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Terms of Use

Terms and Conditions of Use

This site is operated and belongs to Witmart, Inc. ("Witmart") which is headquartered in Toronto, Ontario, Canada.  Witmart provides this website to you, subject to these terms of use ("Terms"). The Terms constitute a legal agreement between you and Witmart and governs all use of this website, including all content, information, and services provided on the website.

You agree that by using the site, any applications and the services, that you are at least 18 years of age and you are legally able to enter into a contract.

Minors are not eligible to use the website or related services provided by Witmart and we ask that they do not submit any personal information to us.

By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these terms, please do not use this site.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Privacy

Please review our privacy policy for a description of our privacy practices and an explanation of how we may use any personal information we collect on this website.

Intellectual Property Rights Reserved to Witmart

The technology and content provided on this website are owned by or licensed to Witmart (which is a registered trademark) and is protected by intellectual property laws in Canada, the United States, and various other international intellectual property laws. Witmart retains and reserves all intellectual proprietary rights to that content and technology. Further, Witmart retains and reserves all rights regarding its copyrighted material.  Additionally, Witmart retains and reserves all rights regarding any of Witmart's trademarks, service marks, trade names and logos appearing on this website which are trademarks of Witmart.  Witmart does not grant you any express or implied rights or licenses under any trademarks, copyrights, or any other proprietary or intellectual property rights belonging to Witmart.

The website and any and all of software, computer codes or content that is relevant to and used by the website, including without limitation literary creations, pictures, records, materials, website structures, website layout, website design, advertisement or information that is presented through the website, is subject to any intellectual property rights as protected under the law, the ownership of which resides with Witmart, including without limitation copyright, trademark, patents and other exclusive rights. Without explicit authorization of the website, the user shall not modify, make available for rent, lease or sale, or distribute any of the above materials and resources of the website or create a product of any kind whatsoever on the basis of the foregoing materials or resources.

Witmart hereby grants the user a non-transferrable and non-exclusive right of use, permitting the user to use the object code of the website (hereinafter referred to as the "Software") through a single, stand-alone computer and or mobile devices such as smartphone or tablets, but the user shall not copy, modify, create derivative work, reverse engineer, disassemble, or otherwise decipher or attempt to decipher the source code, make the Software available for sale, assignment or sublicensing, or otherwise transfer any right associated with the Software, and shall not permit any third party to do so. The user agrees not to modify the Software by any means whatsoever or use any software arising from such modifications being made to the Software.

Confidentiality

It is hereby agreed by Witmart and the User of this website to keep confidential any and all documents and materials regarding the User's (including without limitation trade secrets, company plans, operational activities, financial information, technological information, business information and other business secrets) that are obtained in the scope of any exchange of information provided by either the User or Witmart and that are unavailable in the public domain. Without prior consent of the party from whom the documents and materials originated, the other party shall not disclose to any third party such business secret (documents and materials) or any part thereof, except when such is otherwise required by the laws, statues and regulations or otherwise agreed upon by the parties.

Prohibited Conduct and Usage Restrictions

By accessing, browsing, or using this website or Witmart services in any way, shape, or form, you agree to the following restrictions:

  • you will not use, intentionally or unintentionally any of the content, information, or services on this website in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law.
  • you will not use this website in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of Witmart's computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website;
  • you will not interfere with any other party's use and enjoyment of this website, or of any of the content, information, or services provided on this website;
  • to the extent that you are able to upload, post or otherwise transmit content using this site you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • you will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • you will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website, through password mining, hacking, or any other means;
  • you will not seek to gain access to any materials or information through any means not intentionally made available by us;
  • you will not reproduce, duplicate, copy, download, store, further transmit, disseminate, distribute, transfer, or otherwise exploit this website, or any portion hereof without Witmart's prior written consent, except that content available on this website on a complimentary basis may be searched, viewed, reproduced and downloaded solely for your own use in connection with your own practice, business or educational activities, provided that such content is not transmitted or distributed to any other person and such use is not commercially prejudicial to or competitive with Witmart;
  • you will not modify any of the information and services provided on this website;
  • you will not remove, alter or obscure any citation or attribution of the author or source of the information or services on this website, including Witmart's branding, or remove any notice of copyright, trademark or other proprietary rights on any of the information or services appearing on this website;
  • you will not make any independent use of the trademarks, service marks, trade names, logos, and graphics on this website without Witmart's prior written consent;
  • you will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;
  • you will not collect any email addresses made available on this site for purposes of promotions or marketing campaigns;
  • you will not distribute, on or through this website, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without Witmart's prior written permission.

