Terms Of Use
Updated October 21, 2020
Before we begin, please read the following terms and conditions of use. Use of this site and the Key Legal platform constitutes your acceptance of the following Terms and Conditions of Use.
Contractual relationship These Terms of Use (“Terms”) govern the access and/or use, by individuals who have accessed Key Legal, made a booking, registered with Key Legal and/or have a User Account or a profile in a User Account as explained below (“you”, “your”, “User”), of applications, websites, content, products and services (collectively referred to as the “Key Legal Platform”), owned and operated by Key Legal (“Key Legal”, “we”, “us”). These Terms also govern participation in Key Legal’s affiliate programs (collectively "Key Legal Programs"). For clarity, these Terms set out circumstances in which you may use the Key Legal Platform on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your booking and/or account for whom you have the legal authority to seek Legal Services as defined below (each a “Registered Dependent“).
By accessing and using the Key Legal Platform, or participating in any Key Legal Programs, you acknowledge and agree to be bound by these Terms, which establish a contractual relationship between you and Key Legal. If you do not agree to these Terms at any point, you must immediately cease accessing the Key Legal Platform and participating in any Key Legal Programs.
We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms at any time and, by using the Key Legal Platform or participating in any Programs, after the amendment of the Terms, you are agreeing to be bound by such modifications, alterations or updates. The date on which these Terms were last amended will appear at the top.
On notice to you, Key Legal may immediately terminate these Terms and/or any Key Legal Programs, and/or access to the Key Legal Platform or participation in any Key Legal Programs, or generally cease offering or deny access to the Key Legal Platform or any portion thereof and/or any Key Legal Programs, at any time, for any reason.
Authorized Lawyers, Authorized Non-Lawyer Providers, Key Legal Virtual Law Platform
Authorized Lawyers All Lawyers providing Legal Services or Informational Services, as defined below, (each an “Authorized Lawyer”) are independent, regulated legal professionals registered to practice law in a Province or Territory of Canada. Key Legal is not a legal services provider or law firm. Authorized Lawyers alone are responsible for the Legal Services and Informational Services they provide through the Key Legal Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Lawyers may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Lawyer, consult his or her profile on the register on the website of the legal regulator (in most Provinces, the “Law Society” of the Province), in the Province or Territory in which the Lawyer Practices.
Authorized Non-Lawyer Providers All non-Lawyer providers providing Legal Services or Informational Services, as defined below, (each an “Authorized Non-Lawyer Provider”) are independent, regulated legal professionals (such as paralegals or immigration consultants) registered to provide services in a Province or Territory of Canada. Key Legal is not a legal services provider. Authorized Non-Lawyer Providers alone are responsible for the Legal Services and Informational Services they provide through the Key Legal Platform.
To the extent permitted by the law in the Province or Territory in which you reside, Authorized Non-Lawyer Providers may be located in your Province or Territory or another Province or Territory of Canada. If you want information about any particular Authorized Non-Lawyer Provider, consult his or her profile on the register on the website of the regulator (in most Provinces, the “Law Society” of the Province, ICCRC-CRCIC, or named a “College”), in the Province or Territory in which the Non-Lawyer Provider Practices.
Services Authorized Lawyers and Authorized Non-Lawyer Providers may provide two kinds of services through the Key Legal Platform: legal services (“Legal Services”) and/or general information about the law and its use and applicability in Canada (“Informational Services”).
Virtual Law is the delivery of legal and other services using interactive text, audio and video technology, where the client and the Lawyer are not in the same physical location. During your Virtual Law consultation with an Authorized Lawyer or a Non-Lawyer Provider, you will be asked to provide the Authorized Lawyer or Non-Lawyer Provider certain Personal Information including Personal Legal Information (collectively referred to together as “Information”). When discussing Legal Services, information typically refers to Personal Legal Information (“PLI”), and when discussing Informational Services, Information typically refers to information that is not specifically about you, such as information in questions you would be comfortable asking of an expert during the call-in portion of a radio broadcast on legal-related matters. PLI is not required for Informational services, and we advise you to not to submit PLI in the course of accessing Informational Services.
The type of services that are available to you through the Key Legal Platform depends on your province of residence and the location you are in at the time you request the services. This is because Virtual Law is regulated by the Provinces and Territories and the rules differ or may differ from time to time, among the Provinces and Territories.
