Please read these Terms and Conditions (“Terms”) carefully. These Terms apply to users of our website at brblegalclinic.ca (the “Website”). By using the Website or Services (as defined below), you indicate that you (“you”, “End User”), agree to be bound by these Terms and by the Brown, Romilly, Barnes Clinic Society Privacy Policy (the “Privacy Policy”), which is incorporated by reference, in consideration of being allowed access to the Website and Services and hereby enter into a legally binding agreement with BRB. If you do not agree, you must refrain from using the Website and Services.
These Terms set forth the terms under which BRB will provide access to and use of the Website and the Services.
Third-Party Services may be subject to additional terms of service, which will be disclosed to you in connection with those services. Those supplemental terms of service will supersede these Terms in the event of conflict with these Terms.
A. DESCRIPTION OF THE WEBSITE
1. BROWN, ROMILLY, BARNES CLINIC SOCIETY.
Brown, Romilly, Barnes Clinic Society (“BRB“, “we“, “our“, or “us“) is a Black-focused legal clinic that provides legal services in British Columbia.
2. The Website.
Through the Website, BRB collects intake information from individuals seeking legal services in British Columbia. The clinic collects certain information to assess whether you meet the eligibility criteria for BRB’s pro bono services (which may include household income, household size, community identity, ethnicity, and residency) and to check for conflicts of interest before deciding whether BRB can act. We keep your information private in accordance with our Privacy Policy. If we cannot help, we may suggest External Counsel (as defined below) or another organization. We will ask you first and tell you who they are before we share any of your information. Such referral is a no-obligation referral, which means we cannot guarantee that they will agree to assist you.
IF YOU HAVE AN EMERGENCY, PLEASE CALL EMERGENCY SERVICES IMMEDIATELY (9-1-1 IN MANY JURISDICTIONS) AND/OR APPROPRIATE LEGAL AID IN YOUR JURISDICTION.
B. DEFINITIONS
1. Definitions.
As used in these Terms:
“Applicable Laws” means all laws, regulations and rules applicable to the particular End User, BRB or External Counsel including but not limited to all applicable privacy and data protection laws and legal profession legislation, regulations, rules, and professional codes of conduct.
“BRB Content” means content that BRB has prepopulated or provided by default into the Website, including intake questions.
“End User Content” means content that End Users have uploaded through the Website or in connection with the Services, including information provided during the intake process.
“End User System” means the technology system, including hardware and software used by the End User to access the Website.
“External Legal Counsel” means lawyers or organizations external to BRB that BRB may refer End Users to.
“Services” means legal services, referrals for legal services, or any other services made available by BRB through or in relation to the Website.
“Third-Party Services” are services offered by third parties that integrate with the Website.
C. USE OF THE WEBSITE
1. Compliance with Laws.
Access to and use of the Website and Services by End Users is subject to all applicable international, federal, provincial, state, and local laws and regulations. End Users agree to comply with all Applicable Laws in relation to their access and use of the Website and Services.
2. Use of the Website.
The End User agrees to only use the Website and Services to assist them in seeking legal services pursuant to these Terms.
3. No Solicitor-Client Relationship Through Use of the Website.
Use of the Website (including submitting an intake or contact form on the Website or contacting BRB through the Website) does not create a solicitor-client relationship between any End User and BRB.
4. No Verification.
BRB does not screen, endorse or recommend any External Counsel or the quality of legal services provided by External Counsel. BRB does not represent or warrant that any External Counsel have the necessary and required licenses, qualifications, or authorizations (including being a practicing lawyer in good standing with the Law Society B.C.) to provide legal services in accordance with these Terms and Applicable Laws.
