Terms and Conditions
Welcome to Made It Legal, we’re happy you’re here. This is where we go over important policies, terms, and conditions applicable to you. Please read them carefully. If you have any questions, you can reach us at firstname.lastname@example.org or send us old fashioned mail to 3032 Parkdale Blvd NW, Calgary, AB, T2N 5B3.
Last Updated: April 3, 2020
Welcome to madeit.legal (the “Site“). Gregory Ramsay Professional Law Corporation or its affiliates or subsidiaries (“we“, “us“, “our“, and similar expressions) provide this website and the other products and services available through the Site.
By using the Site and any of its related websites or sub-domains, you agree to these conditions (the “Terms“). Please read them carefully. If you do not agree to these Terms, you should not access or use this Site. These Terms contain disclaimers and other provisions that limit our liability to you.
Ownership of the Site and your access to and use of the Site.
1. Copyright, Trademarks, and other Intellectual Property
Unless we expressly say otherwise, the Site and all text, pictures, graphics, music, sound files, bar codes, video, data, information, software (including software we provide to you as a service for a fee), files, hyperlinks, displays, digital products, and other content and materials used in or associated with the Site and the selection and arrangement of them (collectively “Content“) are our property or that of our licensors.
Our trademarks (whether registered or unregistered), trade names, service marks, graphics, and logos (collectively, the “Marks“) used in connection with the Site are our property. Other trademarks, trade names, service marks, graphics, and logos used in connection with the Site are the property of their respective owners (collectively “Third Party Marks“). The Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the applicable owner.
The Site, Content, Marks, and Third Party Marks (collectively, the “Site Materials“) are protected by Canadian (including federal and provincial) and international copyright, trademark, patent, and trade secret laws and other proprietary rights, and may have security components that protect digital information contained within them to be used only as authorized by us or the owner of the relevant Site Materials. All rights in the Site Materials not expressly granted by these Terms are reserved.
2. User License
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, limited, and revocable license to use the Site for personal or business use only in accordance with these Terms (“User License“). Any use of the Site in any other manner without our permission, including, without limitation, commercial purposes or resale, transfer, modification, or distribution of the Site or Site Materials is prohibited. Unless expressly stated, nothing in these Terms confers in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated with the Site Materials. These Terms and the User License also govern any updates to, or supplements or replacements for, the Site, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
3. Minors and Access to the Site
The Site is not targeted toward, nor intended for use by, anyone under the age of 13. You must be at least age 13 to access and use the Site. If you are between the ages of 13 and the age of majority in your province or territory of residence, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. In cases where you have authorized a minor to use the Site, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Site; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of the Site may contain material that is not meant for minors and should not be accessed by a minor.
4. Acceptable Use
Your use of the Site, any Site Materials, and any information provided by you (“User Information“), including user names and passwords, addresses, e-mail addresses, phone numbers, financial information (including credit card numbers), and other personal information you provide when you create an account on the Site, through the Site is meant to be limited to the intended functionality of the Site.
In no event may the Site be used in a manner that:
- harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- is unlawful, fraudulent, or deceptive;
- is obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, false or misleading;
- provides sensitive personal information unless specifically requested by us;
- includes mass mailings or any form of “spam” or unsolicited commercial electronic messages or any unsolicited advertising or political campaigning;
- uses technology or other means to access the Site Materials that is not authorized by us;
- uses or launches any automated system, including without limitation, “bots,” “spiders,” or “offline readers,” to access the Site or Site Materials;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- attempts to gain unauthorized access to our computer network or user accounts;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates these Terms;
- attempts to damage, disable, overburden, or impair our servers or networks;
- impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or
- fails to comply with applicable third party terms.
We reserve the right, in our sole discretion, to terminate any User License, terminate your access to the Site, remove Content, or take legal action regarding Site Materials or use of the Site that we believe is or might be in violation of these Terms or our other policies and conditions posted to the Site from time to time. Our failure or delay in taking such actions is not a waiver of our rights to enforce these Terms.
