TERMS OF CONDITIONS OF PURCHASE FROM
INNOVATION FOR LAWYERS INC.
GUARANTEE You guarantee that you are a licensed and insured family lawyer, collaborative professional and/or mediator committed to productively engaging with family law clients to help them make the best decisions for their future. You shall remain licensed and insured to practice in your jurisdiction whenever you are making use of the IFL Resources.
“IFL Resources” or “Workbooks” means the Our Family in Two Homes workbook, Our Family in A Few Homes workbook, and Designing Our Future Together workbook, and may also include future workbooks created by IFL for collaborative work with families.
“IFL Marketing Resources” includes the Our Family in Two Homes website and online content describing the IFL Resources, as well as all images and marketing materials created by IFL to promote the IFL Resources.
“Mark” means any trademark, trade name, service mark, design, logo, domain name, or other indicator of the source or origin of any product or service produced by IFL
The Workbooks: You agree:
- You will not make any changes to the Workbooks
- You will not make copies of the Workbooks or any pages of the Workbooks
- You will not add content to the Workbooks
- You will not remove sections of the Workbooks
- You will not upload or share the contents of the Workbooks online
In agreeing to these terms, you acknowledge that IFL holds the copyrights to and owns the intellectual property of all the IFL Resources and IFL Marketing Resources, including future resources which may be made available to you. You respect these copyrights and will do nothing to infringe on these copyrights.
Legal Content: If you are purchasing the IFL Resources as a practicing lawyer, you acknowledge that IFL consulted with lawyers in your jurisdiction to customize the workbooks. You have an obligation to confirm that the legal information contained in the customized Workbooks is accurate and written in clear and accessible language. IFL does not warrant that the legal explanations contained in your customized Workbooks are current or accurate. You assume the responsibility to know the current law in the jurisdiction in which you practice.
Not legal advice. The IFL Resources provide general information only and are not intended to provide legal advice or services. If you choose to use the IFL Resources, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with any and all activities related to the use of the IFL Resources. You acknowledge that there is no solicitor-client (attorney-client) relationship between you and IFL and no solicitor-client (attorney-client) relationship between IFL and your client. Your relationship with your client is governed by the terms of your professional practice in the jurisdiction in which you practice.
Accuracy of information. We offer no guarantee that the information or analysis generated by or contained in the IFL Resources will be error free. You agree that we will not be liable for any claims or damages arising from any errors or inaccuracies in the IFL Resources or the information or analysis generated by them.
No warranty. The IFL Resources are provided “as is” without warranty of any kind, either express or implied. We neither represent nor warrant that the IFL Resources will meet your requirements or that it or the information or analysis generated by them will be error free. The foregoing warranties are in lieu of all other warranties, express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by us, our representatives, agents or employees shall create a warranty that in any way increases the scope of this limited warranty. This limited warranty gives you specified legal rights, and you may have other legal rights that vary from jurisdiction to jurisdiction.
Indemnification. You agree to indemnify, defend and hold us harmless from and against any claim in excess of the limitation set forth below in the Limited Liability Section. This indemnification shall apply even in the event of breach of contract, active or passive negligence, or otherwise on our part, or any claim of failure of essential purpose.
Limited Liability. Everyone’s situation is different and participating in the activities promoted through the use of the IFL Resources is at your own risk. You are responsible for the selection, use of and results obtained from the IFL Resources. Unless otherwise required by applicable law, IFL shall not be liable for any indirect, special, exemplary, incidental or consequential damages or any damages resulting from the use of the IFL Resources however caused including, without limitation, damages for personal loss or damage, failure to realize expected benefits, or any other loss or damage of any kind arising in consequence of our performance, failure to perform, or other breach under this agreement, irrespective of whether we had advance notice of the possibility of such damages. Our total liability including, but not limited to, any possible liability for indemnity, defense and hold harmless obligations shall not exceed the total amount paid by you for the use of the IFL Resources.
Allocation of risk. You acknowledge that you have read, understood and agree to the conditions and disclaimers contained in this agreement. You agree that the above warranties and limitations of liability reflect the allocation of risk between the parties.
Ownership: IFL owns the contents, copyrights, trademarks and all intellectual property rights of the IFL Resources, which are protected by Canadian and international intellectual property laws. IFL retains full and complete title to the IFL Resources, and all updates, derivatives, and subsequent copies of them (including without limitation copies made in violation of the terms of this Agreement), regardless of the medium or form in which the copies may exist.
Rights and Restrictions on Use In consideration of your agreeing to be bound by the terms and conditions set out in this Agreement. IFL grants you a non-exclusive, personal, non-assignable, non-transferrable, revocable agreement and right to use the IFL Resources in connection with your professional law, collaborative or mediation practice. You may not reproduce the Resources without the express written permission of IFL. You will not (a) create derivative works based on the IFL Resources; (b) remove or alter ownership and copyright notices embedded in or on the IFL Resources; (c) copy, transfer, or distribute the IFL Resources except as authorized and permitted by the laws and regulations of the jurisdiction in which you are using them; or (d) permit any third party to violate the terms and conditions of this Agreement.
Infringements (a) You have no affirmative obligation to investigate or police infringements or unauthorized uses of the IFL Resources. However, you shall provide IFL with written notice of any infringements or unauthorized uses of the IFL Resources of which you become aware within ten (10) business days of learning of the same. Thereafter, IFL (at its own cost and expense) shall have the right to bring any action or proceeding for any such infringement or unauthorized use.
(b) If IFL takes any legal action or proceeding against a third party for infringement of the IFL Copyright, and you are a witness, you shall cooperate in the prosecution and defense of such action or proceeding, including but not limited to discovery, document production, pretrial and trial testimony and the like. Any award of damages (including reimbursements of costs and expenses) shall be for the exclusive benefit of the IFL.
(c) If you commit copyright or trademark infringement in violation of this intellectual property agreement and IFL is forced to take any legal or equitable action for declaratory relief, the prevailing party shall be entitled to recover its reasonable attorneys’ fees from the non-prevailing party. These fees, which may be set by the court in the same action or in a separate action brought for that purpose, are in addition to any other relief to which any prevailing party may be entitled.
General. This Agreement constitutes the entire agreement between the Parties with respect to the IFL Resources.
a. Any controversy in relation to this Agreement or arising hereunder shall be governed by and interpreted in accordance with the laws of the province of Prince Edward Island, Canada without regard to conflict of laws principles.
b. The parties to this Agreement agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and its IFL Resources is expressly excluded.
c. No amendment, waiver or modification of any of the terms of this Agreement shall be valid unless made in writing and signed by IFL.
d. This Agreement shall be construed fairly in accordance with the plain meaning of its terms without regard to any presumption or other rule requiring construction against the Party drafting or causing to be drafted or translated.
d. Should any provision of this Agreement be found by a court of competent jurisdiction to be illegal, void or otherwise unenforceable such provision shall be severed from the rest of this Agreement and the rest of this Agreement shall remain in full force and effect and be binding upon you and IFL as though the said provision or provisions had never been included.
Should you have any questions concerning this Agreement you may contact us by writing to 89 Hillsborough Street, Charlottetown, PE, C1A 4W5, Canada .