TERMS OF USE AND APPOINTMENT AGREEMENT

LAST UPDATED: JANUARY 2025

1. WEBSITE AND SERVICE TERMS

H. Khajeei Professional Law Corporation dba SK Legal including its affiliates, partners, information suppliers and their respective subsidiaries (“SK”, “Canada Legal Guidance”, “we”, “us”, or “our”) provides the content and services available on the website at www.canadalegalguidance.com (the “Website”). These terms of use and appointment agreement set forth our agreement relating to your access to and use of the Website and/or request for and receipt of legal information or guidance in connection with an appointment (each an “Appointment”) booked through the Website (this “Agreement”).

For the purpose of this Agreement: (A) “Claims” means any and all loss, liability, obligation, claim, damages (including reasonable legal fees and disbursements) of any nature whatsoever and howsoever arising, including, but not limited to, any consequential, indirect, special, punitive and/or exemplary loss or damages, whether direct or indirect; and (B) “SK Related Parties” means  SK, its affiliates and/or partners and each of their respective shareholders, directors, officers, employees, contractors, agents and professional advisors; (C) “Services” includes any and all service or product offerings of SK made available on or through the Website including, but not limited to, the Appointments and any resources made available on the Website.

For greater certainty, this Agreement governs your access to and/or use of the Website and the Services including encompassing features and content accessible on the Website and potentially other platforms offered by us and which include, but are not limited to, procuring, delivering, and managing various reports in connection with your inputs of information on the Website.

On the earlier of the date of your initial access of the Website or your initial access, review and/or use of the Services (the “Effective Date”), you are hereby representing and warrantying to us that: (1) you have legal capacity and authority to enter into this Agreement and be bound by its terms; (2) if you enter into this Agreement on behalf of another person, you are authorized to act on behalf of such person and have legal authority to enter into this Agreement on behalf of such person; and (3) you and any person that you may represent are deemed to agree to be bound by the terms and conditions set forth in this Agreement in connection with any access to and/or use of the Website or the Services. Confirmation of the same is further evidenced by your clicking of the “Continue” button, “I accept” button, “I have read and agree to the Terms of Use and Appointment Agreement” button or checkbox’s presented to you on the Website or in connection with your request for Services.

Further you agree that this Agreement is in addition to, and not in lieu or a substitute from, any of the terms and conditions that you may agree to on the Website or in connection with a Service. In addition, you acknowledge and agree that the terms and conditions relating to your use of the Website and/or the Services is subject at all times to the SK Privacy Notice (the “Policy”) as well. In the event of any conflict or inconsistency in respect of any of the foregoing with this Agreement, you agree to be bound by the provisions reflecting the highest degree of responsibility or obligation on your part.

You hereby acknowledge and agree that SK reserves the right to change, add, or remove portions of this Agreement at any time and without notice to you from time to time. Any such revisions will be effective upon being posted by us on the Website and so you agree to periodically review this Agreement on the Website to stay informed of updates.

PLEASE NOTE: THIS AGREEMENT GOVERNS THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE AND THE SERVICES INCLUDING HOW DISAGREEMENTS AND CLAIMS BETWEEN YOU AND SK ARE RESOLVED. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU AGREE YOU WILL NOT USE AND/OR ACCESS THE WEBSITE OR THE SERVICES. IF YOU DO NOT AGREE ANY OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, YOU WILL NOT SCHEDULE ANY APPOINTMENT THROUGH THE WEBSITE.

2. OPERATIVE LANGUAGE

This Agreement and the Policy is drafted in English at the request of both parties.  To the fullest extent of all applicable laws, you acknowledge and agree that by accessing the Services and/or using the Website, you are deemed to have consented to use the English language and that we may communicate with you exclusively in the English language in all respects. Without limiting the generality of the foregoing, you agree that, to the fullest extent of the law, all instructions, communications, operations and deliverables as between us and you may be furnished exclusively in the English language including, but not limited to, contracts as between you and us including this Agreement and the Policy, commercial advertising to you, catalogues, brochures, order forms, receipts, warranties, websites, social media pages and other commercial documents.

