Date of last Update: November 20, 2020
1.Introduction
1.1 - These Terms and Conditions (“Terms”) shall
be binding on all those persons who visit, view, access, browse, surf, register
or use (collectively the “Use”) our
website www.lextodoc.com including its sub-domains, website pages,
hyperlinks and mobile optimized version, if any (“Website”) or our Practice
Management Software (CRM) (the “Software”) as available at the Website. The Website and the Software are owned by Fromtofor
Inc., a corporation
incorporated under the laws of Canada, having its registered address at 8108 Yonge Street, suite 210,
Thornhill ON L4J 1W4 (hereinafter
referred to as the “Company”, “we,” “us” or “our”).
Any ancillary terms, guidelines, the Privacy Policy and other documents made
available by the Website from time to time and as incorporated herein by
reference shall be deemed to be an integral part of the Terms.
1.2 - The Terms constitute a legally binding agreement between you as the visitor, viewer, accessor, browser,
surfer, customer or user of the Website (hereinafter referred to as “you”,
“your” or “User”) and the Company concerning your
Use of the Website.
2 - Acceptance of the Terms
2.1 - Each time by Using the Website or submitting any
content or material therein you agree to abide by the Terms as amended from
time to time with or without your notice.
2.2 - The Company reserves the right to modify or
discontinue, temporarily or permanently, and at any time, the Website (or any
part thereof) with or without notice.
2.3 - The Company may modify the Terms from time to time and
any change to the Terms will be reflected on the Website with the updated
version of the Terms and you agree to be bound to any changes to the Terms when
you Use the Website. The Company may also, in its sole and absolute discretion,
choose to alert via email all such users whose information is available with
the Company about such modifications.
2.4 - There may be information on the Website that contains
typographical errors, inaccuracies or omissions that may relate to service
descriptions, pricing, availability and such other information and the Company
reserves the right to correct any errors, inaccuracies or omissions and to
change or update the information at any time, without prior notice.
2.5 - When you register an account on the Website and/or
upload, submit or enter any information or material in the Website, you shall
be deemed to have agreed and understood the Terms.
3 - Services and Terms of Arrangement
3.1 - The Website offers a
platform which consists of a legal professional
directory of Solicitors, Barristers, Paralegals, Immigration Consultants, and Quebec and British Columbia notaries licensed by Canada's provincial
and territorial law societies and other professional governing bodies (“Legal Professional”). In addition, the Website
also offers a database of Legal Articles, Legal job postings, Practice
Management Software (CRM), Legal Document Automation Services, Practice Specific Practice Management Solutions and such other law
related services as may be decided by the Company from time to time
(hereinafter collectively referred to as the “Services”). In regards to the
legal professional directory, the Website uses information and public profile of
legal professionals as available at the website of the provincial law
societies.
3.2 - A Legal Professional
can register an account or claim his/her existing profile on the Website and link his/her Profile to that
account.
3.3 - Whenever a Legal
Professional wishes to claim a public profile on the Website (“Profile”),
he/she shall be required to link his/her social media profile to the Website
Profile to verify such Profile. After verification, the Legal Professional
shall be able to add additional information to his/her profile and use subscription-based
premium features of the Website.
3.4 - A Legal Professional
shall not be allowed to delete basic data as available on Website which is
available at the law website of his/her relevant law society or governing body.
4 - Website Availability
4.1 - The Company shall use commercially reasonable efforts
to keep the Website up and running 24 hours a day, seven days a week; however,
the Company may carry out scheduled and unscheduled maintenance work as may be
necessary from time to time and such maintenance work may impact the
availability of the Website.
5 - Account Registration and Membership
5.1 - In order to Subscribe to our Services, you including a
Legal Professional may be required to sign up and register or claim an account with the
Website. At the time of registration of your account, you will be asked to
complete a registration form which shall require you to provide personal
information such as name, address, phone number, email address, username and
other personal information.
5.2 - Upon verification of details, Website may accept
account registration application.
5.3 - You represent, warrant and covenant that: (i) you will
use the Website for the purposes described herein; and (ii) the address you
provide when registering is your personal address.
a)You must not allow any other person to access or use
your account made at the Website.
b)You must notify us immediately by e-mail if you become
aware of any unauthorized access or use of your account.
c)You must not access or use any other person's account
unless you have that person's express written permission to do so.
6 - User IDs / Username and Passwords
6.1 - If you create an account with the Website, you will be
asked to choose a User ID and password. Your User ID must not be misleading and
must comply with the content rules set out in this document; you must not use
your account or User ID for or in connection with the impersonation of any
person.
6.2 - You shall be responsible to maintain the
confidentiality of your password and for all uses of your account, whether
authorized or unauthorized by you. You agree to immediately notify us of any
unauthorized use of your account.
6.3 - You must notify us at [email protected], if you have reason to believe that your account is no
longer secure for any reason (for example, in the event of a loss, theft or
unauthorized disclosure or use of your password).