5. Representations, Warranties, and Covenants of the End User.
The End User represents, warrants and covenants to BRB, and BRB is relying on such representations, warranties and covenants in entering into these Terms, as follows:
that the End User has the power and authority to enter into these Terms and perform their obligations hereunder;
that as between the End User and BRB, the End User will be solely responsible for how the End User accesses and uses the Website;
that any information that the End User provides at any time to BRB is true, accurate, and complete;
that the End User has all necessary rights to provide any End User Content, or any other information, data, materials or content to BRB for the purposes described in these Terms;
that the End User shall use the Website and Services in compliance with Applicable Laws;
that the End User’s use of the Website and Services is not contrary to Applicable Laws;
that the End User shall remain liable for any
information the End User provides, including any personal information, in the course of using the Website or Services;
acts or omissions of the End User in using the Website or Services including, but not limited to any claims for damage or injury to persons or property or security breaches; or
any violation of any Applicable Law by the End User (or by association, BRB) in using the Website or Services,
and the End User hereby irrevocably agrees to indemnify, defend and hold harmless BRB from any and all costs, damages, expenses, fees or other amounts arising out of, or related to any claims, suits proceedings (actual or threatened) by any person relating to (i), (ii) or (iii); and
that the End User acknowledges that use of the Website and any referral to External Counsel made by BRB to the End User does not replace independent professional legal advice provided by a lawyer or other legal professional.
The End User acknowledges that any breach of the foregoing representations, warranties, or covenants may result in BRB suspending or terminating their access to the Website and Services in accordance with these Terms.
6. Limited End User License.
Subject to the End User complying with these Terms, BRB hereby grants to the End User a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the Website and the BRB Content in accordance with these Terms and not for resale. End Users shall not acquire any ownership rights in the Website, with the exception of any End User Content. The term of the End User’s license commences on the date of the End User’s acceptance of these Terms. An End User’s license shall terminate immediately, automatically and without notice if the End User attempts to circumvent any security measures used in connection with the Website or the Services or the End User otherwise breaches these Terms.
7. Access and Security Guidelines.
The End User shall ensure that their End User System is secure and uses an up-to-date commercially available anti-virus and security software. BRB has no responsibility whatsoever for any End User System. The Website is intended to be used individuals seeking the services of legal professionals in British Columbia. BRB makes no representations that the Website is appropriate, legal or available for use in any jurisdiction outside of British Columbia. End Users who access or use the Website do so at their own volition and risk and are responsible for compliance with all Applicable Laws (local, domestic and foreign) in the jurisdiction they are accessing the Website from.
8. Recording of Video and Audio Conferences.
End Users are not permitted to record or transcribe any video or audio conferences with any BRB personnel without such BRB personnel’s prior written consent.
9. Compatible Devices.
The Website operates on certain operating systems. End Users acknowledge and agree that BRB is not responsible for ensuring that an End User’s software is compatible with the Website, or that an End User can use or access the Website through the End User’s device(s). We reserve the right to terminate an End User’s use of the Website should the End User use the Website with an incompatible or unauthorized device.
10. End User Data.
The End User is solely responsible for any data the End User provides through the Website (including through any intake or contact form). The End User will not provide, post, or transmit any data, information, content, or material that:
infringes, misappropriates or violates any intellectual property rights, publicity/privacy rights or other rights of any third party, or any law or regulation; or
contains any viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data, security or personal information.
BRB may take any remedial action if the End User violates this Section C.10; however, BRB is under no obligation to review any data, information, content or material on the Website for accuracy or potential liability.
11. Legal Records.
Records created by the interactions the End User may have with BRB such as but not limited to: intake and contact forms, emails, attachments and appointments, may be subject to Applicable Laws and rules. You grant to BRB all necessary rights and licenses in and to your End User Content and their copies of any records in which your End User Content is recorded as reasonably required for BRB to provide the Services, as applicable, to the End User, as well as to comply with Applicable Laws and professional requirements.