Le présent Accord et la Politique sont rédigés en anglais à la demande des deux parties.  Dans toute la mesure de toutes les lois applicables, vous reconnaissez et acceptez qu’en accédant aux Services et/ou en utilisant le Site Web, vous êtes réputé avoir consenti à utiliser la langue anglaise et que nous pouvons communiquer avec vous exclusivement dans la langue anglaise dans tous les cas. respects. Sans limiter la généralité de ce qui précède, vous acceptez que, dans toute la mesure de la loi, toutes les instructions, communications, opérations et livrables entre nous et vous puissent être fournis exclusivement en anglais, y compris, mais sans s’y limiter, les contrats comme entre vous et nous, y compris les présentes Conditions générales et la Politique, la publicité commerciale qui vous est adressée, les catalogues, les brochures, les bons de commande, les reçus, les garanties, les sites Web, les pages de réseaux sociaux et autres documents commerciaux.

3. SERVICES

The Website represents a platform dedicated to connecting experienced lawyers with individuals and businesses across Canada in order to provide accessible, affordable, pragmatic and timely legal guidance. Clients can expect to be connected directly to an experienced lawyer to respond to their legal questions. Understanding that legal challenges can often feel overwhelming and costly, we created a platform that provides individuals with the tools and guidance necessary to navigate their legal concerns confidently. Appointments scheduled by clients on CanadaLegalGuidance.com will only be held with experienced lawyers.

For clarity, Canada Legal Guidance does not provide legal advice or representation and does not act as lawyer or legal counsel of record in respect of any its clients or in connection with any of its appointments booked through this website. In many instances, the legal issues being queried will require further research, investigation, evaluation, strategic thinking and/or actions than what could possibly be permitted within a 30 minute video call. Instead, our team of experienced legal professionals aim to help guide clients of Canada Legal Guidance through the legal issue in question so that they may, more effectively, navigate the issue on their own or determine that they do, in fact, need to engage legal counsel for further support.

Our mission is to demystify the legal process and empower clients by delivering clear, concise, and actionable legal information through remote consultations at a low cost. By leveraging technology and innovation, we aim to bridge the gap between the complexities of the legal system and the people who need it most. The ultimate goal is to equip these clients with the necessary information so that they may effectively navigate the issue on their own. In some instances, further support in respect of the issue may be required, and, in such instance, Canada Legal Guidance will empower its clients by connecting them with experienced lawyers available to act as their legal counsel for such an issue.

The primary service of Canada Legal Guidance is to deliver Appointments of up to 30-minute video consultation with its clients to provide this general legal information and guidance. These consultations are priced affordably at $199.99 plus tax making them accessible to individuals and businesses seeking initial clarity on their legal issues. Further, these appointments are available in a timely manner, sometimes as soon as same day subject to availability.

We cover a broad range of legal topics, including but not limited to, business law, business sales or purchases, cease and desist letters, contract law, criminal law (coming soon), disputes about loans/debts, employment, family law (coming soon), franchisors/franchisees, immigration law (coming soon), landlord/tenant, lease agreements, personal injury (coming soon), small claims litigation (i.e. <$100,000 in value) and trademarking. Our remote-first model eliminates geographic barriers, allowing clients from rural, urban, or underserved areas across Canada to access high-quality legal guidance.

4. YOUR FUNDAMENTAL REPRESENTATIONS AND WARRANTIES TO US

By accessing and/or using the Website and the Services and scheduling an Appointment, you hereby represent and warrant the following to us and acknowledge that we are expressly relying upon these representations and warranties in agreeing to provide you with our responses during any Appointment:

  1. The Services (and our discussions in an Appointment) are for the purpose of providing general legal guidance or information. In no event does the booking of one or more Appointments mean that we are your lawyer, your legal counsel or your legal representative;
  2. You are not receiving any legal advice during any Appointment and we have no duty to you of any nature whatsoever other than to attend the Appointment and provide you with our reasonable understanding in respect of the legal issue at hand;
  3. No lawyer-client, attorney-client, advisory or fiduciary relationship is established through the use of the Website or the Services or as a result of any Appointment;
  4. Communications during Appointments are not protected by solicitor-client privilege. You should not share confidential or sensitive information during an Appointment;
  5. If we produce any documents during an Appointment or as a result of an Appointment, any and all such documents are not to be considered final products, but only drafts that may be used by you or your counsel in producing a final product. Any products or communications made by us are for guidance only. We reserve the right, at all times, to refuse to prepare or review or provide comments on any documentation requested in connection with an Appointment;
  6. If, after the Appointment, you determine that further legal assistance is required, you are responsible for independently retaining a licensed legal professional;
  7. All information provided through the Website and during the Appointment is based on the details you share and is not guaranteed to meet your specific goals or expectations;
  8. Other than your eligibility through the Money-Back Guarantee terms, you are not entitled to any refund of fees paid in any circumstance. In particular, you agree that there will be no refund of any fees paid if: (a) you fail to attend any Appointment at the chosen time; (b) you are late for any Appointment; (c) you are dissatisfied with the information provided; or (d) you feel there is a misalignment of the information provided with your personal goals;
  9. We reserve the right to cancel or decline an Appointment for any reason whatsoever (including during the Appointment itself) and at all times including, but not limited to, if we determine that we are conflicted from discussing the issue with you, if the requested query exceeds the scope of the legal guidance or information Canada Legal Guidance was established to provide or information or if the legal issue in question falls outside of our competencies. In such cases, we will notify you of the declined Appointment and your credit card will not be charged for any fees;
  10. Any legal information or guidance given to you during an Appointment is delivered “as is” without any express or implied warranties including, but not limited to, warranties that such information or guidance is correctly aligned with the law. No legal opinion is given during any Appointment; and
  11. Use of or reliance on the legal guidance or information obtained during an Appointment is at your sole risk. Any actions that you take on and after an Appointment in connection with your legal issue will not cause SK or any SK Related Parties to assume any obligation or liability to you. If you are uncertain as to the correct action to take during an Appointment or after an Appointment or require legal advice or legal representation, you must seek out and engage a lawyer to represent you and your interests.

5. USER ELIGIBILITY AND RESPONSIBILITIES

You hereby represent and warrant to us that you are at least 18 years of age and that you will not allow any person under 18 years of age to access or use the Website or the Services. As a user of the Website or the Services, you hereby agree that you are solely responsible for: (1) all use of the Services associated with your account; (2) obtaining and maintaining any equipment or services needed to connect to or access the Website or otherwise use the Services; (3) ensuring that such equipment or services are compatible with the Website and the Services; and (4) taking all necessary precautions to safeguard against any potential liabilities, risks, or claims that may arise from your use or misuse of the Website or the Services.

In using the Website and accessing the Services, you agree that you will not: (1) copy, distribute, rent, lease, lend, transfer, or make the SK platform available to unauthorized parties; (2) modify, reverse engineer, or attempt to discover the platform’s underlying source codes or algorithms; (3) create derivative works based on the platform; (4) remove or obscure any copyright, trademark, or other proprietary notices on the platform; (5) use the platform in respect of an objective in developing competitive offerings informed by way or through such use of the Website or access to the Services; and/or (6) employ automated tools, scripts or bots to access/manage the platform. You agree that a breach of any of the foregoing by you is deemed to be a material breach by you of this Agreement and you will promptly pay to us and indemnify us from any and all Claims associated, arising or related thereto including losses that we may incur.

6. REGISTRATION AND VERIFICATION

A person who is interested in an Appointment must schedule the same through the Website. Scheduling requires the input of certain mandatory information in respect of the legal issue at hand and pre-payment of the applicable fee. You will also be prompted to upload certain information and/or necessary documents to the Website. Upon successful scheduling, you will gain access to a number of booking slots available for the Appointment which you may select at your convenience. It is crucial that you provide us with accurate information in order to obtain helpful legal information and guidance.