6.4 - We will not be liable for any loss suffered by you as
a result of authorized use of your account by any third party.
6.5 - Registration data and other personally identifiable
information that we may collect is subject to the terms of our Privacy Policy.
7 - Termination of Account and Discontinuation of Use
7.1 - If
you engage in any prohibited conduct or otherwise violate any of the Terms,
your account or permission to use the Website may be terminated.
7.2 - You agree that we may, at any time and without notice
to you, suspend or revoke your access to and use of any accounts you may have on
the Website including: (i) where we determine in our sole discretion that such
action is reasonable in order to comply with legal requirements or to protect
the rights or interests of the Company or any third party; or (ii) in
connection with any general discontinuation of the Website.
7.3 - We will have no liability whatsoever on account of any
change in the Website or any suspension or revocation of your access to or use
of the Website. You may terminate your account at any time by sending us an
email at [email protected].
8 - Electronic Signature Consent
8.1 - You agree that your “Electronic Signature” to the
Terms is the legal equivalent of your manual signature for the Terms thereby
indicating your consent to do business electronically.
8.2 - By clicking on the “Accept” button in the Website, you
will be deemed to have executed the Terms electronically via your Electronic
Signature with the Company; effective on the date you first click to accept the
Terms.
9 - Electronic Delivery of Communications
9.1 - You agree to receive communications from the
Company/Website in electronic form. Such electronic communications may include,
but will not be limited to, any and all current and future notices and/or
disclosures that various laws or regulations require that we provide to you, as
well as such other documents, statements, data, records and any other
communications regarding your relationship with the Company/Website.
9.2 - You accept that the electronic documents, files and
associated records provided via your account with the Website are reasonable
and proper notice for the purpose of any and all laws, rules, and regulations
and you acknowledge and agree that such electronic form fully satisfies any
requirement that such communications be provided to you in writing or in a form
that you may keep. The Company reserves the right to require ink signatures on
hard copy documents from the related parties, at any time.
10 - User Responsibility
10.1 - Users are solely responsible for all of the
transactions conducted on, through or as a result of use of the account at the
Website.
10.2 - You agree that the use of the account at the Website
is subject to all applicable provincial and federal laws and regulations. You also
agree:
i.
not
to use the Website for illegal purposes;
ii.
not
to commit infringement of any law by using the Website;
iii. not
to copy any content contained in the Website for republication in print or
online as the same is subject to intellectual property laws;
iv. not
to create reviews or blog entries for or with any purpose or intent that does
not in good faith comport with the purpose or spirit of the Website;
v.
not
to attempt to gain unauthorized access to other computer systems from or
through the Website;
vi. not
to interfere with another person's use and enjoyment of the Website or another
entity's use and enjoyment of the Website;
vii. not
to upload or transmit viruses or other harmful, disruptive or destructive files;
viii. not
to disrupt, interfere with or otherwise harm or violate the security of the
Website, or any services, system restores, accounts, passwords, servers or
networks connected to or accessible through the Website or affiliated or linked
website;
ix. not
to use the Website in any way or take any action that causes, or may cause,
damage to the Website or impairment of the performance, availability or
accessibility of the Website;
x.
not
to use the Website in any way that is unlawful, illegal, fraudulent or harmful,
or in connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
xi. not
to access or use the Website using any robot, spider or other automated means;
xii. not
to violate the directives set out in the robots.txt file for the Website;
xiii. not
to use data collected from the Website for any direct marketing activity
(including without limitation e-mail marketing, SMS marketing, telemarketing
and direct mailing);
xiv. not
to infringe these Terms or allow, encourage or facilitate others to do the
same;
xv. not
to plagiarize and/or infringe the intellectual property rights or privacy
rights of any third party;
xvi. not
to create a link from the Website to another website or document without
Company’s prior written consent;
xvii. not
to obscure or edit any copyright, trademark or other proprietary rights notice
or mark appearing on the Website;
viii. not
to create copies or derivate works of the Website or any part thereof;
xix. not
to reverse engineer, decompile or extract the Website’s source code;
xx. not
to remit or otherwise make or cause to deliver unsolicited advertising, e-mail
spam or other chain letters;
xxi. not
to collect, receive, transfer or disseminate any personally identifiable
information of any person without consent from title holder; and/or
xxii.
not
to pretend to be or misrepresent any affiliation with the Company or any legal
entity or third party.
