Terms of use
1. General Provisions
Welcome to the Esprit Legal Inc. website (“Esprit Legal”). This website (the “Website”) is the exclusive property of Esprit Legal. This document constitutes an agreement between you and Esprit Legal outlining the terms and conditions under which Esprit Legal allows you to visit the Website and view the information contained therein. By visiting the Website, you accept the terms and conditions outlined in this agreement. Please read this document carefully, and if, for any reason, you do not agree with these terms and conditions, please terminate your visit to the Website. BY VISITING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE PROVISIONS OF THIS AGREEMENT WITHOUT LIMITATION OR RESERVATION, AS WELL AS BY APPLICABLE LAWS.
2. Compliance with This Agreement and Applicable Laws
Your use of this Website must comply with this agreement as well as all applicable laws, particularly, but not limited to, laws related to copyrights and trademarks.
3. Intellectual Property
You acknowledge that all the following elements, and any parts thereof, are the property of Esprit Legal (or its licensors, as applicable): information, content, documents, images, trademarks, trade names, trade dress, products, reports, data, graphics, interfaces, web pages, text, files, software, product names, company names, logos, and all other elements integrated into or published on the Website (collectively, the “Content”), including the way the Content is presented or appears and all related information. The Content published by Esprit Legal on the Website may belong to third parties and is published by Esprit Legal under a license.
4. Restrictions on the Use of Content
Subject to your compliance with the terms and conditions of this agreement, Esprit Legal grants you a non-exclusive, personal, non-transferable, and non-sublicensable license to remotely access (via an Internet connection provided by you) the Website and the Content solely for informational purposes. Esprit Legal hereby authorizes you to copy the Content published on its Website for your personal use only and for non-commercial use within your organization only. In consideration of this authorization, you agree that all copyright notices and other proprietary rights notices included in the Content must remain in any copies you make. Except as expressly provided above, no Content from the Website may be copied, reproduced, republished, uploaded, displayed, transmitted, downloaded, or distributed in any way without the prior written consent of Esprit Legal. Except as expressly provided herein or if Esprit Legal has explicitly granted written permission to use the Content, no license or right, express or implied, is granted to any person or user of the Website. Specifically, no right, title, or interest in the Content, including but not limited to Esprit Legal’s logos or other marks, is transferred to you by your use of the Website, and Esprit Legal reserves full title and all intellectual property rights to this Content.
5. Purpose of the Website and Disclaimer of Warranties
The primary purpose of this Website is to provide information about Esprit Legal. The information provided herein is for informational purposes only and should only be used for this purpose. While Esprit Legal makes all reasonable efforts to ensure that the information on the Website is accurate and up-to-date, it is possible that the information may occasionally be incomplete, contain errors, or be outdated or inaccurate. Before making any decisions based on this information, you must validate it with another source or contact Esprit Legal. Modifications may be periodically made to the Website’s Content; these modifications are integrated into new editions of the Website. For example, Esprit Legal may make improvements and/or changes to the products and/or programs described on the Website at any time and without notice, and the Content is updated accordingly. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAWS, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES REGARDING UNINTERRUPTED OR ERROR-FREE OPERATION, ACCESSIBILITY, ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR SUITABILITY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE USAGE.
6. No Attorney-Client Relationship
No fiduciary, advisory, attorney-client, or any other relationship is created as a result of visiting the Website, using it, or communicating with Esprit Legal professionals through the Website or email.
7. No Legal Advice
The documents available on the Website are provided for informational purposes only. They do not constitute legal advice or any opinion and should not be used for professional or commercial purposes. No person should act or refrain from acting based solely on the documents provided on this Website, the documents accessible via hyperlinks, or other general information without first consulting a lawyer or subject-matter expert.
8. Limitation of Liability
ESPRIT LEGAL ASSUMES NO RESPONSIBILITY FOR THE USE OF THE WEBSITE AND/OR CONTENT OR FOR ANY DAMAGE OR ISSUE ARISING FROM THE USE OF THIS WEBSITE AND/OR CONTENT OR RESULTING THEREFROM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS UNDERSTOOD THAT NEITHER ESPRIT LEGAL NOR ITS SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, SHAREHOLDERS, OR EMPLOYEES SHALL BE LIABLE FOR THE FOLLOWING: I. SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, SAVINGS, OPPORTUNITY, DATA, OR COSTS OF DATA RECOVERY, REGARDLESS OF HOW THEY OCCUR, EVEN IF ESPRIT LEGAL OR ITS ASSOCIATES, AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS, AND EVEN IF SUCH DAMAGES OR CLAIMS ARE REASONABLY FORESEEABLE II. DAMAGES OR LOSSES ARISING FROM VIRUSES, DATA CORRUPTION, FAILURE TO TRANSMIT MESSAGES, ERRORS OR TRANSMISSION PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; THE INTERNET BACKBONE; THIRD-PARTY CONTENT, PRODUCTS, OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, YOUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; LOSS OF USE OR AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS, AND STORED DATA; USE OF THIS WEBSITE OR CONTENT, OR THE INABILITY TO USE THEM; ANY OTHER WEBSITE THROUGH WHICH YOU ACCESS THIS WEBSITE OR THAT YOU ACCESS VIA THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF ESPRIT LEGAL, EVEN IF ESPRIT LEGAL OR ITS ASSOCIATES, AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS, AND EVEN IF SUCH DAMAGES OR CLAIMS ARE REASONABLY FORESEEABLE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AND AGGREGATE LIABILITY OF ESPRIT LEGAL, ITS SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, PARTNERS, OFFICERS, SHAREHOLDERS, AND EMPLOYEES ARISING FROM ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED ONE HUNDRED CANADIAN DOLLARS (CAD $100).