7. DATA PROCESSING

We maintain the Policy regarding the handling of personal information. This includes data, content, or information uploaded to our platform related to the Services. By accessing the Website or using the Services, you hereby represent and warrant the following to us: (1) you have a legitimate need for scheduling the Appointment and you will only order and use Services for the purpose confirmed to us during the scheduling process (2) you will not misuse our platform to initiate vexatious or frivolous claims against others; and (3) you will keep all consultation discussions confidential and not disclose them to any unauthorized parties.

8. INTELLECTUAL PROPERTY AND LIMITED LICENSE

You acknowledge and agree that any and all Intellectual Property and/or Intellectual Property Rights arising, created, developed, derived, identified and/or arising from your access to and/or use of the Website and/or the Services, of any nature whatsoever, is and shall always remain the sole and exclusive proprietary property of SK. For the purposes of this Agreement, “Intellectual Property” means any and all intellectual property and tangible embodiments thereof, including without limitation inventions, discoveries, designs, specifications, developments, methods, modifications, improvements, processes, knowhow, show-how, techniques, algorithms, databases, computer software and code (including software and firmware listings, assemblers, applets, compilers, source code, object code, net lists, design tools, user interfaces, application programming interfaces, protocols, formats, documentation, annotations, comments, data, data structures, databases, data collections, system build software and instructions), mask works, formulae, techniques, supplier and customer lists, trade secrets, graphics or images, text, audio or visual works, materials that document design or design processes, or that document research or testing, schematics, diagrams, product specifications and other works of authorship and any and all Intellectual Property Rights claiming or covering the foregoing Intellectual Property. For the purposes of this Agreement, “Intellectual Property Rights” shall include, but not be limited to, all rights in, to and under patents, trade secrets, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority or jurisdiction including all applications and/or registrations relating to the foregoing and any and all causes of action that may have accrued in connection with the foregoing Intellectual Property and Intellectual Property Rights. You agree that the foregoing includes the SK and Canada Legal Guidance name (which is subject to a trademark application/registration), logos, designs, graphics, icons, scripts, service marks, features, functions, text, images, software, data compilations, and other distinctive brand elements, and the organization thereof. All of the Intellectual Property and Intellectual Property Rights are protected by Canadian laws and, where applicable, international laws governing copyrights and trademarks.

We might offer features that allow you to interact, contribute, or share content or your feedback on the Website or by or through SK. Any content, comments, suggestions, or materials you provide (collectively “Contributions“) are deemed non-confidential and non-proprietary and will also be deemed to be part of the Intellectual Property of SK. By providing such Contributions, you grant us the right to use, modify, reproduce, and distribute them. If you provide any feedback, comments, or suggestions to us regarding our services or platform, you agree to assign all right, title, and interest in and to such feedback to us. You further agree that we may freely use and exploit such feedback without compensation to you.

9. PLATFORM AND SERVICE UPDATES

We reserve the right to modify the features, layout, delivery, or maintenance of its platform and reports as part of our ongoing improvements and developments. While these changes are made to enhance our services, we will use reasonable efforts to ensure they do not result in any significant decrease in the utility, functionality, or integrity of our offerings to you.

10. OUR FEES AND OUR MONEY-BACK GUARANTEE

When you schedule an Appointment, there will be fees associated with the same. It is your responsibility to input correct credit card information in order to be eligible to schedule an Appointment. Please note that once you have scheduled an Appointment and it has been confirmed by SK, all fees paid are non-refundable other than through our Money-Back Guarantee (see below), regardless of the outcome or results and regardless as to whether you were late for the Appointment or could not attend at the chosen time.  

All of the Services are subject to applicable taxes and you will be responsible for payment of the same in connection with any such order of Services.

You hereby acknowledge and agree that SK reserves the right to change, add, increase and/or decrease any of the fees for any of the Services at any time. Any such revisions will be effective upon being posted by us on the Website and so you agree to periodically review this Agreement on the Website to stay informed of updates.

The Canada Legal Guidance money-back guarantee is as follows – we guarantee that, at your scheduled appointment, you will: (1) clear-up confusion associated with your legal concern; (2) receive professional insights and pragmatic legal guidance; and (3) be equipped with a step-by-step understanding that empowers you to take the next steps on your own towards solving your legal concern with confidence.