5. Software Tools
The Site may provide you with access to software to enhance your experience with the Site (“Software“), including our software-as-a-service offering made available through the Site. We reserve the right periodically to update or change the Software remotely or otherwise. You may use the Software only in connection with the Site and for no other purpose.
Software that enhances your experience of the Site may be subject to an end user license agreement or terms of service, including our own Terms of Service for our software-as-a-service offering available through the Site. Your use of the Software is subject to any such license or terms of service and you agree to abide by the terms of such license or terms of service in respect of your use of the Software.
For Software not accompanied by a separate license agreement or terms of service, you are granted a revocable, non-exclusive, non-transferable license by us or our licensors to use the Software (and any corrections, updates, and upgrades thereto) solely in connection with your use of the Site. You may not make any copies of the Software. You agree that the Software is confidential information of us or our licensors and that you will not disclose or use the Software except with our prior written consent. You further agree that we, including our suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations, or specifications.
6. Third Party Content, Sites, and Products and Services
We may provide third party content on the Site (including embedded content) or links to third party web pages, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content“) as a service to those interested in this information. We do not control, endorse, or adopt any Third Party Content. Including a link to Third Party Content in our Site does not imply we have an affiliation with, or endorse any site or any information contained in, such Third Party Content, and we can make no guarantee as to its accuracy or completeness.
You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and we undertake no responsibility to update or review such Third Party Content. You agree to use such Third Party Content at your own risk. When you visit other sites via Third Party Content or participate in promotions or business dealings with third parties, you should understand that our Terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site. You must comply with any applicable third party terms when using the Site.
7. Errors, Inaccuracies, and Omissions; Modifications to the Site
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions, including related to: products; service descriptions; software service tiers and features; promotions and contests (including the details and availability of any prizes or rewards); and other details such as pricing, offers, and availability of products and services featured on or available through the Site. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time without prior notice. We undertake no obligation to update, amend, or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
We reserve the right to modify or discontinue, temporarily or permanently, the Site in whole or in part without prior notice and you agree that we will not be liable for any modification, suspension, or discontinuance.
8. Links to or Away from the Site
You are granted a limited, non-exclusive right to create hyperlinks to the Site for non-commercial purposes, provided such links do not portray us in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time.
You may not use our Marks to link to our Site without our express written permission. Further, you may not use any of our Marks or other proprietary information, including the images found at the Site, the text or the layout or design of any page, or any form contained on a page on the Site, without our express written consent. Except as noted above, you are not given any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right we have or those of any third party.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of websites linking to the Site. Such sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites.
9. User Accounts
Certain features made available on the Site may require registration or subscription and an account. Should you choose to register or subscribe for an account, you agree to provide accurate and current information about you during the registration or subscription process, and to promptly update such information as necessary so that it is accurate and complete. You are responsible for protecting your account and passwords and for all use of your account by you and other users (authorized or not). You must notify us immediately if you suspect unauthorized use of your account. You agree that we may rely on any changes you make to your account (such as requested changes to your services) and shall not be responsible for any errors or omissions in any changes you incorrectly request through your account. We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
We reserve the right at any time to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms.
Sales and commerce
We offer a range of products or services, and sometimes additional terms may apply to them, including our sales and services terms and conditions we provide to you at the time of a transaction with you. In such cases, you also will be subject to the guidelines, terms, conditions, and agreements applicable to those products or services (“Sales Terms“). If these Terms are inconsistent with the Sales Terms, the Sales Terms will control.
All descriptions of products or services pricing is subject to change at any time without notice, at our sole discretion. We reserve the right to limit the sales or quantities of our products or services to any person, geographic region, or jurisdiction at any time, or to discontinue them at any time. We may exercise this right on a case-by-case basis. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of our products or services.
You may need to provide a valid payment method to access our products or services made available to you through the Site. If there is a problem charging your selected payment method, we may charge any other valid payment method you have given us.
Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
Software as a Service
We provide software-as-a-service (“Software Service“) to users that sign up for our Software Service available through our Site and accept our Terms of Service. Access to our Software Service is subject to agreeing to our Terms of Service. Our Terms of Service apply to all service tiers of our platform, including the free plan we make available to our users. Even though we advertise and display our Software Service on the Site, your access to it is also subject to payment of the fees associated with access to the service from time to time, as set out in the Terms of Service.
Please see our Terms of Service for more details.
No Lawyer-Client Relationship
The Site and the Content contains information and materials concerning legal issues and topics. While we take reasonable measures to ensure the Content is current as of its original date of publication on the Site, the Content is provided solely for informational purposes and not as a substitute for legal or other professional advice.
You agree that we are not engaged in a solicitor-client relationship or providing legal advice to you by making the Site, Content, or Software Service available to you , and that your access to or use of the Site, Content, or Software Service does not create any lawyer-client relationship between you and us. We will only have a solicitor-client relationship with you subject to our written agreement and your agreement to a legal services agreement with us. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content or Software Service. You are advised to seek specific legal advice by contacting us (or your own legal counsel) in relation to your specific legal issues.
Contests and promotions
We may occasionally run contests, sweepstakes, promotions, giveaways, prizes, and similar activities (“Contests“) through the Site. Contests are subject to their own terms and conditions as stated in the description of the Contest.
All Contests are subject to applicable law, including any applicable eligibility restrictions. Depending on the laws of the location in which you reside, you may not be able to participate in Contests and in such circumstances, you agree to not participate in or access the Contest through the Site. We may also feature Contests of third parties on our Site where we feel such Contests are of interest to our Site visitors and users. All such third party Contests are considered Third Party Content for the purposes of these Terms.
Data and communications
2. Electronic Communications
When you use the Site to send us messages, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Site or through its communication functions. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Reviews, Comments, Communications, and Other User Created Content
You and other visitors to the Site may be able to post reviews, comments, photos, files, and other content, send communications, and submit suggestions, ideas, questions, or other information (“User Content“) to the Site. You and others may post User Content to the Site if it does not violate the Terms. We do not control, take responsibility for, or assume liability for any User Content or for any loss or damage to or resulting from User Content.
We reserve the right (but do not assume the obligation) to remove or edit User Content, but we do not regularly review posted User Content. The interactive areas of the Site are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and User Content you choose to post may be displayed publicly. You are solely responsible for your use of the Site and agree to use the interactive areas of it and view User Content at your own risk.
If you become aware of User Content that you believe violates the Terms, you may report it to us. Enforcement of these Terms, however, is solely in our discretion and absence of enforcement in some instances is not a waiver of our right to enforce the Terms in other instances.
You are solely responsible for creating backup copies and replacing any User Content you post or store on the Site at your sole cost and expense. If you are viewing the Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to take reasonable security precautions, such as ensuring you are sufficiently disconnected and logged off the Site and the computer system you are using to prevent unauthorized User Content.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to us that you grant in these Terms. We do not claim ownership or control over any User Content, except as otherwise provided in these Terms, on the Site, or in a separate agreement. However, by submitting or posting User Content on the Site, you grant us and our designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up, and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you release us and our shareholders, partners, employees, contractors, agents, officers, and directors from any claims that such use, as authorized here, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
One or more patents owned by us or others may apply to the Site, the Software Service, the services provided through the Site, or other features or aspects of the Site and Software Service. Portions of the Site and any related products and services may operate under license of one or more patents.
2. Notice for Making Claims of Copyright Infringement
If you believe any material available via the Site infringes a copyright you own or control, you may file a notification of such infringement with us. Any notice of infringement should include the following information:
- A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
3. Feedback and Ideas That You Give Us
Separate from the User Content you provide, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials, or other information about us, our Site, and our products or services (collectively, “Ideas“) through the Site or otherwise. The Ideas you submit are voluntary, non-confidential, gratuitous, and non-committal. Please do not send us Ideas if you expect to be paid for them or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes. You must also inform us if you have a pending or registered patent relative to the Idea.