10.3 - In addition to the above clause, unless specifically
endorsed or approved by the Company, the following uses and activities of and
with respect to the Website are prohibited:
i.
engaging in
any automated use of the Website;
ii.
interfering
with, disrupting or
creating an undue burden on the Website or the networks or services connected
or linked thereto;
iii. attempting
to impersonate another user or person;
iv. using
the username of
another user;
v.
selling
or otherwise
transferring your profile;
vi. using
any information obtained from the Website in order to harass, abuse or harm
another person;
vii. deciphering,
decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website;
viii. attempting
to bypass any measures of the Website designed to prevent or restrict access to
the Website or any portion of the Website;
ix. harassing,
annoying,
intimidating or threatening any of the Company’s employees or agents engaged;
x.
using
the Website in any manner inconsistent with any and all applicable laws and
regulations;
xi. using
data collected
from the Website to contact individuals, companies or other persons or
entities; and/or
xii. supplying
false, untrue, expired, incomplete or misleading information through the
Website.
10.4
You also acknowledge and accept that any violation of
the aforementioned provisions may result in the immediate termination of your
account and access to the Website, without refund, reimbursement or any other credit
on our part. Access to the Website may be terminated or suspended without prior
notice or liability of the Company. You represent and warrant to us that you
have all right, title and interest to any and all content you may post, upload
or otherwise disseminate through the Website. You hereby agree to provide the
Company with all necessary information, materials and approval and render all
reasonable assistance and cooperation necessary for the Website.
11 - Ownership
11.1 - The trademarks, copyright, service marks, trade names
and other intellectual and proprietary notices displayed on the Website are the
property of or otherwise are licensed to the Company or its licensors or
affiliates, whether acknowledged (or not) and which are protected under applicable
intellectual and proprietary laws throughout the world. Respective title
holders may or may not be affiliated with us or our affiliates, partners and
advertisers.
11.2 - Nothing herein contained shall be construed as an
intent to grant you any interest in the Website in whole or in part. All
content and materials included in the Website such as images, photographs,
graphics, texts, forms, lists, charts, guidelines, data, logos, code, icons,
videos, audio and other content are public information, the property of, are
licensed to or are otherwise duly available to the Company, its affiliates, its
licensors or to the appertaining third party copyrights holder.
11.3 - You acknowledge and agree that any and all infringing
use or exploitation of copyrighted content available in the Website may cause
us, our affiliates, licensors or content providers irreparable injury which may
not be remedied solely at law and therefore our affiliates, licensors or
content providers may seek remedy for breach of the Terms, either in equity or
through injunctive or other equitable relief.
12 - Term and Termination
12.1 - The term hereof shall begin on the date that comes
first among: (i) first access to the Website; or (ii) the Company begins
providing the services described herein to you.
12.2 - The term hereof will automatically end on the earlier
date of either your: (i) account termination, deactivation, suspension,
freezing or deletion; (ii) access termination or access revocation for the
Website; or (iii) Company’s decision to make the Website no longer available
for use, at its sole and final discretion.
13 - Representation
13.1 - As a User of the Website, you are liable for the
accuracy of the information that you provide to us, including, but not limited
to, your personal and professional representation.
14 - Amendments
14.1 - The Company reserves the right to update, modify,
change or amend the Terms and/or the Privacy Policy at any time and at its sole
discretion. The Company may change the Website’s functionalities and (any)
applicable fees at any time. Any changes to the Terms will be displayed in the
Website and we may notify you through the Website or by e-mail. Please refer to
the date shown above for the date where effective changes were last made by us.
Your use of the Website after the effective date of any update – either by an
account registration or simple use – thereby indicates your acceptance thereof.
15 - No Warranty
15.1 - Neither the Company, nor its affiliates, subsidiaries,
officers, employees and agents warrant that the Website will be error-free, uninterrupted,
secure or produce any particular results; or that any listing, purchase, order,
amount, information and/or content will be current and/or valid. No warranty or
representation is made with regard to the Website or products of third parties contacted
on or through the Website. In no event shall the Company or its affiliates be
held liable for any of the foregoing.
16 - Generals
16.1 - Force Majeure. The Company will not be liable for non-delivery of services ordered by you by using your account with the Website or for
any failure of performance of its obligations as set forth herein, where such
failure arises from any cause beyond the Company's reasonable control,
including but not limiting to, electronic, power, mechanic or Internet failure,
from acts of nature, forces or causes beyond our control, including without
limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, acts of God, pandemics, war, governmental actions,
orders of domestic or foreign courts or tribunals or non-performance of third
parties.
16.2 - Severability and Waiver. If any provision of these Terms is held
unenforceable, then such provision will be modified to reflect the parties'
intention. All remaining provisions of these Terms will remain in full force
and effect. The failure or delay of either party to exercise in any respect any
right provided for herein will not be deemed a waiver of any further rights
hereunder.
17 - Governing Laws
17.1 - These Terms and Conditions shall be governed by and construed in
accordance with the laws of Canada. In relation to any legal action or
proceedings arising out of or in connection with these Terms and Conditions, the
Company or the User irrevocably submits to jurisdiction of the competent courts
of law in Canada.
17.2 - Contact. For any inquires or complaints regarding the Website,
please contact us by email at [email protected].