Optimize Legal Innovations Inc. (“us” or “we”) offers website and subscription services relating to labour and employment law (“Optimize Employment”) and pension and benefits law (“Optimize Pensions”) (collectively, “Optimize Legal”).
If you do not agree to these Terms, please do not use Optimize Legal.
1. Using Optimize Legal
Subject to the Terms, we grant you limited, non-exclusive, revocable permission to make use of Optimize Legal for the following purposes only:
- Current Awareness – keeping up-to-date on developments in employment and labour law and/or pension and benefits law in Canada (“Legal Developments”), as applicable; and
- Ongoing Research – conducting research on current and past Legal Developments for your personal use.
2. Account Registration & Use
To subscribe to and access Optimize Employment or Optimize Pensions, you must register for an account by creating a user name and password. You agree to provide accurate, complete, and current information about yourself when registering.
You are responsible for maintaining the confidentiality and security of your account information (including your user name and password) and for all activities that occur under your account. You must notify us immediately of any unauthorized use or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.
The subscription fee payable is as listed on Optimize Legal or as agreed in writing by us and you, plus any applicable sales or other tax (the “Fees”). Fees are considered incurred on the first day of each subscription period.
We will send you a monthly or, as applicable, annual invoice setting out the Fees. You agree to pay the Fees within 15 days of receipt of the invoice.
Your subscription will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current subscription period.
We are entitled to unilaterally increase the Fees by providing you with 30 days written notice of such increase. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use Optimize Legal after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from Optimize Legal prior to the price change going into effect.
Payment is accepted by cheque (annual only) or major credit card using a secure third-party payment-processing service. If applicable, you agree that we may charge the fee and other charges (including applicable taxes) payable by us to your credit card. We are not responsible for any charges incurred from exceeding your credit limit.
If you wish to dispute any charges, you must give us written notice at email@example.com within 10 days of receiving the monthly invoice or in the case of automatic payment of the charge being applied to your credit card, failing which the charges will be deemed to be accurate.
You are responsible for paying to us any costs, including lawyers’ fees, incurred by us in collecting any unpaid amounts owed to us by you.
4. Trial Subscription
You may access Optimize Employment or Optimize Pensions on a discounted trial basis for 30 days (a “Trial”) subject to these Terms. At the end of the 30 day period, unless you have agreed to a paid subscription in accordance with the Fees set out in section 3, your access to Optimize Legal will automatically be terminated.
We own all right, title and interest in Optimize Legal and the Content including all copyright, intellectual property and other proprietary rights of any type.
6. Usage Rules
Unless specifically authorized by us in writing, you may not:
- use Optimize Legal for any purpose that is unlawful;
- use, or otherwise permit the use of, Optimize Legal on any device that you do not own or control;
- distribute or make Optimize Legal available over a network where it could be used by multiple devices at the same time;
- try to rent, lease, assign, sell, redistribute, sublicense, transfer or otherwise grant rights in Optimize Legal to any third party;
- violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with Optimize Legal;
- copy, emulate, or create derivative works of Optimize Legal;
- republish, reproduce, post, transmit, distribute or otherwise make available Optimize Legal or the Content on a network or application;
- incorporate, merge, combine or otherwise include the Content in any database, compilation or other storage means;
- download, copy, capture, scrape or otherwise obtain the Content not otherwise expressly permitted through Optimize Legal; or
- modify, change, mutilate or otherwise alter the Content.
OPTIMIZE LEGAL IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR OTHER PROFESSIONAL ADVICE OR AN OPINION OF ANY KIND. YOUR USE OF OPTIMIZE LEGAL DOES NOT CREATE A LAWYER-CLIENT RELATIONSHIP.
Optimize Legal is provided to law firms, government agencies, and companies as a tool for the cost-effective and convenient presentation of legal information. We do not warrant or guarantee that the information included in Optimize Legal is an accurate or complete summary of all Legal Developments from the applicable time period. The articles published are only current as of their original date of publication.
8. Third Party Sites
Optimize Legal may provide links to third party web sites. We do not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under our control and if you choose to access any such web site, you do so entirely at your own risk.
We cannot and do not guarantee that Optimize Legal is compatible with your computer systems or that it will be free of viruses or other destructive code. You are responsible for implementing safeguards to protect the security and integrity of your computer system.
We may terminate your access to Optimize Legal immediately, with no prior notice, if you breach the Terms.
You may terminate your account at any time by providing written notice to us, provided that upon termination, you shall be responsible for paying all of the Fees incurred up to the date of termination.
Sections 3, 5, 11, 12, 13 and 15 survive termination of this agreement.
You agree to indemnify and hold us and our directors, officers, employees, affiliates, subcontractors and agents harmless from any claim, demand or damages, including lawyers’ fees, asserted by any third party due to or arising out of your access to Optimize Legal.
12. Limitations of Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NONE OF US OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, OPTIMIZE LEGAL OR ANY CONTENT OR SERVICES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
13. No Warranties
THE CONTENT AND SERVICES PROVIDED BY US ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS, INCLUDING ANY STATUTORY, EXPRESS
OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT OPTIMIZE LEGAL WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT, THAT OPTIMIZE LEGAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS OR ERRORS IN OPTIMIZE LEGAL WILL BE CORRECTED, THAT OPTIMIZE LEGAL WILL BE FREE FROM VIRUSES, MALWARE, WORMS OR OTHER HARMFUL COMPONENTS OR THAT COMMUNICATIONS WILL BE SECURE AND/OR NOT INTERCEPTED.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING OPTIMIZE LEGAL AT YOUR OWN RISK AND LIABILITY.
14. Changes to Optimize Legal
We may in our sole discretion at any time, and with or without notice, discontinue or modify any portion or all of the features of Optimize Legal. Our doing so is neither a breach of these Terms nor a termination of this agreement.
These Terms are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of Optimize Legal by you, notwithstanding your domicile, residency or physical location. Optimize Legal is intended for use only in jurisdictions where it may lawfully be offered for use.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. These Terms, plus any other legal notices or statements posted on Optimize Legal, constitute the entire agreement between you and us with respect to the use of Optimize Legal.
If you have any questions, please contact us at firstname.lastname@example.org.