- Legal Services, Limits on Legal Services
Legal Services will only be made available to you if you are a temporary or permanent resident of a Canadian Province or Territory, whether or not physically in the Province or Territory at the time that you request the Legal Services (“Residency Requirements”). The relationship between you and an Authorized Lawyer providing Legal Services is a solicitor-client relationship. Key Legal is not a party to that relationship. The relationship between you and an Authorized Non-Lawyer Provider providing Legal Services is a provider-client relationship. Key Legal is not a party to that relationship.
There are restrictions on the Legal Services that can be provided through the Key Legal Platform. Authorized Lawyers and Authorized Non-Lawyer Providers have the discretion to refuse or discontinue the provision of Legal Services to any User at any time, including for actual or potential misuse of the Legal Services by a User.
Not a Replacement for a full legal services retainer. Please note that interaction with an Authorized Lawyer through the Key Legal Platform is not intended to take the place of a full legal services retainer. This is for summary information only. You are solely responsible for determining whether or not an established full services retainer is needed and we encourage you to seek the appropriate full-service lawyer if your needs require it.
- Informational Services. Limits on Informational Services
Informational Services are available to you whether or not you meet the Residency Requirements. Informational Services are for general educational purposes only (similar to advice that might be provided by a 3rd party expert on a phone in radio show), and are not Legal Services. The information provided will be law specific rather than client specific and will not include a legal opinion. Key Legal is not a party to your relationship with an Authorized Lawyer or an Authorized Non-Lawyer Provider providing Informational Services. Informational Services do not replace consultations with qualified relevant legal services professionals. You agree that you bear all risk associated with the use of or reliance on Informational Services, and release and hold Key Legal, Authorized Lawyers, and Authorized Non-Lawyer Providers providing Informational Services harmless from and against any claim, demand, action, cause of action, damage, loss, cost, liability or expense, including reasonable legal fees, which may be made or brought against or incurred or suffered by Key Legal or an Authorized Lawyer, or an Authorized Non-Lawyer Provider directly or indirectly as a result of, in respect of, or arising out of your reliance on Informational Services. Authorized Lawyers and Authorized Non-Lawyer Providers have the discretion to refuse or discontinue the provision of some or all Informational Services to any User at any time, including for actual or potential misuse of the Informational Services by a User and where the information being requested is not general information but in the nature of a legal opinion.
Privacy
Our collection, use, disclosure, retention and disposal and destruction of Information are governed by our Privacy Policy, located at www.keylegal.ca/web/privacy-policy/. You must review our Privacy Policy prior to agreeing to these Terms as the Privacy Policy is incorporated by reference into, and accordingly is part of, these Terms.
By authorizing someone else (a “Third Party”) to pay the fees for your Legal Services or Informational Services, as described in the section on Payment below and to the extent permitted under the section on Third Party Payment below, you are representing to Key Legal, and Key Legal will rely on your representation, that:
a. you consent to us using the email address provided to us by the Third Party to communicate with you regarding the Key Legal Platform and Legal Services and/or Informational Services;
b. disclosing the information that you have requested Legal Services to the Third Party to permit Key Legal to process payment for the Legal Services and/or Informational Services; and
c. notifying the Third Party of any changes or termination of your access to the Key Legal Platform.
By using the Services, you acknowledge the potential risks associated with virtual services. These include but are not limited to the following: although the electronic systems we use incorporate network and software security protocols to protect the privacy and security of your information, those protocols could fail causing a breach of privacy of your information.
If you have questions about our privacy program, our management of your Information, or the personal information that we disclose to Third Party payers, please contact us as set out in the Privacy Policy.
How it Works
The Key Legal Platform and Legal Services
The Key Legal Platform enables you to access the online provision of legal services from legal services providers who practice in one or more Provinces or Territories of Canada, for you. The Key Legal Platform and Legal Services will only be made available to you if you meet the Residency Requirements set out above, whether or not you are physically in your Province or Territory of residence at the time that you request Legal Services. By using the Key Legal Platform and Legal Services, you represent and warrant that you, or any Registered Dependent, meets the Residency Requirements at the time that the Legal Services are provided. You agree that the Key Legal Platform is made available solely for your personal and non-commercial use.
The Key Legal Platform also enables you to: store Information (including PLI created or compiled in the course of providing Legal Services) and to share it with Authorized Lawyers and Authorized Non-Lawyer Providers; among other documents, from Authorized Lawyers and Authorized Non-Lawyer Providers electronically. The Key Legal Platform offers optional services that Key Legal will perform on your behalf, at your direction. The information you provide when booking your appointment may be shared with Authorized Lawyers and Authorized Non-Lawyers on the Key Legal platform and by booking an appointment, you expressly consent for us to do so.