You represent and warrant that your Idea is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant the rights to us that you grant according to these Terms.
By submitting your Idea, you grant us and our designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up, and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and we shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you release us and shareholders, partners, employees, contractors, agents, officers, and directors from any claims that such use violates any of your rights.
We shall own exclusive rights, including all intellectual property rights, to any work we create or have created from the Idea or a similar idea of our own.
Indemnity and limits on liability; Disputes
You agree to defend, indemnify, and hold harmless us, our parent entities, our subsidiaries, and any of our affiliated companies, our independent contractors, service providers and consultants, and their respective shareholders, partners, employees, contractors, agents, officers, and directors (“Indemnitees“) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) (“Claims“) that arise from or relate to your use or misuse of the Site, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Site. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by an Indemnitee’s sole negligence. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
2. Warranties; Disclaimers
WE ARE PROVIDING THE SITE AND SOFTWARE SERVICE TO YOU “AS IS” AND YOU ARE USING THE SITE AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
3. No Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SHAREHOLDERS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS (A) BE LIABLE TO YOU WITH RESPECT TO USE OF THE SITE, THE CONTENT, THE SOFTWARE SERVICE, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF OUTSIDE OF OUR CONTROL, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES; OR (B) BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT, OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF THEIR FEATURES. YOUR SOLE REMEDY IS TO CEASE USE OF THE SITE. YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS IN WHOLE OR IN PART AS CONTEMPLATED BY THESE TERMS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
Any dispute or claim arising out of or relating to these Terms or use of the Site and your relationship with us or any of our subsidiary, parent, or affiliate companies (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be resolved by binding arbitration. For all disputes, you must first send a written description of your claim to us to allow us an opportunity to resolve the dispute. Each of us agrees to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.
The arbitration of any dispute or claim shall be conducted and finally resolved in accordance with the rules of the Canadian Arbitration Association (“CAA”), including the CAA’s Arbitration Rules (as applicable), as modified by these Terms. Any arbitration will be held in a reasonably convenient location in Alberta or at another mutually agreed location. The arbitration will be conducted in the English language unless otherwise mutually agreed by us in writing or otherwise required by law. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law.
Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
Unless otherwise prohibited by law, you agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.
1. Governing Law and Jurisdiction
These Terms and use of the Site are governed by the laws of Alberta and the federal laws of Canada applicable therein, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void, you irrevocably consent to the exclusive jurisdiction of the courts in Alberta, Canada for purposes of any legal action arising out of or related to the use of the Site or these Terms.
By using the English version of the Site, the parties acknowledge and agree that they have required that this Agreement be prepared in the English language. En utilisant la version anglaise de les sites, les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, toterminate your User License to use the Site and to block or prevent your future access to and use of the Site. Our failure or delay in taking such actions is not a waiver of our rights to enforce these Terms.
We reserve the right to change or modify these Terms or any of our other policies related to use of the Site or Software Service at any time and at in our sole discretion by posting revisions on the Site. You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including changing these Terms by posting revisions on the Site. Continued use of the Site following such changes or modifications to the Terms or other policies means you have accepted such changes or modifications.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Any questions, complaints, or claims regarding the Site should be directed to email@example.com.
Software Terms of Service
Last Updated: April 3, 2020
Thank you for signing up to use our self-serve legal document creation software service known as “Made It Legal” made available to you on madeit.legal or through any other website owned, operated, or controlled by us (collectively, the “Site“). Please read these terms and conditions (the “Terms of Service“) carefully. By using the Service (as defined below) or signing up for an Account (as defined below), you are agreeing to these Terms of Service, which means you will be in a legal agreement with Gregory Ramsay Professional Law Corporation, the company that operates the Service, and our affiliates or subsidiaries, as applicable (“we”, “us”, “our”, and similar expressions).
