Legal

PLEASE READ THESE TERMS AND CONDITIONS OF USE AS THEY SET OUT THE LEGAL TERMS THAT GOVERN YOUR USE OF THE WEB SITES PROVIDED BY THE FEDERATION OF LAW SOCIETIES OF CANADA, INCLUDING THE WEBSITES HOSTED AT FLSC.CA AND NCA.LEGAL (COLLECTIVELY, THE “SITE”).

Terms and Conditions for Use of the Site (“Terms and Conditions”)

The Site is provided by the Federation of Law Societies of Canada (the “Federation”) conditional on your acceptance of the terms and conditions of use set out here. By accessing, reading and making use of the Site, you agree, on your own behalf and on behalf of any entity you may be representing, to be bound by the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions, you should not use the Site.

None of the information contained or posted on the Site constitutes legal advice and you agree that it cannot be used or relied upon as such.

Changes to the Terms and Conditions

The Federation may add to or remove, modify or otherwise change any part of the Terms and Conditions at any time. Such changes will be effective when they are posted on the Site. You should check the Terms and Conditions frequently for changes by checking the date this page was last updated. If any change to the Terms and Conditions is not acceptable to you, you should discontinue your use of the Site immediately. Your use of the Site after changes to the Terms and Conditions are posted will constitute acceptance of such changes.

Changes to the Site

The Federation may eliminate, revise or suspend access to any portion of the Site at any time without notice. Without limiting the generality of the foregoing, the Federation may change the availability of any features, or otherwise change the content or information posted on the Site. The Federation reserves the right to correct any errors or omissions in any portion of the Site at any time without notice.

Ownership and Usage

The Site and its content are owned by the Federation and their respective owners and are protected by Canadian and foreign copyright and trademark laws. No part of the Site or any information or content posted on it may be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of the Federation, unless otherwise permitted by the Terms and Conditions. You are permitted to display the content of the Site on your device and to print, download and use the underlying HTML, text, audio clips, video clips or other content available to you on the Site provided that doing so is for your personal or educational use, you do not modify the content of such material and you include with and display on any such copy the Federation’s copyright notice. No other use of the Site is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the Site.

Guidelines for the Use of the Federation’s Trademarks

Without limitation, the Federation is the sole owner of all trademarks used on the Site to identify the Federation’s goods and services, including NCA^TM, NATIONAL COMMITTEE ON ACCREDITATION^TM, FLSC^TM, FEDERATION OF LAW SOCIETIES OF CANADA^TM and associated logos.

When referring to the Federation’s trademarks, you must comply with all applicable trademark laws and any guidelines put forward by the Federation from time to time, including the following:

• Use the Federation’s trademarks as adjectives, immediately followed by a descriptive term to refer to the Federation’s goods and services;
• Use proper trademark symbols, namely ^TM for unregistered marks and ® for registered marks when referring to the Federation’s goods or services;
• Visually separate your trademark or trade name from any of the Federation’s trademarks and avoid combining the Federation’s trademarks with any other trademark or trade name;
• Display the Federation’s word marks in plain block letters. In particular, avoid using stylized letters, designs or distinct colours;
• Do not use the Federation’s logos without prior approval;
• Do not use the Federation’s trademarks in your own trade name, business name, brand name, trademarks or logos;
• Do not use the Federation’s trademarks as nouns or generic / descriptive terms;
• Do not alter, hyphenate, translate or make the Federation’s marks possessive or plural.

Examples:

Individuals or entities offering tutoring services related the NCA^TM exam are only allowed to use the Federation’s trademarks in their domain names, websites and promotional material to the extent necessary to accurately identify and describe their tutoring services. They must also include the following disclaimer on their website and any material that refers to the Federation’s trademarks: “[Include your name or entity name] is not affiliated or associated with the Federation or Law Societies of Canada (FLSC) in any way. The FLSC does not endorse or approve any services or material related to the NCA^TM exam that are not directly offered by the FLSC. NCA^TM is a trademark of the FLSC.”

