Disclaimer
Updated March 2025
This Disclaimer, along with the Terms of Use and the Privacy Policy, are entered into by and between You and Diverge Legal of Kicz Legal Professional Corporation (“Diverge”, “Diverge Legal”, ”Company,” “we,” or “us”) and govern your access to and use of www.divergelegal.com including any content, functionality, and all services provided by us (“Services”) offered on or through www.divergelegal.com or any of its subdomains and social media pages (the “Website”). By accessing this Website, you hereby acknowledge and agree to be bound by this Disclaimer.
Informational Purposes Only
While the information on this site may relate to or consider legal issues, it is not intended as legal or professional advice or as a substitute for the advice of your own counsel. Anyone seeking specific legal or professional advice or assistance should retain an attorney or seek appropriate independent professional guidance. The information, content and materials of this Website (“Materials”) are for informational purposes only and may not reflect the most current legal developments. The Materials are not offered as legal or any other advice on any particular matter. The transmission and receipt of information contained on the Website, in whole or in part, or communication with the Company via the Internet or e-mail through this Website is not intended to create and does not constitute a lawyer-client relationship between you and the Company or any representative of the Company. You should not send us any confidential information in response to this Website. Such responses will not create a lawyer-client relationship, and whatever you disclose to us will not be privileged or confidential unless we have agreed to act as your legal counsel or legal consultant and you have executed a written engagement and retainer agreement with us. You should not act or refrain from acting on the basis of any Materials included in the Website without seeking the appropriate legal or professional advice on the particular facts and circumstances at issue.
Not Legal Advice
The law changes rapidly and is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts and certain government and administrative bodies. The law is a personal matter, and no general information on the Website can fit every circumstance. Furthermore, the legal information contained on the Website is not legal advice and is not guaranteed to be correct, complete or up-to-date. We do not draw legal conclusions, provide legal advice or apply the law to the facts of your particular situation. This Website is not intended to create any attorney-client relationship, and your use of this Website does not and will not create an attorney-client relationship between you and the Company. Diverge and its Services, Materials, products or the information on this Website are not substitutes for the independent legal advice of an attorney.
Non-Reliance
Any reliance you place on the information presented on or through the Website is strictly at your own risk. The Materials on the Website are provided on a non-reliance basis only. We expressly disclaim all liability and responsibility arising from any reliance placed on such Materials by you or any other visitor to the Website, or by anyone who may be informed of any of its Materials. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, usefulness, suitability or availability of this information or with respect to the Website or the Materials, products, Services, or related graphics contained on the Website for any purpose. Any of the Materials on the Website may be out of date at any given time, and we are under no obligation to update such Materials.
Errors and Omissions
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice. You expressly acknowledge and agree that Diverge Legal and any of its owners, directors, employees or contractors, shall in no event be held liable or responsible for any errors or omissions on the Website, nor any damages you may suffer as a result of your use or non-use of the information or Materials on the Website or your failure to seek professional advice on your matter.
Views Expressed
Any opinions expressed through the Materials of this Website are the opinions of the particular author and may not reflect the opinions of the Company or any individual lawyer or legal consultant of the Company. This Website may include content provided by third parties, including content or materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
No Guarantees
Past performance is not indicative of future results. Prior results do not guarantee a similar outcome. Neither the Company nor any of its representatives make any warranty or representation concerning the results, or the successful determination of any matter or the favourable outcome of any action, legal or otherwise of yours. Furthermore, the payment of any fees for the Services, or the purchase or download of any Materials on the Website, is not contingent on the ultimate outcome of the Company’s involvement or assistance or performance relating to the Services or Materials.
User Responsibility
By accessing this Site, you accept responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information or Materials available on this Website. We expressly disclaims all liability in respect to your actions taken or not taken based on this Website or any or all Materials of this Website.
Reviews and Recommendations
We may provide reviews or recommendations of information sources, products and/or services offered by the Company or third parties. Diverge will only recommend products that we have personally used or that come highly recommended by trusted peers. All reviews and recommendations made by the Company or its representative are truthful and reflect the real opinion of the Company at the time of publication. Diverge will disclose the existence of any discount or incentive received, or commission earned, in exchange for providing any such review or recommendation, where applicable.