Know the Difference between Legal Self-Help Services and Legal Advice & Lawyer Representation
- Legal Self-Help Tools are different from Lawyer Services. We have two levels of offerings: (1) a self-serve legal document creation software service made available through the Site in which no legal advice is offered and no solicitor-client relationship is created (the “Service“); and (2) separate lawyer services offered through a Legal Retainer Agreement agreed to between you and us in which legal advice and representation may be given and a solicitor-client relationship created (“Lawyer Services“).
- The Service is a software service that allows you to access self-help legal tools; it is not legal advice or lawyer representation. Our Service gives you a software tool that helps you make your own legal documents. This includes all our self-directed legal document creation tools on the Site that allow you to create, upload, access, edit, share, and store documents you create through your Account (“Documents“). Our Service is designed and meant to be based on your own input and direction, not ours. Your Documents are created based on your own input and decisions. The Documents you create are not reviewed by a lawyer before or after you download them or otherwise access them through the Service. While we aim to provide high-quality tools, templates, and legal information for you, when using the Service we do not review any information you provide us for legal accuracy or sufficiency, make any legal conclusions, provide opinions about your selection of forms or documents or answers to any of the questions that guide you when creating Documents, or apply the law to the facts of your situation. We do not have a lawyer review the Documents you create on your own through our Service. Our Service is not a substitute for legal advice from a qualified lawyer licensed to practice in your jurisdiction. By using our Service, you agree and understand that you do not have a solicitor-client relationship (otherwise known as a lawyer-client relationship) with us. You represent yourself in any legal matter you undertake through our Service.
- Getting legal advice through Made It Legal Lawyer Services and creating a solicitor-client relationship is subject to a Legal Retainer Agreement. We are an Alberta law firm and offer Lawyer Services regarding Alberta legal matters when we agree to provide them in a standalone, separate legal retainer letter (a “Legal Retainer Agreement“) agreed to between you and us in which we state we will provide legal advice to you and agree to a solicitor-client relationship. Lawyer Services are not provided unless we enter into a Legal Retainer Agreement with you and are subject to the terms of the Legal Retainer Agreement. While we are happy to offer Lawyer Services when we enter into a Legal Retainer Agreement with you, we follow the rules set by the law societies of the provinces of Canada in which we offer our Lawyer Services. Those rules include directions on conflicts of interest and we generally cannot offer a Legal Retainer Agreement or Lawyer Services when there is a conflict of interest. An example of a conflict of interest is when we have a solicitor-client relationship with someone that has an adverse legal interest with you. Before we offer Lawyer Services to you, we will first make sure there are no conflicts of interest that would get in the way and follow the other rules set by the law societies of the provinces in which we operate. We are very happy to speak with you about a Legal Retainer Agreement and do not charge a fee to explain our Lawyer Services to you. We encourage you to write to us at firstname.lastname@example.org to set up a time to talk more about our Lawyer Services.
Account and Availability of the Service
- To access and use the Service, you must register for an account with us through the registration process on our Site, through our authorized support personnel, or the other means of creating an account provided to you through the Service (an “Account“). To create an Account, you may need to provide your full legal name, current address, phone number, a valid email address, and any other information we require. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You must be the older of 18 years or the age of majority in the jurisdiction where you reside and from which you use the Service to open an Account.
- You may not sign up for, or have any access to, an Account if doing so would violate any applicable laws or regulations of Canada or the laws and regulations of any jurisdiction applicable to you.
- By signing up for an Account, you represent and warrant that you meet the conditions for having an Account with us and acknowledge that we are relying on this representation and warranty. If you sign up for an Account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms of Service on its behalf.
- You acknowledge that we will use the email address you provide when you open an Account or as updated by you from time to time as the primary method for communication with you.
- You are responsible for keeping your Account secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account, including any password or single sign-on integration you use to access your Account.
- If your Account is inactive for 12 or more months, we may terminate the Account. Once your Account is terminated, whether by you or us, you acknowledge and agree that we may permanently delete your Account and all the data associated with it.