If, after your appointment, you believe that the appointment did not satisfy our money-back guarantee commitment above then you may apply for a refund of the full cost of such appointment based on the following terms and conditions:

  1. To qualify for the full-refund, you must deliver an email to “info@canadalegalguidance.com” within 24 hours of the appointment with the subject line of “REFUND REQUEST” along with your full name, the appointment date and a detailed explanation of how the appointment failed to meet the guarantee outlined above.
  2. Please note that you will not be eligible for the money-back guarantee if: (A) the feedback at the appointment did not align with your desires or desired objectives, was contrary to what you wanted to hear or included certain feedback that suggests that the law itself is unclear in a particular respect or you are dissatisfied with the outcome or results including you were told that, in such a scenario, your best steps include settlement or giving-up your cause of action; (B) you missed an appointment or were late for it or missed any part of it; (C) you provided inaccurate or insufficient information to us prior to the appointment or disclose new information to us during the appointment such that, in each case, we were unable to provide the guaranteed-scope of responses; (D) there are aspects of the legal concern which include factors outside of Canada Legal Guidance’s control; or (E) you do not provide the detailed email to us within the 24 hour period as described above. 
  3. Each such email will be reviewed by a senior representative of Canada Legal Guidance within thirty (30) days of the email request and a refund decision will be based on the explanation that you provided to us and an internal evaluation of the services that were rendered during the appointment.  
  4. If you are eligible for a refund, then we will process the refund as soon as possible after such a determination. 
  5. All decisions made by us in this respect are made in our sole discretion and are final and binding on Canada Legal Guidance and yourself absent manifest error. 

11. TERMINATION AND/OR SUSPENSION OF AN ACCOUNT

This Agreement applies between us and you on the Effective Date and until it is terminated by us in accordance with this Agreement and this Section 11. You agree that we may suspend or limit your access to the Website and/or the Services if: (1) fees aren’t paid promptly; (2) to prevent potential errors, harm, or to limit our liability; (3) if you attempt unauthorized or unlawful access or use of our platform or reports; and/or (4) for any other reason deemed necessary or reasonable determined in the sole and absolute discretion of SK including, but not limited to, your breach of any of these terms and conditions. You will be responsible for any and all fees outstanding up to the effective date of suspension, limitation and/or termination, as applicable.

12. TERMS GOVERNING ISSUE AND USE OF ELECTRONIC DOCUMENTS AND COMMUNIATIONS

You acknowledge and agree that the Website and the Services are furnished principally using the electronic transfer of commercial and administrative data from computer to computer and through the internet and may include electronic transmission of information as between us including, but not limited to, email communications (collectively, the “Electronic Activities”).

Delivery of many communications between us may occur by way of Electronic Activities. Despite taking commercially reasonable precautions, none of the SK Related Parties nor you are guaranteed absolute security. Your computer and/or network, while a part of the system, fall outside of our control and may become a weak link within the system. Despite security precautions, we cannot and do not accept responsibility for your terminal equipment. Without limiting the generality of the foregoing, you agree as follows: (1) insufficient technical knowledge and lack of security precautions can make it easier for unauthorised persons to access the system (e.g. insufficiently protected storage of data on the hard drive, file transfers, monitor emissions, etc.) and it is your responsibility to inform yourself of the necessary security precautions; (2) the possibility that the network provider (e.g. Internet service provider “ISP“) may profile your characteristics cannot be ruled out (e.g. the ISP is able to identify when and with whom you make contact); (3) there exists a potential danger that third parties may gain access to your computer during an internet session (e.g. via a Java or ActiveX application); (4) there exists a potential danger that a virus may enter your computer when you make contact externally while using a network such as the internet; (5) we do not provide technical access to documents related to the Electronic Activities, all of which remain your responsibility and you further accept that we do not accept liability for the ISP; (6) authentication of documents underlying the Electronic Activities upon receipt is your responsibility and we assume no responsibility for the accuracy and completeness of such documents. In particular, information underlying the Electronic Activities may not be used as a certificate of origin or title, genuineness or guarantee of fitness and suitability for a particular purpose; (7) we cannot be held liable for Claims which you or your agent or counterpart(s) may incur as a result of transmission errors, technical defects, system overloads, interruptions (including system related maintenance work), malfunctions, viruses, illegal intervention and malicious blocking of telecommunications installations and networks, access by third parties or other deficiencies on the part of the telecommunications equipment and network providers; (8) we do not accept liability for Claims which you incur due to non-performance of your contractual obligations vis-à-vis a third party or for indirect and subsequent damages.