Obligations of the User

  • you are solely responsible for any comments, videos, images, photographs, information, suggestions, ideas, concepts, techniques, data, and other communications which you submit, post, link or otherwise make available on or through this website (User Generated Content).
  • You are solely responsible for ensuring that any User Generated Content you submit complies with all laws and regulations, including those related to intellectual property and privacy rights of third parties.
  • Before submitting, posting or linking User Generated Content to this website, you must ensure that you own all intellectual property rights to such User Generated Content and that your submission does not violate the privacy rights of any third party. It is noted that you retain ownership of all intellectual property rights in your User Generated Content.
  • you agree that you will not post any User Generated Content to this website which: (i) is unlawful, libelous, defamatory, fraudulent, false, misleading, threatening, abusive, pornographic, obscene, offensive or discriminatory by reason of age, disability, gender, marital status, race, religion and belief, sex, orientation or other characteristic; (ii) solicits or offers business or services; (iii) is confidential; (iv) infringes the intellectual property or privacy rights of a third party; (v) impersonates anyone else or otherwise misrepresents your identity, (vi) interrupts, compromises, or interferes with this website or any other website we operate; or (vii) is otherwise in breach of these Terms.
  • you agree to be solely responsible for your user account and its password(s), and shall be liable for any and all activities conducted with the user account when the correct password is used, (including without limitation providing consent to any agreement, rules, etc. through clicking while using the Site). In respect of your account, you have the right to change any passwords created by yourself. You shall be solely liable for any and all loss arising from your own error or mistake, which includes without limitation, any failure to follow the instructions for making the application, any failure to promptly making the application, any password that is forgotten or improperly disclosed by the user, any password that is compromised by a third party, any incident of the user's computer being compromised by a third party.
  • you shall ensure to provide to Witmart via its website (or over the telephone or over any other means of communication, including email, written transmission, verbal transmission or other) any information associated with the user (including potential trademark information) that is accurate, true, and not misleading.
  • for the purposes of registering with the website, user shall provide accurate and true information regarding, without limitation, the user's correct legal name, personal identification number, telephone number, physical and/or email address, postal code, and ensure that the user may be contacted by the Site using the above information. In addition, when there is any change to the relevant information above, the user shall promptly update such information for the purposes of registering with the Site.
  • you shall not transfer the user account registered with the Site or authorize any third party to use such account in any manner or form whatsoever.
  • you shall ensure that any information that the user published on the Site is true, accurate and not misleading.
  • in contacting Witmart (including signing in for a service or engaging with Witmart), you shall act honestly and in good faith, and shall not unduly interfere with the ordering of applications in the website by any means that constitutes unfair competition or engage in any conduct that is inappropriate and irrelevant to the submission of the application.
  • without prior written consent of the website, you shall not employ any material belonging to Witmart from the website for commercial purposes, including without limitation, to create derivative work by means of copying, editing and/or translating such material or information, distributing any such material or information or publicly display such material or information.
  • you agree to receive information from Witmart employees, staff, and/or affiliates, including information regarding Witmart services, promotions, and/or relevant notifications regarding your account or contracted services. Should you not wish to receive any such information, you must contact Witmart to notify Witmart of this preference.  Otherwise, Witmart retains all rights to attempt to contact you via any type of communication or medium.

No Legal Advice

The information and services on this website are not intended to and shall not be used as legal advice. No attorney-client relationship is formed with Witmart. You use the content, information, and services on this website at your own risk. The information and services are general and educational in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of individual transactions and cases. You are recommended to consult with qualified legal counsel before acting on any of the information and services on this website. Witmart and its employees, directors, staff, and/or contractors or affiliates are not a law firm, do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of a legal practitioner. Nothing in the information and services on this website, nor any receipt or use of such information or services, shall be construed or relied on as advertising or soliciting to provide any legal services (except to the extent otherwise provided by applicable laws or ethical rules in each applicable jurisdiction), creating any attorney-client relationship or providing any legal representation, advice or opinion whatsoever on behalf of Witmart or any of its employees, directors, staff, and/or contractors or affiliates.

Relationship with Independent Attorneys/Certified Trademark Agents  

No engagement of the legal services of any attorney or other certified agent affiliated or associated with Witmart is established merely by virtue of the User visiting the Website and/or submitting an inquiry, including a trademark search request.  Further, the User agrees that no obligations for Witmart to retain, arrange, or otherwise contact an attorney or other certified trademark agent to represent the User in any capacity, whether the attorney is an independent attorney, outside counsel, or other certified trademark agent (“Counsel”) until the occurrence of the following: 1) the User has paid all necessary fees, costs, expenses and/or deposits owed to Witmart and 2) a formal agreement between the User and Witmart has been executed detailing the services to be provided by Witmart to User.  Witmart is not a law firm and its employees and staff are not attorneys.  Any legal services provided to the User by Counsel are 1) dependent on the type of filing plan (e.g. “Basic” or “Standard”) to be provided to the User and 2) which services are provided to a User under the specifically selected type of filing plan.  Further, Counsel includes individuals that are independent contractors to Witmart and who are contracted or retained to represent User (subject to the conditions outlined above) independently from Witmart.    

