’ve granted.
Knomos takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts, sends, or otherwise makes available over the Services. You are responsible for the User Content you submit to Knomos and assume all risks associated with it, including anyone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. You understand and agree that if a third party claims copyright infringement of any kind in respect of your User Content, that you alone shall bear, at your own costs and expense, the responsibility to resolve the copyright dispute and Knomos shall have no obligation to participate in the dispute whatsoever.
You are free to delete your User Content from our Services at any time, though there may be a delay in removing it from public view due to operational requirements. If you delete your account or User Content, it may be permanently unrecoverable.
Republishing Your Content on Knomos
If you own the content, you’re welcome to copy it from other places and publish it on the Knomos Services (and vice versa), as long as you didn’t give exclusive rights to other platforms or publishers.
Just as publishing original content on our Services indicates that you agree to allow others to view your content and distribute it with full attribution to you, republishing content that you previously published elsewhere is governed by different rules (see below).
Sharing Your Content
By publishing on the Knomos Services, you agree to allow others to view your content. You also hereby grant others the right to:
1. share, post adapt, or otherwise use Original Content for any purpose under the Creative Commons Attribution-ShareAlike 2.5 Canada license, and in accordance with the “Sharing other users’ content” section below; and
2. share, post, adapt or otherwise use Republished Content for any purpose, in accordance with the terms of this section.
Sharing Other Users’ Content
You may use content originally published by users on the Knomos Services (“Original Content”) under the Creative Commons Attribution-ShareAlike 2.5 Canada license. Your use of content republished on the Knomos Services by the copyright owner after initially having been published elsewhere (“Republished Content”) is governed by different rules. The rules relating to attribution differ depending on whether the content you’re sharing is an annotation, post, or article originally published on the Knomos Services (i.e. Original Content), or if it is Republished Content.
Original Content: If you share, post, or otherwise use Original Content outside of the Knomos Services, you agree that you will follow the Creative Commons attribution rules, including as follows:
1. You will ensure that any use clearly indicates the author names.
2. You will ensure that any use on the internet will hyperlink each author name directly back to his or her user profile on the Knomos Services.
3. You will ensure that any use on the internet includes a hyperlink directly to the original page on the Knomos Services where the Original Content appears.
Republished Content: Authors of Republished Content have provided explicit permission to post the full text of their content on the Knomos Services. Republished Content may include a hyperlink to a third-party website where that content was originally published. You can share or post Republished Content outside of the Knomos Services only in accordance with the following rules:
1. You may only post quotations or brief snippets (under two sentences), not the full text.
2. You will ensure that any use clearly indicates the author names.
3. You will ensure that any use on the internet will hyperlink each author name directly back to either his or her user profile on the Knomos Services or his or her official professional biographical page on an external website.
4. You will ensure that any use on the internet includes a hyperlink to the page on the Knomos Services where the Republished Content appears, or to a version of the post or article previously published outside of the Knomos Services.
For any other uses of Republished Content, you must obtain the express permission of the author or copyright holder. If you have any questions about sharing posts, annotations, or articles in accordance with Creative Commons or otherwise in compliance with this Agreement, including without limitation whether you’re dealing with Original Content or Republished Content, or guidance on how to add the appropriate hyperlinks, contact us at firstname.lastname@example.org.
You are solely responsible for your interactions with other users of the Knomos Services. We reserve the right, but have no obligation, to monitor disputes between you and other users. Knomos shall have no liability for your interactions with other users, or for any user’s action or inaction.
Knomos Services contain User Content from individuals and organizations unaffiliated with Knomos. Although Knomos determines who may post content, these contributions, including any embedded links that may be contained within, are not screened, moderated, approved, reviewed or endorsed by Knomos, and Knomos is not responsible or liable for the content of any member contributions posted to this site. We do not review User Content for accuracy or legal sufficiency, we do not draw legal conclusions, and we do not apply the law to any particular set of facts or situation you may encounter.
Knomos abides by Canadian and international standards with regard to user privacy protection. Knomos does not collect personal information about users without their consent, and has set up means to keep personal information confidential. Knomos retains reputable network services providers that comply with best practices in this industry’s confidentiality undertaking.
Real Identities Only
The Knomos Services foster a community of law students, lawyers, academics, and other informed users that read, share, and discuss legal commentary, linked to the text of the law itself. It is a place for thoughtful insights and discussion about the law and opportunities to connect with people interested in the same legal issues as you are.
To allow this shared legal resource to flourish, all users of the Knomos Services must use their real names and identities when participating in the Knomos Services. That means that if you register as a user of the Knomos Services (which you may be required to do to use certain features, including but not limited to creating and sharing User Content), you must provide Knomos with accurate registration information, including your real name and email address.
We reserve the right to cancel or refuse registration at our discretion, and users should expect that their subscription may be terminated without notice if we suspect a user has entered a profile name that is inaccurate, deceptive, or designed to hide the user’s true identity.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Knomos immediately of any breach of security or unauthorized use of your account. Knomos will not be liable for any losses caused by any unauthorized use of your account. You may never use another user’s account without permission.
Miscellaneous Lawyerly Provisions
Disclaimer of Warranty
Knomos puts considerable effort into maintaining our website and controlling the quality of the databases and documents we publish so as to provide a reliable source of legal information. However, Knomos and its partners make no representations or warranties of any kind with respect to the Knomos Services and make no claims as to the reliability, accuracy or integrity of the website’s content or functioning.
YOU USE THE KNOMOS SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Disclaimer of Liability
The documents published on the Knomos Services have been collected and prepared for our users’ convenience, and uniquely for informative purposes; they are in no way legal advice. Despite the care taken in preparing and maintaining our website, Knomos and its employees, managers, and other officers can in no way be held responsible for damages caused directly or indirectly by use of the Knomos Services or by their non-availability.
The Knomos Services are controlled and operated from facilities within Canada. Knomos makes no representations that the Services are appropriate or available for use in other locations or jurisdictions. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian federal, provincial, and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by Canada, or are a foreign person or entity blocked or denied by the Canadian government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in Canada.
Use of the Knomos Services is governed by the federal and provincial legislation in force in the Province of British Columbia, Canada. Any legal action against Knomos with regards to use of the Knomos Services shall be brought before the courts of the District of Vancouver in the Province of British Columbia.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Knomos without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
We May Modify this Agreement at Any Time
We may change the terms of this Agreement from time to time. Knomos may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Knomos in our sole discretion.
If a change or revision is material, as determined in our sole discretion, we’ll let you know by email, and we will update the ‘last modified’ date at the bottom of this page. The most current version of this Agreement will always be posted on our website.
We May Modify our Services at Any Time
Knomos Services may continue to change over time as we refine existing features and add more features. We do our best to provide you a reliable service, but we may change, terminate, or restrict access to any aspect of the Services, at any time, without notice. We may also remove any content from our Services at our discretion.
We Appreciate Your Feedback
Any feedback, comments, or suggestions you may provide regarding Knomos or the Knomos Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Congratulations, you made it to the end!