TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE:

MyOntarioDivorce.com may revise these Terms and Conditions at any time without notice to you.

Please also refer to MyOntarioDivorce.com’s Privacy Policy and Full Disclaimer, both of which are incorporated by reference herein.

MyOntarioDivorce.com was designed and created by an experienced Family Law Lawyer to help self-representing individuals, dealing with Family Law cases in Ontario, to navigate through the court system with their dignity and bank account intact.

Here are just a few of the ways we aim to help you:

• Making the court process accessible to self-represented individuals in Family Law cases
• Saving you BIG money (thousands and thousands of dollars vs. retaining a lawyer)
• Saving you time and inconvenience. Our online service means you don’t have to take time out of your busy schedule to meet with a lawyer
• You will have easy access to the information you need about the court process, court procedure and self-litigating your case
• Helping you successfully litigate your case in court without the need of being represented by a lawyer
• Helping you prepare court forms that are guaranteed to be accepted by the Ontario Family Courts
• Providing personal online service to our customers in the comfort of their own homes

MyOntarioDivorce.com provides an online legal portal to give visitors a general understanding of Family Law in Ontario and the court process in Family Law proceedings. To that extent, the Website publishes general information on Family Law issues commonly encountered by individuals going through a separation or divorce in Ontario. As well, it provides an automated software solution to individuals who choose to self-represent and to prepare their own legal documents.

MyOntarioDivorce.com’s automated court document preparation service tracks each Online Questionnaire to make sure that you are completing all of the necessary fields to ensure that the court form being generated on your behalf will be accepted by the court. It also ensures internal consistency of names, addresses and the like. Our tracking system does not review your completed Questionnaires or generated Forms for grammar or spelling errors or for the quality of your content.

MyOntarioDivorce.com is not a substitute for legal advice.

MyOntarioDivorce.com strives to keep its court forms accurate, current and up-to-date. However, due to rapid changes in the law, MyOntarioDivorce.com cannot guarantee that all the information on the Website is completely current. The law is different from Province to Province and is also subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind MyOntarioDivorce.com provides can fit every circumstance.

Furthermore, the legal information contained on this Website is not legal advice and is not guaranteed to be correct, complete or up-to-date. If you need legal advice specific to your case, or if your case is too complex to be addressed by the information available on our Website, you should upgrade to PREMIUM+ MEMBERSHIP or consult an experienced Family Law Lawyer practicing in your neighbourhood.

If you have purchased PREMIUM+ MEMBERSHIP you will receive access to an experienced Family Law Lawyer affiliated with MyOntarioDivorce.com for up to 4 hours per month by email. He or she can provide you with legal advice specific to your case.

This Website is not intended to create any solicitor-client relationship. By using MyOntarioDivorce.com, no solicitor-client relationship will be created between you and MyOntarioDivorce.com. Instead, you are representing yourself in your Family Law proceeding with the assistance of MyOntarioDivorce.com's automated court forms service.

If you have purchased PREMIUM+ MEMBERSHIP, a solicitor-client relationship will be created between you and the affiliated lawyer we assign to your account. However, this affiliated lawyer will not be your solicitor of record. You continue to represent yourself in your Family Law proceeding.

Privacy Policy

MyOntarioDivorce.com respects your privacy and permits you to control the treatment of your personal information. This Website is committed to protecting your privacy and to providing you with a safe online experience.

This Privacy Policy governs data collection and usage. A complete statement of MyOntarioDivorce.com's current Privacy Policy can be found by clicking here. MyOntarioDivorce.com's Privacy Policy is expressly incorporated into these Terms and Conditions by reference.

Collecting Your Personal Information

When you open an account to use or access certain portions of the MyOntarioDivorce.com Website or service, you must complete the registration process by completely and accurately providing the information requested on the registration form.

You will be asked to provide basic personal information, including your full name, email address, home and billing address and telephone number.

You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password.

You may not use the account, username, or password of someone else at any time. You agree to notify MyOntarioDivorce.com immediately of any unauthorized use of your account, user name or password. MyOntarioDivorce.com shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge or permission. You may be held liable for any losses incurred by MyOntarioDivorce.com, its affiliates, employees, consultants, agents, and representatives due to someone else's use of your account or password.

Information about your computer hardware and software is automatically collected by MyOntarioDivorce.com. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by MyOntarioDivorce.com for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the MyOntarioDivorce.com Website.

Securing Your Personal Information

All personal information you provide on this site is voluntary. You can access our Website home page and browse our site without divulging your personal information.

MyOntarioDivorce.com secures your personal information from unauthorized access, use or disclosure. MyOntarioDivorce.com secures the personal information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.

All the information that you voluntarily provide online to enable us to complete your Divorce Forms and/or Separation Agreement, and more specifically the information you provide in your Online Questionnaire, will be kept confidential. Information will not be released for any commercial or other purpose. It will only be used to complete your Divorce Forms and/or Separation Agreement.