12. Use Restrictions.
The End User is responsible for all activities that occur related to the End User’s use of the Website. The End User will not, and will not attempt to, do any of the following:
copy, frame, or mirror any part of the Website or BRB Content;
reverse engineer, disassemble or decompile any component of the Website;
interfere in any manner with the operation of the Website or the hardware and network used to operate the Website;
harvest, collect, gather or assemble information or data regarding the Website or information or data of other End Users or BRB without their consent;
access, modify or copy any data or information of the Website or BRB or other End Users, without their consent;
knowingly interfere with or disrupt the integrity, security or performance of the Website or the data contained therein;
use the Website for the benefit of a third party or operate a service bureau;
distribute or disclose any part of the Website in any medium, including by any automated “scraping”;
collect or harvest any personal information from the Website;
use the Website for any commercial solicitation purposes;
access any content on the Website through any technology or means other than those provided or authorized by the Website;
submit to the Website or to BRB any information that may be protected from disclosure by applicable law;
bypass the measures we may use to prevent or restrict access to the Website, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Website;
remove, modify or obscure any copyright, trademark or other proprietary rights notices contained in or on the Website;
execute any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between BRB’s servers or any data not intended for the End User;
modify, copy or make derivative works based on any part of the Website
otherwise use or access the Website in any manner that exceeds the scope of use permitted under these Terms;
use or access the Website in any way, or publish, transmit, distribute, or store on the Website any information or data that is unlawful, libelous, defamatory, obscene, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
use or access the Website in any way that would constitute, encourage or provide instructions for a criminal offense or give rise to civil liability, violate the rights of any party, or that would otherwise violate any Applicable Laws;
use or access the Website in any way that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party anywhere in the world;
use or access the Website in any way that introduces or spreads viruses, corrupted data or other harmful, disruptive or destructive files in to the Website or programming routines intended to damage, surreptitiously intercept or expropriate any system, data, security or personal information; or
use or access the Website in any way that, in the sole judgment of BRB, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose BRB to any harm or liability of any type, or creates or imposes an inappropriate load or creates large bandwidth-consuming transactions on the Website.
End Users can report any conduct or content that they believe is unacceptable use to BRB at privacy@brblegalclinic.com.
13. Refusal by BRB or External Counsel to Provide Legal Services.
You acknowledge and agree that BRB or External Counsel have the right to refuse to provide Services or legal services to you, (including where you have completed an intake or contact form through the Website), in the event that BRB or External Counsel have reasonable grounds to do so, including but not limited to your behavior in breach of Applicable Laws.
14. BRB Content.
The End User acknowledges and agrees that BRB provides access to BRB Content “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. BRB shall have no liability whatsoever arising from or relating to any End User’s use of BRB Content. Any use by an End User of BRB Content is entirely at the End User’s own risk and discretion.
15. End User Content.
The End User acknowledges and agrees that BRB allows the transmissions and uploading of End User Content and provides access to such End User Content through the Website “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. BRB shall have no liability whatsoever arising from or relating to any End User’s use or disclosure of End User Content. Any use or disclosure by an End User of End User Content is entirely at the End User’s own risk and discretion.
16. Suggestions and Feedback.
All End Users agree that any and all creative ideas, notes, drawings, suggestions or other information that an End User may provide to BRB, whether solicited or unsolicited (“Feedback”), is the property of BRB, our affiliates and subsidiaries, or our partners, including all intellectual property rights therein, without providing any compensation to the End User or any other person and without any liability whatsoever. End Users hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to BRB and irrevocably waive all moral rights they may have therein.
17. Trademarks, Logos and Branding.
The trademarks, logos, signs, symbols, images and brands (“Marks”) displayed on the Website are the property of BRB, our affiliates and our other partners or third-party service providers where named. End Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the Internet without the written permission of BRB or such third party which may own the Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. All BRB Content available on or through the Website is protected by intellectual property laws. End Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any BRB Content for commercial purposes.
18. Violation of Third-Party Rights.
End Users represent and warrant that all content of any kind that is uploaded to or transmitted through the Website, including End User Content, will not violate or infringe upon the rights of any third party including, but not limited to, any trade secret, copyright, trade-mark, trade dress, patent, privacy, publicity, confidentiality or other personal or proprietary rights of any such third parties. BRB may terminate the privileges of any End User who utilizes the Website to unlawfully publish, transmit, link or otherwise provide access to copyrighted material without a valid license, the express consent of the copyright owner or a fair dealing or fair use exemption (or equivalent under applicable law) and the End User shall have the burden of establishing the same to the satisfaction of BRB, acting in its sole discretion.
