Terms of Service

2836014 ONTARIO INC., operating as goHeather or Heather, is not a law firm or a lawyer; it is software that provides information as a service. While our services are created and reviewed by lawyers, our information as a service is not a substitute for retaining your own lawyer. If you require legal services, you should retain a lawyer in your jurisdiction. We do not refer or recommend any one lawyer or law firm.  

WE DO NOT WARRANT OR GUARANTEE THE QUALITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR SERVICE (or "the Content" or "THE CONTENT" or “Services”) ON THIS WEBSITE ("The Website" or "THE WEBSITE"). IN ADDITION, SOME CONTENT, INFORMATION OR SERVICES MAY BE OUT OF DATE.  NOTHING ON THIS WEBSITE IS LEGAL ADVICE, AND NO CONTENT ON THIS WEBSITE IS INTENDED AS LEGAL ADVICE. DO NOT RELY ON THIS WEBSITE FOR LEGAL ADVICE. IF YOU REQUIRE LEGAL ADVICE, YOU SHOULD CONTACT A LAWYER IN YOUR JURISDICTION. CONTACTING US OR READING THIS WEBSITE OR USING OUR SERVICES OR CONTENT DOES NOT CREATE A LAWYER/CLIENT RELATIONSHIP. GOHEATHER DOES NOT PROVIDE LEGAL SERVICES.  

Terms of Service 

goHeather maintains a website which provides information as a service, articles, publications, data and other materials. The Website is provided to you subject to your compliance with these terms and conditions of use (“Terms of Service”). By accessing or using the Website, you agree to be bound by these Terms of Service. If you disagree to be bound by these Terms of Service, please do not access or use the Website. 

Modifications to the Terms and Conditions 

goHeather reserves the right to change these Terms of Service at any time, and your continued access to or use of the Website after such changes indicates your acceptance of these Terms of Service as modified. It is your responsibility to review these Terms of Service regularly.  

No Legal Advice or Client/Solicitor Relationship  

You agree that nothing on the Website or services rendered by the Website or our applications constitutes legal advice and that it is provided merely as information as a service and as a platform to fill out a form.  All information and services connected to goHeather should be followed up with an in-depth consultation and retention of a lawyer of your choice.  You further agree that no solicitor/client relationship is formed by the viewing or reliance on anything found on the Website. A solicitor/client relationship cannot be formed with goHeather because we are not a law firm or a lawyer.

Liability  

THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. GOHEATHER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR THE CONTENT.  GOHEATHER DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEBSITE OR THE CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, GOHEATHER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL GOHEATHER LAW BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT HEATHER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE CONTENT. 

If a competent arbitration board or court finds goHeather is liable to you for any reason, goHeather's damages payable to you are strictly limited to the cost of the goHeather Services you paid for only.

Indemnity: 
You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services.

Governing Law  

These Terms of Service are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of the Website or the Content by you, notwithstanding your domicile, residency or physical location. The Website and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.  

Disputes

Any dispute, controversy or claim arising out of or relating to goHeather's Services including any question regarding its existence, interpretation, validity, enforceability, correctness or breach or termination or the business relationship created by it, or any tort or claim shall be referred to and finally resolved by arbitration under the rules of Ontario’s Arbitration Act, 1991 unless prohibited by law. 

NO CLASS ACTIONS

Disputes must be brought individually only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If, for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim. This does not prevent either party from participating in a class-wide settlement of claims.

Mass Filings

If, at any time, ten or more similar demands for arbitration are asserted against goHeather or related parties by the same or coordinated lawyers or entities (“Mass Filing”), a competent alternative dispute resolution body will randomly assign sequential numbers to each of the Mass Filings. Claims numbered 1-5 will be the “Initial Test Cases” and will proceed to arbitration first. The arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference, unless the claims are resolved in advance or the parties agree to extend the deadline. The parties will then have 90 days (the “Mediation Period”) to resolve the remaining cases in mediation based on the awards from the Initial Test Cases. 

Use of Services

You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms of Service. You will comply with these Terms of Service and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.

Termination

We may terminate your access to our Services for any reason and at any time so be sure to store all information and documents created by our Services on your own hard drive at all times.

Restrictions

You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services; (iii) use our Services to develop products or services that compete with goHeather; or (iv) send us any personal information of any person that is not yourself or of a minor or if you lack consent to do so by any person. 

Communications Not Confidential
  
goHeather does not guarantee the confidentiality of any communications made by you via e-mail, filling out a form, uploading a document or otherwise through the Website/Services. No communications are protected by solicitor-client privilege. Do not provide goHeather with confidential information.

Storage of Data

When you use our services, we store your data, including any document you produce or upload, and we also store any analysis or text used to help us conduct the services. We do not sell this data, but we do store it. To be clear, we save everything you upload or input on our website or services. We also save everything we produce you for with our website or services. However, we do not sell what save. We save this data to serve you the services. For example, we save the contracts you make using our services so you can come back to the website to download a copy. We also use this data to help us improve our services.

Privacy

The information, content and data you provide us and how we handle it are governed by our privacy policy, which is located here.  

No Unlawful or Prohibited Use  
You agree that you will not, without our prior written permission, use the Website and the Content for purposes other than your own commercial use and benefit. You acquire absolutely no rights or licences to the Website or the Content other than the limited right to use the Website and the Content in accordance with these Terms and Conditions.  You agree that you will not use the Website for any purpose that is unlawful.  Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Website or the Content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Website, without prior written permission, is strictly prohibited.  

General Provisions  

These Terms of Service, combined with the separate Terms and Conditions of each application we provide (where applicable) that you must accept when prompted to purchase a document or Service from goHeather, constitute the entire agreement between goHeather and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and goHeather with respect to the Website.  If any of the provisions contained in these Terms of Service 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.  

None of the information on this Website is legal advice. Do not rely on anything you read access manipulate, or enter into on this Website as legal advice. The information posted on this Website is just a summary or an example of the law, and the law applies differently in all cases. The law also changes, and our services can be affected by changing laws. Hence, goHeather does not warrant or guarantee the quality, accuracy or completeness of any information on this Website. The information published on this Website is attempted to be current as of its original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose. If you require legal advice, you should contact a lawyer in your jurisdiction.  

Viruses  

The downloading of Content is done at your own risk. goHeather cannot and does not guarantee or warrant that the Website or the Content are compatible with your computer systems or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Website.  

Cookies Policy Consent  

By using our Website, you consent to the use of cookies in accordance with this Cookies policy. If you do not agree to the use of these cookies, please disable them.  

What are cookies? Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating web domain on your subsequent visits to that domain. Cookies are useful because they allow a website to recognize a user’s device. Cookies allow you to navigate between pages efficiently, remember preferences and generally improve the user experience. They can also be used to tailor advertising to your interests by tracking your browsing across websites. Session cookies are deleted automatically when you close your browser, and persistent cookies remain on your device after the browser is closed (for example, to remember your user preferences when you return to the Website).  

Use of IP addresses and web logs

We may also use your IP address and browser type to help diagnose problems with our server, to administer our Website and to improve the service we offer to you. An IP address is a numeric code that identifies your computer on the internet. Your IP address might also be used to gather broad demographic information. We may perform IP lookups to determine which domain you are coming from (eg google.com) to more accurately gauge our users’ demographics. Information from these types of cookies and technologies is not combined with information about you from any other source and will not personally identify you. The cookies policy does not cover third-party websites.

Please note that this Cookies Policy does not apply to, and we are not responsible for, the privacy practices of third-party websites/services which may be linked to or accessible through this Website.

Updated April 1, 2024