Terms and Conditions of Use
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.
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.
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:
Obligations of the User
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:
BY ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT
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
IF YOU OBJECT TO THESE TERMS, AS AMENDED FROM TIME TO TIME, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.
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:
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.
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 (email@example.com).