19. Third-Party Services.
BRB may decide to use integrated Third-Party Services, provided through the Website, as part of the Website. The End User acknowledges and agrees that BRB provides access to such Third-Party Services “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. BRB shall have no liability whatsoever arising from or relating to any End User’s use of Third-Party Services. BRB limits the use of personal information by third parties that BRB partners with to those purposes requested by BRB and requires third-party partners to have appropriate safeguards for the protection of Personal Information.
Notwithstanding the foregoing, BRB may provide the End User with access to, or the Website the ability to connect with Third-Party Services over which BRB neither monitors nor has any control nor input.
Any use by an End User of Third-Party Services is entirely at the End User’s own risk and discretion and the End User should ensure that the End User is familiar with and approves of the terms on which these Third-Party Services are provided by the relevant third-party provider(s).
For more information on how BRB shares information with third parties, see BRB’s Privacy Policy.
20. Linked Sites.
In the event the Website contains links to websites and other resources operated by third parties other than BRB (“Linked Sites“) such links are provided solely as a convenience to End Users. BRB does not control such Linked Sites, and is not responsible for the privacy practices, collection of personal information, content, products, services or information offered by any third parties. The inclusion of links to the Linked Sites on the Website does not imply any endorsement or any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If an End User decides to access any Linked Sites or acquire any third-party products or services, the End User does so entirely at their own risk, and the End User may be subject to the terms and conditions and the privacy policies imposed by such third parties.
21. Suspension or Cancellation of Use.
In addition to any other right or remedy that BRB may have under these Terms or at law, BRB may suspend (partially or completely) the End User’s access to the Website and use of the Website without prior notice for any reason, but BRB will confirm such termination or suspension by subsequent notice to the End User. The End User is responsible for any claims, fees, fines, penalties and other liability incurred by the End User or others caused by the End User’s use of the Website.
22. Content.
BRB takes no responsibility and assumes no liability for any content submitted by the End User, other End users or any third party on, in, or to the Website, or for any loss or damage arising therefrom, nor is BRB liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity the End User may encounter.
D. BRB’S USE OF DATA
1. Personal Information BRB Collects from End Users.
When End Users submit an intake or contact form through the Website, End Users may be required to provide us with certain personal information, which may include their name, phone number, e-mail address, and certain demographic information. This information will be retained and used by BRB in accordance with these Terms and the Privacy Policy. You agree that all information provided by you to BRB via the Website will be accurate and complete.
2. Statistical Usage Data.
BRB owns the statistical usage data derived from the End User’s use of the Website, including Third-Party Services integrated for use with the Website, such as: IP addresses, web browser type, operating system information, information about the parts of the Website that an End User accesses and uses, the date and time of the End User’s access and use of the Website and in-application time, actions within the Website, crashes and other system activity on the Website, certain content that the End User download from the Website, configurations, log data, feature access, and the performance results for the Website (“Usage Data”). End Users agree that the Usage Data will be owned by BRB without providing additional compensation to the End User or any other person and without any liability whatsoever. BRB may utilize the Usage Data to optimize and improve the Website, retain customers, or otherwise conduct its operations.
3. Customer Support.
BRB may need to access End User personal information within the Website for the purpose of providing customer support. BRB will only access or alter such personal information with the implied or express consent of the End User in accordance with these Terms and BRB’s Privacy Policy. BRB will only access as much personal information as is reasonably required to diagnose or resolve the issue.
4. Privacy.
By accessing or using the Website or Services, or otherwise accepting or agreeing to these Terms, the End User consents to the collection, use and disclosure of the End User’s personal information by BRB as set out in the Privacy Policy, which may be amended from time to time. The Privacy Policy sets out additional terms about the types of Personal Information that BRB collects through an End User’s use of the Website and Services, and the purposes for such collection, use and disclosure.