Key Legal does not make any representations or warranties about the training or skill of any Authorized Lawyer and Authorized Non-Lawyer Provider who delivers services via the Key Legal Platform. You will be assigned an Authorized Lawyer or Authorized Non-Lawyer Provider solely on the information you submit to the Key Legal Platform. You are ultimately responsible for choosing your particular Authorized Lawyers and Authorized Non-Lawyer Provider.
The Key Legal Platform and Informational Services The Key Legal Platform enables you to access the online provision of general information from Authorized Lawyers and Authorized Non-Lawyer Providers. You acknowledge and agree that the Key Legal Platform and Informational Services are made available solely for your personal and non-commercial use.
For Clarity
BY REGISTERING TO USE THE KEY LEGAL PLATFORM, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT:
1. The Key Legal Platform is a technology platform that facilitates connecting Users (and any individuals for whom they have made a booking or created a profile in their User Account) with Authorized Lawyers and Authorized Non-Lawyer Providers for the provision of Legal Services and/or Informational Services, that Key Legal is not a party to the relationship between you and any Authorized Lawyer or Authorized Non-Lawyer Providers providing Legal Services and/or Informational Services. Authorized Lawyers and Authorized Non-Lawyer Providers are independent contractors who are not employed by Key Legal or otherwise affiliated with Key Legal.
2. AUTHORIZED LAWYERS AND AUTHORIZED NON-LAWYER PROVIDERS ARE SOLELY RESPONSIBLE FOR LEGAL SERVICES AND INFORMATIONAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH STANDARDS OF CARE AND RECORD-KEEPING AND OTHER PROFESSIONAL OBLIGATIONS.
3. As with any other consultation, no results can be guaranteed or assured: your Authorized Lawyer or Authorized Non-Lawyer Provider may determine that Legal Services are not appropriate for some or all of your needs, and accordingly may elect not to provide Legal Services to you through the Key Legal Platform.
4. As with any other legal service, there are risks associated with the use of the Legal Services.
5. There are risks associated with any inappropriate reliance on Informational Services.
6. The Key Legal Platform may not permit the transmission of information in a way that allows the Authorized Lawyer or Authorized Non-Lawyer Provider to provide Legal Services or Informational Services (e.g., poor resolution of images).
7. You are responsible for providing the Authorized Lawyer and Authorized Non-Lawyer Provider with the information that he or she advises is required in order to provide you with Legal Services or Informational Services.
8. The laws that protect the privacy and security of PLI apply to Virtual Law; (again, please see our Privacy Policy).
9. The content and material appearing on the Key Legal Platform could include technical, typographical or photographic errors. Key Legal does not warrant that any of the materials provided are accurate or current (see the Section on “Content” below).
Content
None of the information or materials (collectively, excluding Legal Services, (“Content”) available through the Key Legal Platform is advice, opinion or an endorsement, representation or warranty that any particular legal material or information is safe, appropriate, or effective for you. Content is for informational purposes only. It is your responsibility to discuss any Content with your lawyer or another legal services provider prior to relying on it and any reliance on Content is at your own risk.
Ownership
The Key Legal Platform, all Contents and rights therein, except PHI, are and shall remain Key Legal’s property or the property of Key Legal’s licensors. Neither these Terms nor your use of the Key Legal Platform convey or grant to you any rights to use or reference in any manner Key Legal’s brand elements, company name, logo, product and service names, trademarks or services marks or those of Key Legal’s licensors. You are not permitted to copy or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as expressly permitted by these Terms.
Preliminaries: User Accounts
In order to use the Key Legal Platform, including obtaining Legal Services or Informational Services, you must register for and maintain an active personal account (“User Account”). You must be at least 18 years of age to create a User Account, unless you are associated with a Third Party that permits individuals under the age of 18 to create a User Account and you meet the Third Party minimum age requirement specified to you in any additional terms at the time you create the User Account. You are only permitted to request Legal Services for you or for Registered Dependents you have added to your User Account. You must create a separate “profile” for each Registered Dependent, which will include the person’s name and other personal information. Again, you are only permitted to request Legal Services for yourself or Registered Dependents. You may request Informational Services for you only.