For greater certainty, you acknowledge and agree that all of the Electronic Activities and any data processing associated with each may be conducted in Canada or outside of Canada and that your information may be stored within Canada or outside of Canada.

13. DISCLAIMERS

The Website and the Services are provided to you “as is” and “as available” without any representations or warranties of any kind, either express or implied. This means we exclude, for example, implied warranties of merchantability, suitability for a specific purpose, non-infringement, and any warranties arising from the course of dealing or performance concerning the Website, any content available on it, and any reports or services obtained via this Website, the Appointment or in respect of the Services.

In no event whatsoever do we guarantee to you that the Website, its content, or the Services will cater to your needs or will be provided on an uninterrupted, error-free basis, will be available on a timely, secure or free from errors basis, any results, content, or reports obtained from the Website or through the Services will be accurate, reliable, valid, or error-free, that any information or services provided will meet your expectations. It is always your responsibility to determine whether the Services are helpful for your purposes and how and what steps to take or have taken in order to complete the Services or after an Appointment.

By accessing and/or using the Website and/or the Services, you acknowledge and agree that: (1) we are not responsible for any interpretations, comments, actions or decisions you make in connection with any Appointment; and (2) under no circumstances whatsoever will we be responsible to you arising from or in connection with any such discussions.   

You agree to indemnify, defend and hold harmless SK and the SK Related Parties from and against any and all Claims so suffered or incurred arising from or in connection with any Appointments or use of the Website or access to the Services of any nature or cause whatsoever. You acknowledge that a thorough assessment of our discussions requires your own independent judgment with the context of the other knowledge in your possession and beyond reliance on just the contents of any information furnished by or through us. In some instances, you may need to engage legal counsel to represent you and your interests and you must do so if necessary.   

14. INDEMNIFICATION

YOU AND ANY PERSON USING THE WEBSITE AND/OR THE SERVICES OR FOR WHOM THE WEBSITE AND/OR SERVICES ARE USED AGREE, ON A JOINT AND SEVERAL BASIS, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SK AND THE SK RELATED PARTIES FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO (1) YOUR BREACH OR NON-COMPLIANCE OR DEFAULT WITH THIS AGREEMENT; (2) YOUR NON-COMPLIANCE WITH ANY LAWS OR REGULATIONS APPLICABLE TO YOUR USE OR ACCESS TO THE WEBSITE AND/OR THE SERVICES; (3) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTIONS OR OMISSIONS ON YOUR PART; (4) ANY DECISION OR ACTION BY YOU TO PROVIDE A COPY OF ANY DISCUSSIONS OR LEGAL GUIDANCE OR INFORMATION OBTAINED THROUGH US TO A THIRD PARTY IN VIOLATION OF THIS AGREEMENT; (5) YOUR WILLFUL, MALICIOUS OR NEGLIGENCE OR IN RESPECT OF THOSE WHO ACT FOR YOU; (6) YOUR USE OR ACCESS OF THE WEBSITE AND/OR THE SERVICES IN GENERAL; AND/OR (7) YOUR RELIANCE ON THE LEGAL GUIDANCE OR LEGAL INFORMATION OBTAINED DURING AN APPOINTMENT AND ANY SUBSEQUENT RESULTS.

BY USING AND/OR ACCESSING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THIS INDEMNIFICATION OBLIGATION ON YOUR PART IS A FOUNDATIONAL ASPECT OF OUR AGREEMENT AND THAT, WITHOUT THIS INDEMNITY IN THIS SUBSTANCE AND FORM, A SIGNIFICANTLY HIGHER FEE WOULD BE PAYABLE BY YOU TO US FOR ANY USE AND/OR ACCESS TO THE WEBSITE AND/OR THE SERVICES INCLUDING FOR THE APPOINTMENTS.