E. INDEPENDENCE
1. Independence.
A lawyer who has agreed in writing to provide legal services to an End User (whether as a BRB lawyer or External Counsel) shall have sole responsible for the supervision and direction of such legal services provided and shall be responsible for the manner in which they are performed, for the method employed in doing the same, and for all acts and things done in the performance of the foregoing. The End User is independent and not an employee, agent, joint venturer or partner of or with BRB. Nothing contained in these Terms and the relationship created between the parties hereby shall, directly or indirectly, constitute the employees, contractors and personnel of the End User to be an employee, joint venturer, or agent of BRB.
F. SECURITY AND SUPPORT
1. BRB Security.
The security of personal information in our care is important to us. We have built security features into our Website to help protect your personal information when using the Website. BRB takes precautions to help safeguard personal information we manage through the Website or is otherwise provided to us. We have made security arrangements to protect against unauthorized access, collection, use, disclosure, and disposal of personal information, in a manner appropriate to the sensitivity of the information.
We use security practices to protect our systems, which include but are not limited to regular monitoring of our systems for possible vulnerabilities and attacks. We also take steps to ensure that our third-party service providers provide similar or better privacy and security for the personal information they process for us. As well, BRB will use care when destroying or disposing of personal information to prevent unauthorized access, use or disclosure of any personal information. BRB’s personnel with access to personal information are required to respect the confidentiality of such information.
The safety and security of your personal information also depend on you. BRB is not responsible for any End User activity on the Website via unauthorized access to End Users’ devices. BRB is not responsible for any failure by you to secure your own devices and their access to the Internet or your use of public, unsecured networks.
Unfortunately, information systems, the transmission of information via the Internet and mobile Websites are not completely secure.
Although we have designed features and employed security techniques to protect your personal information, we cannot guarantee the security of personal information at all times. Any transmission of your personal information is at your own risk.
2. Support.
Support is available by contacting BRB at privacy@brblegalclinic.com to receive feedback and to support the End User with any issues with the Terms or the Website.
3. Website Availability.
BRB will use commercially reasonable efforts to maintain the reliability and efficiency of the Website, subject to regularly scheduled maintenance services or other scheduled interruptions and unscheduled interruptions to the availability of the Website due to factors beyond the control of BRB, the End User, or third parties and further subject to any other limitations or disclaimers in these Terms.
G. VIOLATION OF THESE TERMS AND TERMINATION
1. Term.
The term of these Terms will commence on the date the End User begins to use the Website or Services and continues until terminated in accordance with the provisions of these Terms.
2. Suspension and Removal of Access.
BRB may monitor, terminate, or suspend any End User’s access to the Website or Services at any time. BRB may, acting in its sole discretion and without prior notice to the End User, suspend or remove any End User’s access to the Website, or any part of the Website, at any time, for any reason, including, without limitation:
if the End User engages in fraud, dishonesty, breach of a statute or any other law;
any action or activity of End User which may adversely affect BRB’s interest, reputation, or otherwise bring BRB into disrepute, including without limitation, creating risk of legal exposure for BRB;
conduct on the part of End User that is detrimental to the operations of BRB, as determined at the sole discretion of BRB;
any failure to comply with any term or condition of these Terms or any representation or warranty of End User being untrue, incorrect or inaccurate at any time under these Terms; or
in response to requests by law enforcement or any other government agencies.
3. Remedies.
In addition to the foregoing, BRB reserves the right to pursue all remedies available at law and in equity for violation of these Terms. The parties recognize that a failure by the End User to comply with any provision of these Terms will result in damages to BRB for which it could not be adequately compensated by monetary award. Accordingly, End User agrees that in the event of such failure (or threatened failure) and in addition to any other remedies available to BRB at law or in equity, BRB shall be entitled as a matter of right, to apply to a court of competent equitable jurisdiction for such relief by way of a restraining order, injunction, decree or otherwise, as may be appropriate to ensure compliance with the provisions of these Terms.
4. Termination.
These Terms, as amended from time to time by BRB, shall remain effective until terminated by the End User or BRB. Upon termination of these Terms for any reason, the End User must cease accessing the Website and Services and promptly delete, purge and destroy all electronic and other copies of any BRB Content.