You are responsible for all activity that occurs under your User Account, and you agree to maintain the security and secrecy of your User Account username and password at all times. Unless otherwise permitted by Key Legal in writing, you may only possess one User Account.
Restrictions
While using the Key Legal Platform, you may not, and represent and promise that you will not:
1. Remove or alter any copyright, trademark, brand elements or other proprietary notices. 2. Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Key Legal Platform except as expressly permitted by Key Legal.
3. Decompile, reverse engineer or disassemble the Key Legal Platform except as may be permitted by applicable law.
4. Link to, mirror or frame any portion of the Key Legal Platform.
5. Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Key Legal Platform, or unduly burdening or hindering the operation and/or functionality of any aspect of the Key Legal Platform.
6. Attempt to gain unauthorized access to or impair any aspect of the Key Legal Platform, or its related systems or networks.
7. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
8. Use the Key Legal Platform in a manner that violates any laws.
In addition, you agree to refrain from abusive language or inappropriate conduct when communicating with anyone through the Key Legal Platform, including Authorized Lawyers and Authorized Non-Lawyer Providers. For clarity, Key Legal has no interest in or control over any interaction that you may have with Authorized Lawyers and Authorized Non-Lawyer Providers outside the Key Legal Platform and unrelated to Legal Services or Informational Services.
Termination
As set out above, Key Legal reserves the right to terminate any User’s access or use of the Key Legal Platform at any time, for any reason. If your User Account is terminated, Key Legal will have no further obligation to provide access to the Key Legal Platform, except to the extent there is an obligation to provide you with access to your Information, or we are requested to do so, for a limited period, by an Authorized Lawyer or an Authorized Non-Lawyer Provider in connection with his or her professional obligations to you. You may deactivate your User Account at any time, for any reason, by contacting us. Please see our Privacy Policy in relation to our management of Information on the deactivation of a User Account.
Fees/Payment Options
Like certain other marketing services, use of the Key Legal platform is provided for a fee. There is one option available for payment: pay-per-use. This option is described below.
We do not charge or pay Authorized Lawyers and Authorized Non-Lawyer Providers any referral or service fees. All fees for Legal Services and Informational Services are in Canadian dollars and inclusive of all applicable taxes.
Pay-per-use option: You must pay the fees for Legal Services and Informational Services (“Fees”) at the time you request Legal Services and/or Informational Services. Key Legal will provide you with a receipt for the Fees you pay.
Third Party Payment/Coverage Key Legal is unable to process any Third Party payment or submit any insurance claims for reimbursement of fees.
Disclaimer
THE KEY LEGAL PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” KEY LEGAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KEY LEGAL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES REQUESTED THROUGH THE USE OF THE KEY LEGAL PLATFORM, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. KEY LEGAL DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR SAFETY OF LEGAL SERVICES OR INFORMATIONAL SERVICES. YOU AGREE TO ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE KEY LEGAL PLATFORM, AND ANY RISK RELATED TO THE LEGAL SERVICES AND INFORMATIONAL SERVICES.
Limitation of Key Legal’s Liability
UNDER NO CIRCUMSTANCE SHALL KEY LEGAL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING PROFESSIONAL NEGLIGENCE, PERSONAL INJURY, LOST INCOME, LOST ASSETS, LOST PROFITS OR LOST DATA, RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE KEY LEGAL PLATFORM AND/OR LEGAL SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED BY AUTHORIZED LAWYERS AND/OR AUTHORIZED NON-LAWYER PROVIDERS. KEY LEGAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS AND INDEPENDENT THIRD PARTY CONTRACTORS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE KEY LEGAL PLATFORM AND/OR LEGAL SERVICES AND/OR INFORMATIONAL SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE KEY LEGAL PLATFORM AND/OR LEGAL SERVICES AND/OR INFORMATIONAL SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY AUTHORIZED LAWYER OR ANY AUTHORIZED NON-LAWYER PROVIDER. KEY LEGAL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KEY LEGAL’S REASONABLE CONTROL. YOU AGREE THAT KEY LEGAL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO YOUR USE OF THE KEY LEGAL SITE OR THE LEGAL SERVICES AND/OR INFORMATIONAL SERVICES PROVIDED TO YOU BY AUTHORIZED LAWYERS AND AUTHORIZED NON-LAWYER PROVIDERS.
No liability for computers or networks used to access your account
Key Legal is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Key Legal Platform.