15. LIMITATION OF LIABILITY

YOUR ACCESS AND/OR USE OF THE WEBSITE AND/OR THE SERVICES DEEMS YOU TO HAVE AGREED THAT NEITHER SK NOR ANY OF THE SK RELATED PARTIES SHALL BE LIABLE FOR: (1) INTERRUPTIONS OR CESSATION OF SERVICES PROVIDED BY US; (2) DELAYS, INTERRUPTIONS, OR ACCESS DIFFICULTIES TO THE WEBSITE OR THE SERVICES; (3) NON-DELIVERY, MIS-DELIVERY; CORRUPTION, DESTRUCTION, OR ANY ALTERATIONS OF DATA; (4) ANY LOSSES OR DAMAGES INCURRED BY YOU OR AN APPLICANT DUE TO INTERACTIONS WITH THE WEBSITE, USE OF THE SERVICES, OR WITH OFF-WEBSITE LINKS PRESENT ON THE PLATFORM; (5) MALFUNCTIONS, SYSTEM FAILURES, OR COMPUTER VIRUSES ENCOUNTERED WHEN USING OUR WEBSITE OR SERVICES; (6) ANY INACCURACIES, ERRORS, OMISSIONS, OR RESULTS FROM OUR DISCUSSIONS OR THE LEGAL GUIDANCE OR LEGAL INFORMATION; AND/OR (7) ANY LOSSES, CLAIMS OR DAMAGES ARISING FROM CIRCUMSTANCES BEYOND OUR CONTROL.

IN ADDITION, YOU AGREE THAT, TO THE FULLEST EXTENT OF THE LAW, SK OR ANY OF THE SK RELATED PARTIES WILL NOT BE LIABLE, UNDER ANY LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, RELIANCE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFITS, RELATED TO OR ARISING FROM THIS AGREEMENT, THE WEBSITE OR THE SERVICES. YOU AGREE THAT THIS APPLIES EVEN IF WE OR ANY SK RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR THE OUTCOMES OF LEGAL ISSUES UNDERLYING ANY APPOINTMENT. IF YOU HAVE CONCERNS OR DISPUTES ABOUT THE DISCUSSIONS DURING ANY APPOINTMENT, YOUR EXCLUSIVE REMEDY IS TO ENGAGE INDEPENDENT LEGAL COUNSEL TO ACTUALLY REPRESENT YOU AND YOUR INTERESTS.

TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING THE QUALIFICATIONS SET FORTH ABOVE, YOU AGREE THAT, IF SK OR ANY SK RELATED PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY REASON WHATSOEVER, THE MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY OF YOUR AFFILIATES OR CUSTOMERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND RELATED PERSONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY OR OTHERWISE, WILL, IN ALL CASES, BE CAPPED AT $200.00.

YOU ACKNOWLEDGE AND AGREE THAT, BUT FOR ALL OF THE DISCLAIMERS, QUALIFICATIONS, LIMITATIONS, INDEMNITIES AND/OR MONETARY CAPS SET FORTH ABOVE, THE FEES TO BE PAID FOR THE APPOINTMENTS WOULD BE SIGNIFICANTLY HIGHER AND THAT WE ARE EXPRESSLY RELYING UPON EACH OF SUCH DISCLAIMERS, QUALIFICATIONS, LIMITATIONS, INDEMNITIES AND/OR MONETARY CAPS IN OFFERING THE APPOINTMENTS TO YOU FOR THE RATES THAT YOU HAVE TAKEN ADVANTAGE OF.

THIS AGREEMENT INCLUDING THIS SECTION 15 DESCRIBES YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR ACTION AS AGAINST SK OR ANY SK RELATED PARTY FOR ANY CAUSE OR MATTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, ACCESS OR USE OF THE WEBSITE OR THE SERVICES.

16. GOVERNING LAW

You acknowledge and agree that the use and/or access to the Website and/or the Services and any and all claims or disputes arising in respect thereof including in respect of these terms and conditions are governed, to the fullest extent of the law, by the laws of the Province of Alberta and the federal laws of Canada applicable within Alberta.