5. Survival.
The terms and conditions of Section C 1, 3, 5 and 6, Section D 4 (Privacy), Section C 14 (BRB Content) and 16 (Feedback), Section D (BRB’s Use of Data, Section G 3 (Remedies), Section H (Indemnity and Remedies), Section I (Limitation of BRB’s Liability), Section J (Disclaimers), and Section K (General), as well as any indemnity specified in these Terms, will survive any removal of access from the Website or Services.
H. INDEMNITY AND REMEDIES
1. Indemnity.
End User shall indemnify, defend and save harmless BRB and its affiliates, subsidiaries, related entities and their respective officers, directors, employees, contractors or agents, licensors, representatives, successors and assigns (the “Indemnified Parties”) from and against any and all claims, liabilities, losses, actions, and causes of action brought against, and all expenses and costs (including legal expenses on a full indemnity basis and any other fees and expenses incurred for investigating and defending any action or threatened action, as well as settlement costs), or damages of every nature and kind whatsoever, which any of the Indemnified Parties may suffer or incur arising from or in connection with:
the End User’s use of the Website or Services, use of BRB Content, End User Content, any use of Linked Sites or third party activities;
any negligence or wilful misconduct by an End User;
the End User’s breach or alleged breach of these Terms;
the End User’s violation or alleged violation of any Applicable Laws; and
the End User’s infringement or violation of any intellectual property rights.
2. Conditions.
Without derogating from or excusing the End User’s obligations under the indemnity provision above, BRB reserves the right (at the End User’s expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to indemnification by the End User even if the End User chooses to defend or settle it. The End User agrees not to settle any matter that is subject to indemnification by the End User without first obtaining BRB’s express prior approval.
I. LIMITATION OF BRB’S LIABILITY
1. Limitation of Liability for the Use of the Website.
In no event shall BRB, its affiliates, subsidiaries, related entities and any of their respective officers, directors, employees, contractors or agents, be liable, whether under statute or in contract, tort, strict liability, equity or under any other legal theory, for any personal injury (including paralysis), personal property damage, breach of privacy, loss, accident or death, for any third-party claims, direct, indirect, punitive, consequential, incidental or special loss or damages (including without limitation lost profits, business interruption, replacement cost of personal property, the cost of procuring substitute service or lost opportunity, reputational loss or data corruption or data loss) arising out of or in connection with the use of the Website, Services, BRB Content, or a Linked Site, or for any delay or inability to use the Website, Services, BRB Content, or a Linked Site, or arising out of or in connection with the Website or Services, howsoever arising including negligence, even if BRB is made aware of the possibility of such injury, loss, accident, death or damages.
This limitation of liability includes, but is not limited to, the transmission of any viruses, malware, or malicious app which may infect an End User’s equipment or devices, failure of the Website and/or Services to be compatible with an End User’s hardware or application, failure of mechanical or electronic equipment or communication or interconnect lines or fibre, or other connectivity problems, unauthorized access or unauthorized disclosure of personal information or data, theft, loss of data, operator errors, strikes or other labour problems or any force majeure event.
BRB cannot and does not guarantee continuous, uninterrupted, error free or secure access to the Website or Services.
2. No Liability for Legal Services Provided by External Counsel Arranged through the Website.
BRB does not endorse or control any External Counsel or their legal services. End Users agree that BRB has no responsibility or liability to End Users related to any legal services provided to End Users by External Counsel. Any and all claims regarding the failure, breach, loss, negligence or bodily injury or death arising from or in connection with External Counsel’s activities or services are limited to claims against any and all such External Counsel and other third-party service providers.
3. Cap on Liability.
Applicable laws may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to an End User. However, even if this is the case, in no event shall the total liability of BRB for all damages, losses and causes of action and costs and expenses (including legal fees) whether in contract, tort (including but not limited to negligence), equity or under any other legal theory, related to an End User’s use of, or the inability to use, the Website or Services exceed the aggregate of all amounts paid to BRB by the End User on whose behalf the End User receives the Services, during the twelve (12) months prior to the event which gave rise to the claim in question.