- In the event of a dispute regarding Account ownership, we have the right to request documentation to determine the appropriate Account ownership. Documentation may include things such as a scanned copy of your government issued photo identification or the account number associated with a connected service or account, such as an account associated with any method of payment we have for you. We have the right to determine, in our sole judgment, who the rightful Account owner is and transfer an Account to that person. If we are unable to reasonably determine the rightful owner of an Account, without prejudice to our other rights and remedies, we have the right to temporarily disable an Account until you and the other party in the dispute have resolved the question of who is the rightful owner.
- Technical support regarding the Service is only provided to Account holders and their authorized representatives through the support tools and contact methods provided through the Service and on the Site.
Access to the Service is subject to these Terms of Service and other Terms and Conditions
- Any new features or tools which are added to the current Service shall be also subject to the Terms of Service and the Additional Terms.
- You can review the current version of the Terms of Service and Additional Terms at any time at the Site or within the Service. You acknowledge and agree that we may amend these Terms of Service at any time by posting an updated version on the Site or in the Service. All such amendments to the Terms of Service or any applicable Additional Terms are effective as of the date of posting. Your continued use of the Service after the amended Terms of Service are posted means you have agreed to the changes. If you do not agree to any changes to the Terms of Service or any applicable Additional Terms, do not continue to use the Service.
- A breach or violation of any term in the Terms of Service or the Additional Terms, as determined in our sole discretion, may result in an immediate termination of your access to the Service and your Account.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time. Not all Service features are available in every jurisdiction and we are under no obligation to make any Service or features available in any jurisdiction. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any market segment.
- Questions about the Terms of Service should be sent to email@example.com.
Privacy, Content, and Data
- We do not claim any intellectual property rights over User Materials. Your User Materials remain yours and you are responsible for your User Materials. You represent and warrant that for the duration of these Terms of Service, you have (and will have) all the rights necessary for your User Materials that are uploaded, stored, or shared on or through the Service and that the collection, use, and retention of your User Materials will not violate any law or rights of others. You are responsible for compliance of the User Materials with any applicable laws or regulations and these Terms of Service.
- We may, but have no obligation to, remove User Materials and suspend or terminate Accounts if we determine in our sole discretion that the User Materials violate these Terms of Service. We do not pre-screen User Materials and it is in our sole discretion to refuse or remove any User Materials from the Service at any time. You can remove your User Materials at any time by deleting your Account.
- To the extent necessary to provide the Service to you and others, to protect you and the Service, and to improve our products and services, you grant us a worldwide and royalty-free intellectual property license to use your User Materials, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools your User Materials on the Service. If you publish your User Materials in areas of the Service where it is available broadly online without restrictions, your User Materials may appear in demonstrations or materials that promote the Service or be displayed as intended by the Service. You agree to allow others to view your User Materials that you post publicly.
- While you maintain ownership over your User Materials, we own and reserve all rights to information, data, and other content that is derived by or through the Service, including from processing Data and User Materials, that is sufficiently different from your User Materials or Data that it cannot be reverse engineered or otherwise personally identifiable.
- Applicability. Not all of our Services require a payment for access. However, if a part of or the whole of our Service requires payment for access, we will tell you before you may access that part of the Service. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
- Charges. If there is a charge associated with a portion of the Service, you agree to pay that charge in the currency specified. The price stated for the Service excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Account was registered unless local law requires a different basis for the calculation. We may suspend or cancel the Service if we do not receive an on time, full payment from you. Suspension or cancellation of the Service for non-payment could result in a loss of access to and use of your Account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card. Please contact your bank for details.
- Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You agree to permit us to use any updated payment account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your Account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
- Billing. By providing us with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for the Service or available content using your payment method; and (iii) authorize us to charge you for any paid feature of the Service you choose to sign up for or use while these Terms of Service are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
- Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly), you agree that you are authorizing recurring payments, and payments will be made to us by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by us. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing us to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account, or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments“). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, we or our service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee, and process any such payment as an Electronic Payment.