17. DISPUTE RESOLUTION

For any and all Claims and/or disputes arising in connection with the use and/or access to the Website and/or the Services and any and all Claims and/or disputes arising in respect of this Agreement, you acknowledge and agree that it must be submitted to binding arbitration in accordance with the following terms.

Any such disputes shall be resolved through binding arbitration, to be administered pursuant to the Arbitration Act (Alberta) before a single arbitrator agreed upon by the parties. If the parties cannot agree on an arbitrator within thirty (30) days after names of potential arbitrators have been proposed, then an arbitrator will be appointed by the Court of King’s Bench in Alberta in accordance with its rules after application of any one party. The arbitrator will be bound by the terms of this Agreement and shall apply the applicable rules of the Arbitration Act (Alberta). The arbitrator shall have the authority to decide any pre-hearing motions, including motions for summary judgment, and shall be empowered to grant the same remedies, relief, or outcomes as a court in Canada could grant, including legal costs and attorney’s fees, in accordance with the applicable law or laws that govern the claim. The arbitrator will issue a written explanation for their award and decision, and any award made by the arbitrator may be entered as a judgment in any court of competent jurisdiction.

You are given the right to opt-out of this binding arbitration requirement. In order to exercise this option validly, you must notify us by way of an email to info@canadalegalguidance.com within thirty (30) days of use and/or access to the Website and/or the Services, whichever is earliest. Please send a written notice clearly stating your intention to opt out of the arbitration agreement at the email set forth above. If you opt out as provided in this clause, neither you nor SK will be bound by the arbitration agreement. Opting out of the arbitration agreement has no effect on any other parts of this Agreement or the Policy, and all other provisions will remain in full force and effect. If you do not opt-out in accordance with the foregoing, you are deemed to have agreed to settle any and all claims or disputes through binding arbitration in accordance with this Section.

We both agree to maintain the confidentiality of any negotiation occurring prior to the initiation of formal arbitration. This includes, but is not limited to, all offers, promises, conduct, and statements made by either party, their agents, employees, or attorneys during these negotiations. Such information shall be treated as confidential and shall not be disclosed to any third party or used as evidence in any subsequent arbitration, litigation, or other proceedings, except where required by law.

18. INDEPENDENT LEGAL ADVICE

You agree that you: (a) have read and understand this Agreement and agree to use the Website and/or access the Services subject to this Agreement at all times; (b) enter into this Agreement voluntarily and without duress; and (c) have had the opportunity to seek and obtain advice from a legal representative regarding the implications of this Agreement. You also agree that to the extent you did not receive independent legal counsel in respect of this Agreement, you agree that you hereby waive the right, should a dispute later develop, to rely on your lack of independent legal counsel or understanding of this Agreement to avoid your obligations, to seek indulgences from SK or other parties, or to otherwise attack the integrity of this Agreement and the provisions thereof, in whole or in part.

19. ENTIRE AGREEMENT

This Agreement, together with the Policy and any and all other documents referenced herein or to be delivered in conjunction herewith, constitute the entire agreement between the parties relating to the use of the Website and/or access to the Services and supersede any prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof except as specifically set forth herein and therein.

20. MISCELLANEOUS

  1. If any term, covenant or condition of this Agreement, or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such term, covenant or condition to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Agreement shall be valid and enforced to the fullest extent permitted by law.
  2. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, administrators and assigns. No party shall assign its rights under this Agreement without the prior written consent of the other parties.  Any attempted assignment without such prior written consent shall be void and unenforceable.
  3. No amendment, supplement, modification, waiver or termination of this Agreement shall be binding upon us unless expressly described in writing and signed by us in respect of the specific section to be amended, supplemented, modified, waived or terminated. No waiver, either express or implied, by us to any term or condition of this Agreement or right to enforcement thereof shall be effective, unless such waiver is in writing and signed by us.
  4. You covenant to do and perform all such acts and things and execute all such deeds and documents as may be necessary to give effect to this Agreement.