Indemnity You agree to indemnify and hold Key Legal (which in this Section includes its directors, officers, employees, agents and shareholders) harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the Key Legal Platform, Legal Services and/or Informational Services obtained through your use of the Key Legal Platform; (ii) your breach or violation of any of these Terms; or (iii) your violation of the rights of any third party, including Authorized Lawyers and/or Authorized Non-Lawyer Providers, other Users, any person on whose behalf you request Legal Services and/or Informational Services, and/or referred friends. Through the Key Legal Platform, you may use certain services that are not provided by Key Legal and that we identify to you for your convenience. To the extent that a service is not provided by Key Legal, you will be given notice prior to using that service, and if you elect to proceed, you acknowledge and agree that you will be contracting with the service provider and not Key Legal.
General Provisions
Entire Agreement. These Terms constitute the entire agreement and understanding of Key Legal and you with respect to their subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding the subject matter.
Governing Law. These Terms are governed by the laws of Ontario and the laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Key Legal Platform, you agree that any disputes or matters arising from, connected with, or related to these Terms shall be brought to the provincial and federal courts located in the City of Toronto, Ontario.
Non-assignment. These Terms are not assignable, transferable, or to be sublicensed by you except with Key Legal’s prior written consent. Key Legal may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
Links to External Websites. Links on Key Legal’s Platform to other websites or resources including those operated by parties other than Key Legal, are provided for your convenience. Key Legal is not responsible for the availability of such websites or resources and does not endorse or accept responsibility for the content of such external websites or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites or resources. Your access and viewing of any third party websites or resources is conducted at your own risk. Key Legal is not responsible even where we link you to those resources or refer you for your convenience.
Severability: If any provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Binding Arbitration: These Terms of Use provide that all disputes between you and Key Legal that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.
Contact Us If you have questions about the Key Legal Platform or its use, you can contact Key Legal Support by sending an email to admin@keylegal.ca.
Not an Insurance Product
Key Legal is not an insurer. The Services are not insurance products, and the amounts you pay to Key Legal are not insurance premiums. If you desire any type of legal or other insurance, you will need to purchase such insurance separately.
Availability of Services
Electronic Communications When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Key Legal may contact you by telephone, mail, or email to verify your account information. Key Legal may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.
Consent to Receive Calls and Text Messages By providing your mobile number, you are agreeing to be contacted by or on behalf of Key Legal at the mobile number you have provided, including calls and text messages, to receive informational, Product or Service related and marketing communications relating to the Site and Services. Message and data rates may apply.
Accuracy of Information; Functionality
Although Key Legal attempts to ensure the integrity and accurateness of the Site and Product descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Key Legal so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Key Legal shall have no responsibility or liability for information or content posted to the Site from any non-Key Legal affiliated third party. Key Legal reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention and/or destruction policies.
You agree to defend, indemnify and hold harmless Key Legal and the Providers from and against all third party claims, damages and expenses (including reasonable lawyer fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site.
Disclaimer of Warranties KEY LEGAL DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. KEY LEGAL DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. KEY LEGAL DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY KEY LEGAL ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY KEY LEGAL OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
Limitation of Liability Regarding Use of Site EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: KEY LEGAL SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF KEY LEGAL OR THE PROVIDERS. KEY LEGAL AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF KEY LEGAL TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
No Third Party Rights Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Key Legal, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Key Legal, and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Key Legal, Key Legal Group, and its affiliates.
Assignment You may not assign, transfer, or delegate the Terms of Use or any part thereof without Key Legal’s prior written consent. Key Legal may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
Supplemental Terms Applicable to Providers These supplemental terms apply to Providers, which includes Authorized Lawyers and Authorized Non-Lawyer Providers, in addition the other provisions of these Terms of Use. In the event of a conflict between the supplemental terms and any other terms herein, the supplemental terms shall prevail.