Some terms can be used both as trademarks and trade names. The above-noted guidelines do not apply when terms are used as trade names (i.e. to identify a business or entity) as opposed to trademarks (i.e. to identify the source of a good or service). For example, when referring to the committee that is the NCA as opposed to the exam, you may use it in a possessive manner (e.g. the NCA’s policies, the NCA’s email).

 Guidelines for the Use of Copyrighted Material related to the NCA^TM Exam

Without limitation, the Federation is the sole owner of all copyright in and to course material, exams (including sample and past exams), syllabi, guides, articles, blog posts, forms, assessments, study notes and other documents related to the NCA^TM Exam (collectively, the “Material”).

When using the Material, you must comply with all applicable copyright laws and any guidelines put forward by the Federation from time to time, including the following:

• If you offer tutoring services and you want to include any part of the Material in your own material for educational purposes, you must clearly indicate what content was taken from the Material, give proper credit to the Federation and make sure that the content is not altered in any way;
• License to use the Material depends on compliance with these Terms and Conditions (including the above-noted guidelines for the use of the Federation’s trademarks). Failure to comply with these Terms and Conditions will result in an automatic and immediate termination of said license, without prior notice. Continued use of the Material in violation of these Terms and Conditions shall constitute copyright infringement.

Linking Agreement

If you wish to link to the Site, you may do so, provided you agree to the link conditions described below (“Link Conditions”). A link may be established to the home page of the Site (“Home Page”) at https://www.flsc.ca/ or https://nca.legal/.

Link Conditions

If you link your website to the Site, you agree that you may not:

• imply that the Federation is endorsing you or your products or services;
• imply an affiliation between you or any entity you may be representing without the prior written consent of the Federation;
• misrepresent your relationship with the Federation or present false or misleading statements about the Federation, its constituent or affiliated bodies or their related activities; and
• associate such link with any content that may be considered by the Federation in its sole discretion to be distasteful or offensive.

The Federation shall not be responsible or liable for any content appearing on your website. The Federation may in its sole discretion, immediately terminate your right to link to the Site at any time and for any reason. If the Federation exercises such right, you hereby agree you will immediately remove all links to the Site and any content thereof.

By establishing a link to the Site, you will be deemed to have agreed to these Link Conditions.

Web Sites Linked to the Site

Certain web sites may be linked to the Site. The Federation is not responsible for the contents of any web site that is linked to the Site. The Federation makes no representations or warranties, and does not endorse any web site that is linked to the Site, the contents of any such web site or any of the products or services described on any such web site. The fact that a web site is linked to the Site does not imply that the Federation sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for such web site. If you decide to visit any linked web sites, you will do so at your own risk.

Disclaimer

Any use or reliance on the Site or its contents shall be at your sole risk. The Federation makes no representation or warranty of any kind regarding the site or its contents, all of which are provided on an “as is” basis. The Federation expressly disclaims all representations, warranties, conditions and endorsements, without limiting the generality of the foregoing. The Federation makes no warranty as to the accuracy, quality or completeness of the content of the Site, nor to title or non-infringement, nor to title or non-infringement, nor to the absence of any software virus or other harmful component. The Federation does not warrant that the Site will continue to operate, or will operate without interruptions or that it will be error-free. The Federation is not responsible for any changes made to the content by any third party.

Limitation of Liability

In no circumstances shall the Federation, its Council, Officers, employees or other agents be responsible or liable for any loss or damages whatsoever including (without limiting the generality of the foregoing) any direct, indirect, incidental, special, punitive or consequential damages arising from or in connection with your use of, access to, or your reliance on, or your inability to use or access the site, any content of the site, any external links on the site, any website linked to the site, or any content thereof.

Entire Agreement and Governing Law

This agreement shall be governed and construed in accordance with the laws of the Province of Ontario and constitutes the entire agreement between you and the Federation with respect to the Site and it supersedes all prior agreements with respect thereto.