- Online Statement and Errors. We will provide you with an online or emailed billing statement. If we make an error on your bill, you must tell us within 90-days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund, unless otherwise required by law. If we identify a billing error, we will correct that error within 90-days. This policy does not affect any statutory rights that may apply.
- Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
- Cancelling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your Account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
- Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the time-frame communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
- Promotional Offers. From time to time, we may offer Services for free for a trial period. We reserve the right to charge you for such Services (at the normal rate) if we determine (in our reasonable discretion) that you are abusing the terms of the offer.
- Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 30 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
- Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous over-payment.
- Bank Account Payment Method. You may register an eligible bank account with your Account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a Canadian-based financial institution that supports automated clearing house (“ACH”) entries). Terms you agreed to when adding your bank account as a payment method in your Account also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize us (or our agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Account. Contact us as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these terms.
- The Service or material or products offered through the Service may be unavailable from time to time, may be offered on a limited basis, or may vary depending on your region. If you change the location associated with your Account, whether temporarily or permanently, you may need to re-acquire the material that were available to you in your previous region.
- We strive to keep the Service up and running; however, all online services suffer occasional disruptions and outages, and we are not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your User Materials or Data that you have stored. We recommend that you regularly backup your User Materials and Data that you store on the Service.
General Rules and Abuse
- You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction (if applicable), or the federal and provincial laws of Canada generally. You will comply with all applicable laws, rules, and regulations in your use of the Service.
- You may not use the Service to promote or incite harm toward others or in a way that promotes hateful, discriminatory, or harassing content. We may suspend or terminate your Account if, in our sole opinion, you are using the Service in a way that, directly or indirectly, violates this section.
- You agree to not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
- The Service allows you to send certain communications to others by electronic means (“Electronic Communications“). You will only use the Electronic Communications features in the Service in compliance with these Terms of Service and the laws of the jurisdiction from which you send messages and in which your messages are received, including any “anti-spam” laws and regulations.
Copyright, Trademark, and other Intellectual Property Matters
- Unless we expressly say otherwise, the Service and all text, pictures, graphics, music, sound files, bar codes, video, data, information, software, files, hyperlinks, displays, patents, and other content and materials used in or associated with the Service and the selection and arrangement of them (collectively “Content“) are our property or that of our licensors.
- Our trademarks (whether registered or unregistered), trade names, service marks, graphics, and logos (collectively, the “Marks“) used in connection with the Service are our property. Other trademarks, trade names, service marks, graphics, and logos used in connection with the Service are the property of their respective owners (collectively “Third-Party Marks“). The Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of us or the applicable owner.
- The Service, Content, Marks, and Third-Party Marks are protected by Canadian (including federal and provincial) and international copyright, trademark, patent, and trade secret laws and other proprietary rights, and may have security components that protect digital information contained within them to be used only as authorized by us or the owners of them. All rights not expressly granted by these Terms of Service are reserved.
- We have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your Account and use of the Service to promote the Service.
- It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing on our own. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that you give us a royalty-free, irrevocable, transferable right, and license to use all reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to us in connection with your use of the Service (collectively, “User Submissions“) in however manner we desire and for whatever purpose, including without limitation, to copy, modify, delete, adapt, publish, translate, create derivative works from, sell, profit from, or distribute such User Submissions or incorporate such User Submissions into any form, medium, or technology (including the Service) throughout the world.
- We are under no obligation to compensate you in any way for User Submissions, to maintain any User Submissions in confidence, or to respond to any User Submissions. You agree that any User Submissions submitted by you to us will not violate the right of any third-party, including without limitation, copyright, trademark, privacy, or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to us will be or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
Limitation of Liability, Indemnity, and other Disclaimers
- To the maximum extent permitted by law, you acknowledge and agree that (i) you assume full responsibility for any loss that results from your use of the Service, (ii) we and, as applicable, our parent company, subsidiaries, affiliates, partners, members, officers, directors, agents, employees, contractors, and suppliers (collectively, “Indemnitees“) will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages, and (iii) in any calendar month, our total liability to you arising under or in connection with the Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be no more than the greater of what you paid us for the Service in the preceding month or $100. For the avoidance of doubt, in no instance will we or our Indemnitees be liable for any losses or damages you suffer if you use the Service in violation of these Terms of Service, regardless of whether we terminate or suspend your Account due to such violation.