To be a legal services provider (including Authorized Lawyers, Authorized Non-Lawyer Providers) using the Site (“Provider” or “you”) you must be a licensed Lawyer, paralegal, or immigration consultant, and must agree to comply with all laws, regulatory rules and other rules and regulations applicable to you as a Provider or otherwise. Your relationship with the Key Legal users is directly between you and the client. The client will never have a Lawyer-client relationship with Key Legal. Key Legal does not practice law and offers no services. As set forth more fully below, Provider is solely responsible for all agreements, consents, notices and other interactions with clients and other consumers. Without limiting the generality of the foregoing, Key Legal shall have no liability whatsoever to Provider with respect to any amounts owed by any client or other consumer to Provider. Key Legal does not provide any advice, legal advice, or representations in any way regarding any legal or other issues associated with Provider, goods or services offered by Provider, including but not limited any compliance obligations or steps necessary to comply with any provincial or federal laws and regulations. Provider should seek legal counsel regarding any legal and compliance issues, and should not rely on any materials or content associated with the Services in determining Provider’s compliance obligations under law. Provider and Key Legal agree that Key Legal is not providing, to Customer or anyone else, advice or legal advice. Provider will use the Site and Services only in accordance with applicable standards of good practice. While software products such as the Site and Services can facilitate and improve the quality of service that Provider can offer clients, many factors, including the provider/client relationship can affect a client outcome, and with intricate and interdependent technologies and complex decision-making it is often difficult or impossible to accurately determine what the factors were and in what proportion they affected an outcome. Provider shall be solely responsible for its use of the Site and Services, and the provision of services to Provider’s clients. In this regard, Provider releases Key Legal and waives any and all potential claims against Key Legal as a result of Provider’s use of the Site and Services, and the provision of services to Provider’s clients. As a result of the complexities and uncertainties inherent in the client care process, Provider agrees to defend, indemnify and hold Key Legal harmless from any claim by or on behalf of any client of Provider, or by or on behalf of any other third party or person claiming damage by virtue of a familial or financial relationship with such a client, which is brought against Key Legal, regardless of the cause if such claim arises for any reason whatsoever, out of Provider’s use or operation of the Site and Services. To the extent applicable, Provider will obtain Key Legal’s prior written consent to any settlement or judgment in which Provider agrees to any finding of fault of Key Legal or defect in the Site or Services. Key Legal will promptly notify Provider in writing of any claim subject to this indemnification, promptly provide Provider with the information reasonably required for the defense of the same, and grant to Provider exclusive control over its defense and settlement. If you submit, upload, transmit, or post any consents, notices, advice, recommendations, comments, files, videos, images or other materials to us or our Site (“Provider Content”) or provide any Provider Content to clients or other consumers, you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. Provider is solely responsible for obtaining all necessary agreements and consents from, and providing all required notices to, clients and other consumers. You agree not to contact other users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Key Legal that you have the legal right and authorization to upload all Provider Content at the Site. Key Legal shall have a royalty-free, irrevocable, transferable right and license to use the Provider Content however Key Legal desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Provider Content and/or incorporate such Provider Content into any form, medium or technology throughout the world. Key Legal is and shall be under no obligation (1) to maintain any Provider Content in confidence; (2) to pay to you any compensation for any Provider Content; or (3) to respond to any Provider Content. Key Legal does not regularly review Provider Content, but does reserve the right (but not the obligation) to monitor and edit or remove any Provider Content submitted to the Site. You grant Key Legal the right to use the name that you submit in connection with any Provider Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Provider Content. You are and shall remain solely responsible for the content of any Provider Content you post to the Site or provide to clients or other consumers. Key Legal and its affiliates take no responsibility and assume no liability for any Provider Content submitted by you or any third party.
Dispute Resolution; Arbitration Agreement We will try work in good faith to resolve any issue you have with Site, including Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction. You and Key Legal agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including Products and Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court. You agree that, by agreeing to these Terms of Use that you and Key Legal are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Key Legal. If you desire to assert a claim against Key Legal, and you therefore elect to seek arbitration, you must first send to Key Legal, by certified mail, a written notice of your claim (“Notice”) If Key Legal desires to assert a claim against you and therefore elects to seek arbitration, it will send, by registered mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Key Legal, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Key Legal and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Key Legal may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Key Legal or you shall not be disclosed to the arbitrator. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Key Legal and you agree otherwise, any arbitration hearings will take place in Toronto, Ontario, Canada. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. YOU AND KEY LEGAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Key Legal agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect.
Force Majeure We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire or other disaster.
Indemnification You agree to defend, indemnify, and hold harmless Key Legal and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Products or Services or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Key Legal, or any Provider or customer service agent; and/or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Products or Services or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.
Revisions; General Key Legal reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Key Legal reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Key Legal and you pertaining to the subject matter hereof. In its sole discretion, Key Legal may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Copyright/Trademark Information. Copyright ©2020 Key Legal. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Us If you have questions about the Key Legal Platform or its use, you can contact Key Legal Support by sending an email to admin@keylegal.ca