9. Indemnification
You agree at all times to indemnify, hold harmless, and defend Esprit Legal, its subsidiaries, affiliates, agents, licensors, suppliers, and their respective directors, partners, officers, shareholders, and employees from all actions, proceedings, costs, claims, damages, demands, debts, liabilities, and expenses of any kind (including legal fees and disbursements) attributable to or related, directly or indirectly, to the following: i. any information or other content that you transmit to Esprit Legal via email or any other correspondence; ii. subject to Article 6, your use or misuse of the Content of this Website, including but not limited to allegations of infringement.
10. Hyperlinks and References
The Website contains links that allow you to access websites operated by third parties containing information about said third parties (“Third-Party Sites”). These links are provided solely as a convenience to users of this Website, and your access to Third-Party Sites through links on the Website is at your own risk. Esprit Legal makes no representations regarding these third parties, the state of such Third-Party Sites, or the information contained on or distributed through them. Esprit Legal assumes no liability for damages arising from the use of links to Third-Party Sites or information contained on or distributed through Third-Party Sites.
11. Electronic Communications
When you visit the Website or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Privacy
Esprit Legal collects and uses personal information in the operation of the Website in compliance with applicable laws and its privacy policy, which is accessible on the Website.
13. Website Monitoring and Data Exchange Consent
Esprit Legal reserves the right, at its sole discretion, to monitor your use of the Website as well as the use and access of all other users. By agreeing to access this Website, you consent to such monitoring. You also acknowledge that Esprit Legal is not obligated to perform such monitoring and makes no representations to that effect. Your use of this Website results in an exchange of data between your computer and Esprit Legal’s server. By accessing this Website, you consent to this exchange as well as to Esprit Legal storing and using certain information for internal purposes. Esprit Legal does not disclose this information unless required to do so by law or a final judgment rendered by a competent court.
14. Cookies
Esprit Legal uses “cookies” and other technologies on this Website to collect data that helps it better understand and improve the usability, performance, and effectiveness of the Website. Cookies are files sent to your browser and stored on your computer. If you do not wish for Esprit Legal to send cookies to your browser, you can set your browser to reject cookies or notify you when a website attempts to place a cookie in your browser. By rejecting cookies, your ability to use certain features of the Website may be limited. By accessing the Website without first modifying your browser settings, you consent to the use of cookies and release Esprit Legal from liability related to these practices.
15. Modifications Without Prior Notice
Esprit Legal reserves the right to modify this agreement at any time, at its sole discretion, by posting the changes on this Website. It is your responsibility to periodically review the Website and be aware of changes to the agreement. Accessing or using this Website after modifications have been posted constitutes your acknowledgment and acceptance of the modified agreement. In the event of a dispute concerning this agreement, the version of the agreement in effect at the time of the disputed acts shall govern.
16. Trademarks
The Website contains trademarks owned by Esprit Legal or third-party suppliers. Trademarks owned by third parties are used on the Website under a license granting rights to Esprit Legal, not you. You obtain no license to use the trademarks displayed on the Website, and any such use must be pre-approved by Esprit Legal or the relevant third-party suppliers, as applicable.
17. Entire Agreement
This agreement, as modified from time to time in accordance with Article 16, and all other legal notices and policies posted on this Website constitute the entire agreement between you and Esprit Legal with respect to the use of the Website and the Content. Notwithstanding the foregoing, certain portions of the Content may be subject to different terms and conditions communicated to you when you access that Content. If different terms and conditions than those set out herein are communicated to you concerning specific Content, those terms and conditions shall apply to that Content and take precedence over this agreement.
18. Severability
Any provision of this agreement found to be illegal, invalid, or unenforceable for any reason shall be deemed not to have effect to the extent of such illegality, invalidity, or unenforceability, without affecting the other provisions of this agreement and without affecting the legality, validity, or enforceability of such provision.
19. Reserved Rights
Esprit Legal hereby reserves all rights not expressly granted under this agreement.
20. Access Restriction, Duration, and Termination
This agreement is effective during your use of the Website. Esprit Legal reserves the right to prevent or restrict your access to this Website at its sole discretion. The provisions regarding intellectual property, restrictions on the use of Content, disclaimer of warranties, limitation of liability, and indemnification contained herein shall remain in effect after the termination of this agreement.
21. Governing Law and Jurisdiction
Esprit Legal, this Website, and the Content (excluding linked websites and their content) are located in the Province of Quebec (Canada). This agreement and your use of the Website are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein and shall be treated in all respects as a contract entered into and signed in the Province of Quebec, without reference to principles of conflict of laws. Any dispute arising from your use of this Website falls under the jurisdiction of the courts of the Province of Quebec (district of Montreal). You agree to waive any rights you may have to participate in a class action against Esprit Legal regarding this Website, the Content, or this agreement, and if applicable, you also agree to withdraw from any class proceedings against Esprit Legal (LAWS IN CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE USE OF CERTAIN JURISDICTION OR ARBITRATION CLAUSES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU).
22. Accessibility Disclaimer
The Website may list or mention products, programs, and services from Esprit Legal or third parties, which may not currently be available in your country. Any mention of these products related to a different territory does not obligate Esprit Legal to offer them in your country at any time.
23. Interpretation
Any mention of the “present Website” or “Esprit Legal Website” refers to the website located at www.esprit.legal, and all web pages beginning with the address www.esprit.legal. Any reference to information contained on this Website refers to all Content on the site, whether directly or indirectly accessible or downloadable, in any form and without restriction.