- To the maximum extent permitted by law, we provide the Service “as is”. This means that, except as expressly stated in these Terms of Service, we do not provide warranties, conditions, or undertakings of any kind in relation to the Service, either express or implied. This includes warranties of merchantability, performance, and fitness for a particular purpose, which are, to the fullest extent permitted by law, excluded from the Terms of Service. Since those who use our Service do so for a variety of reasons, we cannot and do not guarantee that it will meet your specific needs.
- Indemnity is an agreement to compensate someone for a loss. You agree to indemnify and hold us and our Indemnitees harmless from any losses, including legal fees and expenses, that directly or indirectly result from any claims you make that are not allowed under these Terms of Service due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us and our Indemnitees harmless from any losses, including legal fees and expenses, that directly or indirectly result from (i) your content (including User Materials), (ii) your use of the Service, (iii) your violation of any laws or regulations, (iv) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms of Service, (v) any misrepresentations made by you, or (vi) a breach of any representations or warranties you have made to us.
- Your violation of these Terms of Service may cause irreparable harm to us and our Indemnitees. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms of Service (meaning we may request a court order to stop you).
- If we must provide information in response to a demand for discovery, subpoena, court order, or other legal, governmental, or regulatory inquiry related to your Account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
- We are not responsible for the behavior of any third parties, linked websites, or other users of the Service.
- We are not liable for any delays or failure in performance of any part of the Service from any cause beyond our control. This includes changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, unexplained events, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
- These Terms of Service are governed by the laws of Alberta and the federal laws of Canada applicable therein, without resort to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You irrevocably consent to the exclusive jurisdiction of the courts in Alberta, Canada for purposes of any legal action arising out of or related to these Terms of Service.
- By using the English version of the Site, the parties acknowledge and agree that they have required that this Agreement be prepared in the English language. En utilisant la version anglaise de les sites, les parties reconnaissent avoir exigé que la présente convention soit rédigée en anglais.
- For purposes of these Terms of Service: (a) the words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) the words “herein”, “hereof”, “hereby”, “hereto” and “hereunder” refer to the Terms of Service as a whole; and (d) whenever the singular is used, the same will include the plural, and, whenever the plural is used, the same will include the singular, where appropriate. The definitions given for any defined terms will apply equally to both the singular and
plural forms of the terms defined.
- All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns, and legal representatives. We are permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations, to any third-party without our prior written consent, to be given or withheld in our sole discretion.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal, or unenforceable in any respect, then such invalidity, illegality, or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal, or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
- Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and us and govern your use of the Service and your Account, superseding any prior agreements between you and us (including any prior versions of the Terms of Service).
- The headers and any sidebar text are provided only to make these Terms of Service easier to read and understand. The fact that we wrote these Terms of Service will not affect the way our agreement with you is interpreted.
- Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Site. Any notice to us will be effective when delivered to us at the addresses we post for general communication to us on our Site.
- These Terms of Service and any Additional Terms you have agreed to make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. This section shall survive any termination of the Terms of Service. Where there is a conflict between these Terms of Service and the Additional Terms, the Additional Terms will control to the extent of the conflict.
- Even if these Terms of Service are terminated, the following sections will continue to apply: Privacy, Content, and Data; Copyright, Trademark, and other Intellectual Property Matters; Limitation of Liability, Indemnity, and other Disclaimers; any sections regarding compliance with laws, choice of law, or severability; and any other terms which expressly or by their nature ought to survive the termination of the Terms of Service.