Use of Your Personal Information

MyOntarioDivorce.com collects and uses your personal information to open your account, to prepare your Divorce Forms and/or Separation Agreement and to deliver to you the services you have purchased. MyOntarioDivorce.com also uses your personal information to inform you of other products or services available from MyOntarioDivorce.com and its affiliates. MyOntarioDivorce.com may contact you via survey to conduct research about your opinion of our current services or of potential new services that may be offered.

MyOntarioDivorce.com may sell, rent or lease its customer lists to affiliated third parties who provide products or services that may be of interest to you. Information will not otherwise be released for any commercial or other purpose.

In addition to as specified above, MyOntarioDivorce.com will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal documents served on Berman Barristers and/or MyOntarioDivorce.com; (b) protect and defend the rights or property of MyOntarioDivorce.com; and, (c) act under exigent circumstances to protect the personal safety of users of MyOntarioDivorce.com, or the public.

Securing Your Credit Card Information

All credit card transactions are processed through a third party secure gateway and the information you provide is only used for making the current transaction. No credit card information is ever stored on our servers and it will only be provided to our credit card payment processor.

As an additional security measure, all successful and unsuccessful attempts to log into a user’s account are logged in our database along with date/time stamps, IP addresses, and other detectable information from the user. This information will be used for law enforcement purposes and for the protection of our users should there ever be any suspicion of unauthorized access to our database.

Ownership

This Website is owned and operated by Berman Barristers. All right, title and interest in and to the materials provided on this Website, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by Berman Barristers. or by its respective third party authors, developers, or vendors ("Third Party Providers").

Except as otherwise expressly provided by Berman Barristers, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Website shall be construed to confer any license under any of Berman Barristers intellectual property rights, whether by estoppel, implication, or otherwise. Berman Barristers does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by MyOntarioDivorce.com and Berman Barristers Any rights not expressly granted herein are reserved by Berman Barristers and MyOntarioDivorce.com.

Limited Permission to Download

MyOntarioDivorce.com hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational and non-commercial use and provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other Website or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Links to Third Party Websites

MyOntarioDivorce.com contains links to websites controlled by parties other than MyOntarioDivorce.com (the "Third Party Sites"). MyOntarioDivorce.com works with a number of partners and affiliates whose websites are linked with MyOntarioDivorce.com. In addition, a number of these websites are public information sites.

MyOntarioDivorce.com is not responsible for and does not endorse or accept any responsibility for the availability, the content, the products, the services or the use of the Third Party Sites or any website accessed from a Third Party Site, or any changes or updates to such websites. MyOntarioDivorce.com makes no guarantees about the content or quality of the products or services provided by the Third Party Sites.

MyOntarioDivorce.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyOntarioDivorce.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on the Third Party Sites and agree that MyOntarioDivorce.com is not responsible for any loss or damage of any sort you may incur from dealing with a Third Party Site. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

Rights and Responsibilities of MyOntarioDivorce.com:

Although it cannot make an absolute guarantee of system security, MyOntarioDivorce.com takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.

If MyOntarioDivorce.com's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, MyOntarioDivorce.com reserves the right to delete those files or to stop those processes. If the MyOntarioDivorce.com technical staff suspects a user name is being used by someone who is not authorized by the proper user, MyOntarioDivorce.com may temporarily disable that user's access in order to preserve system security. In all such cases, MyOntarioDivorce.com will contact the member as soon as feasible.

MyOntarioDivorce.com reserves the right to refuse service to anyone and to cancel user access at any time for any reason.

Rights and Responsibilities of MyOntarioDivorce.com’s Users:

The use of your MyOntarioDivorce.com user account for any illegal activity under the laws of Ontario and Canada is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside MyOntarioDivorce.com's locality or your own residence.

You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact MyOntarioDivorce.com via email as soon as possible.

No Warranty

This Website and all Materials provided on this Website are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, MyOntarioDivorce.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

MyOntarioDivorce.com makes no warranty that: (a) the Website or the Materials will meet your requirements; (b) the Website 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 Website, or any Materials offered through the Website, will be accurate, successful or reliable; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the Website or in reliance on the Materials will meet your expectations or will result in you being entirely successful in your proceedings.

MyOntarioDivorce.com does, however, guarantee that your Court Form will be accepted by the court. If for any reason it is rejected by the court, we will make the required changes to your Form free of charge.

Any Materials obtained through the use of the Website are obtained at your own discretion and at your own risk. All of the documents and forms available for downloading on our Website are scanned for viruses. MyOntarioDivorce.com shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.

Limitation of Liability

In no event shall Berman Barristers and/or MyOntarioDivorce.com, its employees, representatives or agents be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tort action, or arising out of or in connection with the use or inability to use this Website or Materials available from this Website, even if MyOntarioDivorce.com has been previously advised of the possibility of such damage. If your use of Materials from this Website results in the need for servicing, repair or correction of computer equipment or data, you assume any costs thereof.

