By accessing this website you are agreeing to be bound by the terms and conditions set out below. If you do not agree with these terms and conditions, please do not access or use this website. At any time, we may change this website, these terms and conditions, and the information contained herein, without prior notice. It is your responsibility to check these terms and conditions for changes and updates. Your continued use of this website will be deemed to be your unconditional acceptance of those changes. These terms and conditions were last updated on May 22, 2018.
No Legal Advice or Lawyer-Client Relationship
Crawley MacKewn Brush LLP (“CMB”) provides the information on this website (including, without limitation, links to other websites contained herein, hypertext links, search mechanisms, portals and documents) for general information purposes only. It is neither intended as, nor should it be considered, legal advice or opinions of any kind and may not be used for professional or commercial purposes. Neither the use of any such information, nor the transmission of materials or information to CMB by e-mail, through our website or otherwise, will establish any lawyer-client, contractual or other relationship between CMB and the user or sender. When you visit this website or use the website to contact us, you do not establish a lawyer-client relationship with CMB.
Use of Website, Disclaimer and Limitation of Liability
The information on this website is provided on an "as is" and "as available" basis without any representations, warranties or conditions, whether express or implied, statutory or otherwise, including, without limitation, any representations, warranties or conditions as to quality, accuracy, completeness, currency, fitness for a particular purpose, uninterrupted access, error free operation, or the absence of computer viruses and other harmful components or corrupted data or information.
In no event shall CMB, its partners, agents or employees be liable in connection with any loss, cost or damages whatsoever, whether direct, indirect, consequential, contingent, special, incidental, exemplary or punitive, related to or arising from this website, its non-availability, the information on it or the use thereof (including, without limitation, any defects, inaccuracies, errors or omissions in this site), including, without limitation, damages for harm to business, damages for loss of profit, business or revenues, programs or data, interruption of activities or any other pecuniary or economic loss, whether based on breach of contract, tort (including negligence), infringement of intellectual property rights, strict liability, breach of warranty, failure of essential purpose, fundamental breach, breach of a fundamental term or otherwise, even if advised of the possibility thereof or reasonably foreseeable.
CMB retains all copyright, trade-mark and other rights in all material contained on this website, including all text and graphic images. You may display on your computer, download and print copies of these materials for private non-commercial purposes, as long as the content is not modified, the source of the material is indicated, and the CMB copyright and other notices are neither removed nor modified. No portion of this material may be used or reproduced for any other purpose, or distributed, transmitted or mirrored in any form, or by any means, without the prior written permission of CMB.
For your convenience, this website may contain links to other sites which are not controlled or operated by CMB. No endorsement by CMB is intended or implied by the presence of such links. CMB shall have no liability related to or arising from such sites or the use thereof.
The laws of the province of Ontario and the laws of Canada applicable therein shall govern the use of this website and the interpretation, validity and effect of this agreement, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this website.
Personal Information We Collect
When you visit our website, use our contact form, or sign up to receive updates from us, there is some personal information that is collected from you. That information includes:
your name, phone number, mailing address and email address;
the number of shares of HVI that you owned at the close of February 5, 2018;
account preferences, such as whether you agree to let CMB provide you with updates by email; and
any other information you voluntarily send to us through our website contact form.
This information is collected and used for a number of purposes:
To provide you with information you have requested, and to keep you informed with respect to the Horizons Class Actions Suit. Your email address will be used to send you those updates IF YOU HAVE REQUESTED US TO DO SO. You can withdraw your consent for such mailings at any time by contacting us as set out below.
To manage and administer our web presence. The nature of the Internet is such that it passively and automatically collects certain information about a user’s traffic patterns, which may be linked to their Internet Protocol (IP) addresses. These are unique Internet addresses assigned to all Web users by their Internet Service Providers (ISP). Server logs record statistical information, such as visitor’s IP addresses, type of operating systems, time and duration of visit, web pages requested, and identify visitors by categories such as domains and browser types. These statistics are only used on an aggregate basis and will not contain any information that could identify you personally.
To meet legal, regulatory, security and processing requirements (such as in response to a court order), and otherwise as permitted or required by law.
If we intend to use personal information for purposes not identified to you or as set out above, these other purposes will be described to you at the time of collection or before using the information. We will not use your information for any other purpose without your consent.
Any information you send to us using our website contact form will be delivered to us via regular email. Like traditional email, this message is not sent via secure connection, so please do not send any information that you would not be comfortable sending in a regular email message.
Third Parties’ Access to Information
CMB is not in the business of selling personal information to others. We contract with third parties to fulfill certain functions on our behalf, such as providing marketing assistance, analyzing data, preparing and maintaining site content and providing customer service. These agents have access to information only as required in order to help them perform their functions on our behalf, but they are not allowed to use that information for any other purpose and must keep such information confidential.
CMB will release personal information to the appropriate law enforcement, governmental or other authorities if legally required to do so.
We store subscriber information on our website in a secure manner. We store such information in a manner not accessible to Web browsers, behind firewall and password protection, or offline.
Employees, agents and affiliates of CMB who require access to your personal information in order to fulfill their job or contractual requirements will have access to your personal information to the extent necessary to fulfill such requirements.
Upon request, CMB will allow any user to opt out of further contacts at any time. Also, upon a user’s request, CMB will use commercially reasonable efforts to functionally delete the user and his or her personal information from our database; however, it may be impossible to delete a user’s entry without some residual information because of backups and records of deletions. You can email us at Admin@HorizonsClassAction.ca to request that your information be deleted from our servers.
Crawley MacKewn Brush LLP
179 John Street
Toronto, Ontario M5T 1X4
ATTENTION: Privacy Officer