J. DISCLAIMERS
BRB is not responsible for the conduct of any End User using the Website. By using the Website, End Users agree to accept such risks and agree that BRB is not responsible for the acts or omissions of End Users or third-parties on the Website.
BRB is not responsible for the use or disclosure of any personal information that an End User discloses to other End Users or third-parties on or as a result of using the Website.
BRB is not responsible for any charges, including data overage fees, which may be charged by an End User’s internet service provider as a result of the End User’s use of the Website or Services. End Users are responsible for monitoring their own data consumption, and any charges incurred as a result.
BRB does not guarantee that BRB or any External Counsel that BRB has referred you to will agree to provide you with legal services. BRB is not responsible for any External Counsel’s practice management or their communication or lack of communication with you, including in connection with a referral from BRB.
K. GENERAL
1. No Warranty.
Except as expressly set out in these Terms, and to the fullest extent permitted by applicable laws, BRB makes no representations, warranties or conditions of any kind. To the fullest extent permitted by applicable laws, the Website is provided on an “as is” and “as available” basis without warranty of any kind, express or implied, including without limitation, implied warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose, security, suitability or accuracy.
BRB does not warrant that the Website or BRB Content are suitable for or will meet End User requirements, are free of defects, that the operation of the Website will be free from interruption or error free, and BRB does not warrant that errors or defects on the Website or BRB Content will be corrected.
Further, BRB does not warrant, endorse, guarantee, provide any conditions or representations or assume responsibility for any product or service advertised or offered by any third party through the Website or any Linked Site, including any third-party activities, and BRB shall not be a party to any transaction that an End User may enter into with any such third-party through the Website, any Linked Site, or otherwise.
2. NO SOLICITOR-CLIENT RELATIONSHIP.
YOU ACKNOWLEDGE AND AGREE NO SOLICITOR-CLIENT RELATIONSHIP ARISES BETWEEN YOU AND ANY BRB PERSONNEL UNLESS AND UNTIL BRB CONFIRMS IN WRITING THAT IT HAS AGREED TO PROVIDE YOU LEGAL SERVICES. EXTERNAL COUNSEL ARE INDEPENDENT AND ARE NOT EMPLOYED BY BRB OR OTHERWISE AFFILIATED WITH BRB. BRB CANNOT GUARANTEE THE QUALITY OF LEGAL SERVICES THAT EXTERNAL COUNSEL PROVIDE TO END USERS. EXTERNAL COUNSEL ARE RESPONSIBLE FOR ENSURING THAT THEY ARE PROPERLY LICENSED, QUALIFIED AND/OR AUTHORIZED TO PROVIDE LEGAL SERVICES TO YOU, AND THEY ARE SOLELY RESPONSIBLE FOR THE LEGAL SERVICES THAT THEY PROVIDE TO YOU, INCLUDING COMPLIANCE WITH PRACTICE STANDARDS, RECORD KEEPING, APPLICABLE LAWS AND PROFESSIONAL OBLIGATIONS. BRB DOES NOT ENDORSE OR RECOMMEND ANY PARTICULAR EXTERNAL COUNSEL OR ORGANIZATION AVAILABLE THROUGH THE WEBSITE OR SERVICES, OR ANY ADVICE OR RECOMMENDATION PROVIDED BY ANY EXTERNAL COUNSEL. ANY AND ALL ADVICE YOU OBTAIN (AND ANY RESULTS OR LACK OF RESULTS FROM FOLLOWING OR NOT FOLLOWING SUCH ADVICE) FROM ANY EXTERNAL COUNSEL IS THE RESPONSIBILITY OF SUCH EXTERNAL COUNSEL, AND YOU.
3. Notice.
In any case where any notice or other communication is required or permitted to be given by one party to the other party hereunder, such notice or communication will be provided by BRB or the End User by email or mail using the contact information as provided by the other party from time to time.
4. Express Consent and Electronic Communications.
By entering into these Terms, End Users expressly consent to receiving electronic messages (emails, instant messages or any similar form of message) from BRB at the electronic addresses provided by the End User or by communications submitted through the Website. End Users acknowledge and agree that any electronic communication shall satisfy any legal requirement that such communication or notification be in writing. Please see our Privacy Policy or contact us at privacy@brblegalclinic.com for information on how to unsubscribe from certain electronic communications from BRB.