Links to Third Party Sites

This website may provide links to other third-party websites and/or resources. Witmart makes no representations whatsoever about any other web site which you may access through this website. Because Witmart has no control over such sites and resources, you acknowledge and agree that Witmart is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this website to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Witmart makes no representation or warranty as to any third party content, products or services, and you agree that Witmart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.

Registration and Account Information

Certain sections of this website may require you to register as a user or to sign in and to create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify Witmart immediately.

Rights of Witmart& Termination of User's Account

Without limitation thereto, Witmart unilaterally reserves the right to refuse to publish, remove, edit, or modify any User Generated Content at any time for any reason. Witmart may monitor and review the User Generated Content you submit but is under no obligation to do so. Witmart does not endorse any User Generated Content, or any thoughts, opinions, materials or other information contained in it.

You acknowledge and agree that Witmart, in its sole discretion, may terminate your website access, including to your user account, if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason.  Witmart reserves the right to refuse to provide services of any kind to the user.  Such termination may be temporary or permanent based on Witmart's sole discretion.  Further, Witmart may issue notices to you of default on outstanding payments and any other notices deemed necessary.  Further, Witmart may issue warning notices as deemed necessary.

Witmart shall not be liable to you or any third party for termination of website access, including to your account and account information. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.

Disclaimer of Warranties and Limitation of Liability

WITMART PROVIDES THIS WEBSITE "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

  • WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS;
  • WARRANTIES THAT ACCESS TO ANY PRODUCT WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE;
  • WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE; AND
  • WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, WITMART.

BY ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT

  • PROVISION OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA;
  • THIS WEBSITE, AND THE PRODUCTS AND SERVICES REFERENCED HEREIN MAY NOT SATISFY CUSTOMER REQUIREMENTS;
  • WITMART MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

YOU ASSUME THE ENTIRE RISK AS TO THE USE, RESULTS AND PERFORMANCE OF THE INFORMATION AND SERVICES ON THIS WEBSITE. IN NO EVENT WILL WITMART OR ITS DIRECTORS, EMPLOYEES, STAFF, CONTRACTORS, OR OTHER AFFILIATES BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR

  • DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THIS WEBSITE, WHETHER OR NOT WITMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE;
  • ANY CLAIM(S) RELATING IN ANY WAY TO YOUR INABILITY OR FAILURE TO PROVIDE ACCURATE INFORMATION RELATED TO WITMART SERVICES (INCLUDING TRADEMARK RELATED SERVICES), EVEN IF ASSISTED BY WITMART;
  • ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE;
  • ANY OTHER CAUSE WHATSOEVER, EVEN IF WITMART WAS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

IF YOU OBJECT TO THESE TERMS, AS AMENDED FROM TIME TO TIME, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.

Indemnification

You agree to indemnify, defend, and hold Witmart and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.

Governing Law, Jurisdiction, and Arbitration  

These Terms are governed by and construed in accordance with the laws of the Ontario, Canada.  Client hereby consents and submits to the personal jurisdiction of Ontario, Canada.  In the event of any controversy or claim arising out of or relating to any contract, services provided or to be provided, or agreements between you and Witmart, the parties hereby agree to consult and negotiate with each other in good faith, and, recognizing their mutual interests, attempt to reach a satisfactory solution.  If they do not reach settlement within a period of 120 days, then, upon notice by any party to the other, any unresolved controversy or claim arising out of or relating to any contract, services provided or to be provided, or agreements between Witmart and the user, shall be settled by arbitration.  Witmart reserves the right to select either one or three arbitrators and has the sole discretion to make this decision.  The Parties (both Witmart and the Client) shall equally split the costs and expenses associated with the arbitrators and arbitration proceedings. The place of the arbitration shall be in Toronto, Ontario, Canada, unless the parties mutually agree otherwise.  Additionally, the selected arbitrators shall be licensed and qualified to arbitrate the claim or dispute in question in Ontario, Canada, unless the parties mutually agree otherwise.  

You agree that, by entering into these Terms, you and Witmart are each waiving the right to a trial by judge in court or jury or to participate in a class action.  With respect to any dispute or controversy or claim, you and Witmart agree that each may bring claims against the other for arbitration only in your or its individual capacities and not as plaintiffs or class members in any purported class action suit. 

Witmart and you agree to arbitrate any claim or dispute between us at least before a single arbitrator (and in some cases, more arbitrators if Witmart so desires). The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:  

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;  
  • claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising);  
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and  
  • claims that may arise after the termination of these Terms.  

For the purposes of this section, references to "Witmart," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, business partners, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.     

Severability of Provisions

If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. No waiver of any right or remember on one occasion by Witmart shall be deemed a waiver of such right or remedy on any other occasion.

Contact Information

If you have any questions or concerns about these Terms, or about the content, information, or services on this website, you may contact us via telephone (1-855-497-7273) or fax (1-281-715-5852) or via email (service@witmart.com).