Indemnification

You agree to defend, indemnify and hold harmless Berman Barristers and/or MyOntarioDivorce.com, its employees, representatives and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable lawyers' fees and costs, arising out of or in any way connected with your access to or use of the Website and its Materials.

Compliance with Intellectual Property Laws

When accessing MyOntarioDivorce.com or using MyOntarioDivorce.com's Divorce Form automated preparation service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the service and the Website is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership.

You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your User ID.

MyOntarioDivorce.com has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed upon the rights of MyOntarioDivorce.com or of a third party or that violate intellectual property rights generally. MyOntarioDivorce.com's policy is to remove such infringing content or materials and investigate such allegations immediately.

Inappropriate Content

When accessing the MyOntarioDivorce.com Website or using MyOntarioDivorce.com's services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.

MyOntarioDivorce.com reserves the right to terminate or delete such material from its servers. MyOntarioDivorce.com will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Minors

Persons under the age of 18 years are not eligible to use this Website, and we ask that they do not submit any personal information to us.

Copyrights

All Website design, text, graphics, the selection and arrangement thereof, Copyright © 2008, Berman Barristers ALL RIGHTS RESERVED.

Trademarks

MyOntarioDivorce.com, all images and text, and all page headers, custom graphics and button icons are service marks or trademarks of MyOntarioDivorce.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Acknowledgment

By using MyOntarioDivorce.com's services or accessing the MyOntarioDivorce.com Website, you acknowledge that you have read these Terms and Conditions of use and agree to be bound by them.

Full Disclaimer

MyOntarioDivorce.com is not a law firm, and the employees of MyOntarioDivorce.com are not acting as your lawyer. Use of the Website does not create a solicitor-client relationship between you and MyOntarioDivorce.com. That is, you do not officially retain MyOntarioDivorce.com by using this Website.

MyOntarioDivorce.com does not perform the legal services that a lawyer performs. This Website DOES NOT PROVIDE LEGAL ADVICE OR LEGAL OPINIONS. If you require legal advice, we recommend that you upgrade to PREMIUM+ MEMBERSHIP or consult with an experienced lawyer who specializes in Family Law.

If you have purchased PREMIUM+ MEMBERSHIP you will have online access via email to an experienced Family Law Lawyer. A solicitor-client relationship will be created between you and that Lawyer. However the Lawyer is not your solicitor of record. He or she will be providing you with legal advice and/or legal opinions only on an as needed basis and only to the extent requested by you.

The information, documents, newsletters, links and resources on this Website and the information discussed during our tele-seminars and podcasts DOES NOT CONSTITUTE LEGAL ADVICE.

The information on this Website is about the court process following separation and divorce in Ontario, Canada, and no other jurisdiction. The Website offers only general information about Family Law, litigating your case, and the Family Court process.

MyOntarioDivorce.com makes every effort to keep this Website up-to-date. However, as the law is constantly evolving through court decisions and changes in procedural rules, there may be some occasions when it is not completely up-to-date.

All Divorce Forms and Separation Agreements are generated using only data inputted by purchasers without any legal advice from MyOntarioDivorce.com.

The provision of Divorce Forms does not constitute a statement, warranty, guarantee or otherwise that you will be successful in litigating your case.

MyOntarioDivorce.com's legal document service is not a substitute for the advice of a Family Law Lawyer.

By using MyOntarioDivorce.com to assist you to self-litigate you agree to the following:

• I am representing myself in this legal matter.
• I have been informed of the services that MyOntarioDivorce.com is performing, and the cost of these services.
• No regulatory or governmental entity or authority has evaluated or approved the MyOntarioDivorce.com Website, its knowledge or experience, or the quality of MyOntarioDivorce.com's services.
• MyOntarioDivorce.com is not permitted to engage in the practice of law including providing any kind of legal advice, explanation, opinion, or recommendation to a purchaser about possible legal rights, remedies, defences, options or strategies.
• Only the Family Law Lawyers affiliated with MyOntarioDivorce.com are permitted to engage in the practice of law including providing any kind of legal advice, explanation, opinion, or recommendation about possible legal rights, remedies, defences, options or strategies.
• MyOntarioDivorce.com exists solely within the City of Toronto in the Province of Ontario. I agree that regardless of where I reside or where my browser is physically located, my viewing and use of MyOntarioDivorce.com occurs solely within the City of Toronto in the Province of Ontario, and that all content and services shall be deemed to be served from, and performed wholly within, Toronto, Ontario, as if I had physically traveled there to obtain the service. I agree that Ontario law shall govern any disputes arising from my use of this Website, and that the Ontario Superior Court of shall have exclusive jurisdiction over any disputes.