5. Entire Agreement.
These Terms, the Privacy Policy, and any supplemental terms referred to herein, constitute the entire agreement between the parties with respect to all of the subject matters herein and supersede and replace any other prior oral or written understandings or agreements of any kind between the End User and BRB regarding the Website and the Services. In the event of conflict between these Terms and the Privacy Policy, these Terms shall prevail.
6. Changes to the Terms.
These Terms may be amended by BRB at any time, in its sole discretion. End Users will be notified of material updates to these Terms. Use of the Website or Services by the End User, following any such amendment and notification, will constitute acceptance by the End User of the amendment. It is the End User’s responsibility to ensure that the End User is aware of the current Terms when the End User accesses or uses the Website or Services. If the End User does not agree to any modification of these Terms, the End User must immediately stop using the Website and Services.
7. Consideration.
For avoidance of doubt, the End User acknowledges that the End User’s acceptance of these Terms is supported by good and valuable consideration including, but not limited to, the limited license granted in these Terms, and the End User hereby acknowledges the receipt and sufficiency of such consideration.
8. Enurement.
These Terms shall enure to the benefit of and be binding upon the parties and their respective legal or personal representatives, heirs, executors, administrators, successors or permitted assignees.
9. Assignment or Subcontract.
These Terms may not be assigned or subcontracted (in whole or in part) by the End User. BRB may assign any or all of its rights and obligations hereunder to an affiliate, subsidiary or a successor in title to the Website and Services and/or the business and undertaking of BRB.
10. Force Majeure.
BRB shall not be liable, or be considered to be in breach of or default under these Terms on account of, any delays or failure in performance as required by these Terms due to causes or events beyond our reasonable control, including but not limited to, where the delay or failure is due to acts of God, acts of any government, war, acts of civil or military authorities, natural disasters, strikes or lockouts or other labour or contractor actions, civil disturbance, work refusal, fires or related fire hazards, explosions, power outages or interruptions, brownouts, internet service provider failure or delay, cyberattacks, earthquakes, floods, spills, accidents, epidemics or pandemics, acts of terrorism, riot, embargoes, shortages of transportation facilities, fuel, energy, labour or materials, equipment failure or the software or systems of a third party, or other similar events which cannot be reasonably foreseen or provided against. If such a delay occurs, performance obligations shall be deemed extended for a period equal to the delay.
11. Governing Law.
These Terms and the End User’s legal relationship with BRB shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Each of the parties hereto agrees irrevocably to attorn to the exclusive jurisdiction of the Courts of such Province except for applications for injunctive relief or specific performance by BRB. The Website and Services are meant to be used by End Users within British Columbia. End Users are not permitted to access the Website or Services from any jurisdiction in which the BRB Content or End User Content is illegal or accessing the Website or Services is illegal.
12. Severability & Waiver.
If any provision of these Terms is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect. The failure of BRB to insist upon or enforce strict performance of any provision of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of BRB’s right to assert or rely upon any such provisions.
13. Interpretation.
The section headings in these Terms are for convenience only and have no legal or contractual effect. As used in these Terms, “including” means “including but not limited to.” The words “herein,” “hereof,” and “hereunder” refer to these Terms as a whole.
14. Electronic Signatures.
You acknowledge and agree that by clicking “I Accept,” “I Agree,” or a similar button or checkbox, or by using the Website or Services, you are electronically signing these Terms and agree to be bound by them.
L. CONTACT INFORMATION
If you have any questions about these Terms, please contact us:
Brown, Romilly, Barnes Clinic Society
Legal
Email: privacy@brblegalclinic.com
Questions or concerns regarding the collection of your personal information, can be directed to the BRB Privacy Officer, who is responsible for ensuring BRB’s compliance with the privacy terms in these Terms and the Privacy Policy. You can contact the Privacy Officer at:
Email: privacy@brblegalclinic.com