Affiliate Links and Third Party Sites
Through this Website you may be able to link to other websites which are not under the control of Diverge Legal. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Some links within this Website may lead to other sites that we believe may be useful or informative, however, inclusion of any links on this Website does not necessarily imply a recommendation or endorse the views expressed within them. These links to third party sites or information are not intended as, and should not be interpreted by you as, constituting or implying our endorsement, sponsorship, or recommendation of the third party information, products, or services. It is your responsibility to inform yourself independently to discern whether any such third party information, products and/or services may benefit you. Diverge will clearly disclose the existence or use of affiliate links and any incentive received or commission earned from the inclusion of those affiliate links on the Website. Any incentive received or commission earned from affiliate links by us are of no extra cost to you.
You acknowledge and agree that Diverge 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 content, goods or services available on or through any such third party websites or services. We have no control over the nature, content, resources, and availability of those sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We strongly advise you to read the terms of service and privacy policies of any third party websites or services that you visit.
Testimonials
Testimonials appearing on this Website are received in various forms via a variety of submission methods. All testimonials are truthful and reflect the real life experiences of individuals or businesses who used our products and/or Services. However, individual results may vary. We do not claim, nor should the reader assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials are not necessarily representative of what anyone else using our products and/or Services may experience. The people giving testimonials on this Website may have been compensated with free products or discounts for use of their experiences. The testimonials displayed are given verbatim except for grammatical or typing error corrections. Some testimonials may have been edited for clarity, or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. All testimonials are reviewed for authenticity before they are posted for public viewing.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any Services or items obtained through the Website or to your downloading of any Materials posted on it, or on any website linked to it.
Your use of the Website, its content, and any Services or items obtained through the Website is at you own risk. The Website, its content, and any Services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any Services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the Website or any Services or items obtained through the Website will otherwise meet your needs or expectations.
To the fullest extent permitted by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, title and fitness for particular purpose, and all warranties arising from course of dealing, usage, or trade practice.
WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD-PARTY MATERIALS ARE PROVIDED "AS IS" AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY MATERIALS IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY OWNER OR DISTRIBUTOR OF THE THIRD-PARTY MATERIALS.
Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including, without limitation, reasonable legal and accounting fees, arising out of or relating to your violation of these Terms of Use or your access to, use or misuse of the Materials or the Website, including, but not limited to, your User Contributions, any use of the Website’s content, Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website. Diverge shall provide notice to you of any such claim, suit, or proceeding. Diverge reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against the Indemnified Parties without our written consent.
Limitation of Liability
To the fullest extent permitted by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind without limitation, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings or earnings, loss of use, loss of goodwill, loss of data, loss of or damage to property and claims of third parties arising out of your access to or use of the Website, our content, or any member content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise.
The foregoing shall apply even if foreseeable or if we were advised of the possibility of such damages. If you become dissatisfied in any way with the Website, your sole and exclusive remedy is to stop your use and access of the Website.
You hereby waive any and all claims arising out of your use of the Website. Because some jurisdictions do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you.
The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. The foregoing does not apply to liability arising from any fraud or fraudulent misrepresentations, or any other liability that cannot be excluded limited by applicable law.
Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 15 days before initiating legal action. Such informal negotiations commence upon written notice from one Party to the other Party.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the courts of the Province of Ontario and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim whether sounding in contract, tort, or statute arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with and enforced under the laws of the Province of Ontario, without giving effect to any choice or conflict of law provision or rule of any other jurisdiction.
Limitation of Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy and Disclaimer constitute the sole and entire agreement between You and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. The section headings are provided merely for convenience and shall not be given any legal import.
Contact
This Website is operated by Diverge Legal of Kicz Legal Professional Corporation.
You may direct any other feedback, comments, requests for technical support, and other communications relating to the Website or this Disclaimer to us.