Terms & Conditions
Updated March 2025
Acceptance of the Terms of Use
These terms and conditions of use and service are entered into by and between You and Diverge Legal of Kicz Legal Professional Corporation (“Diverge”, “Diverge Legal”, “Company,” “we,” or “us”). The following terms and conditions of use and service, together with our Privacy Policy, Disclaimer and any documents they expressly incorporate by reference (collectively, “Terms of Use”), 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”).
Please read the Terms of Use carefully before you start to use the Website. All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy and you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.divergelegal.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and agree to comply with all applicable laws and regulations. If you do not meet this requirement, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
GENERAL TERMS OF USE
Ownership
The Website is owned and operated by Diverge Legal. 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 or licensed either by us or by our respective third party authors, developers or vendors, as applicable. Except as may be expressly stated on the Website or in these Terms of Use, 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 abc.com’s intellectual property rights, whether by estoppel, implication or otherwise.
We do not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by, or offered on, www.divergelegal.com. Any rights not expressly granted herein are reserved by Diverge Legal.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. For the avoidance of doubt, the absence of a registered copyright or trademark symbol of any such materials shall in no way limit the protection afforded by applicable intellectual property and proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Material on our Website, except as follows:
Your computer may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
Modify copies of any Materials from this Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any Services or Materials available through the Website. If you wish to make any use of any Materials on the Website other than as set out in this section, please contact us with your request.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Website Access
We reserve the right to withdraw or amend this Website, and any Service or Materials we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Limited Permission to Download
Diverge Legal hereby grants you permission to download, view, copy and print certain Materials available for download on www.divergelegal.com on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (i) the copyright and trademark notice appearing below appears in such Materials, (ii) the Materials are not used on any other site nor 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 the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on or derived from this Website may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
Copyrights
All Website design, text, graphics, the selection and arrangement thereof, © 2025 Diverge Legal by KLPC. All rights reserved. 150 King St. West, Toronto, Ontario, M5H 1J9 Canada.
Trademarks
The Company name, the term 'Diverge', the Company logo, and all related names, logos, product and Service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and Service names, designs, and slogans on this Website are the trademarks of their respective owners.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, reviews, comment sections and other interactive features (collectively, “Interactive Services”) that may permit users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. Contributions to, access to and use of the User Contributions is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use.
All User Contributions must comply with the 'Content Standards' set out in these Terms of Use.
Any User Contribution you post to the Website will be considered non-confidential, non-proprietary, and shall not be treated as privileged. Diverge is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Without limiting the foregoing, we retain the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
If you believe that any User Contributions violate your copyright, promptly notify us of the copyright infringement.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United Kingdom, the United States, Canada or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any Materials that do not comply with the 'Content Standards' set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional Materials without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Materials on the Website.
Use any manual process to monitor or copy any of the Materials on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, provincial, local, and international laws and regulations.
Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Reviews
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements;
(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Enforcement and Waiver
Without limiting any rights of the Company contained in these Terms of Use, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AS APPLICABLE, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Website Linking and Social Media Features
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to our publicly available Website, subject to the terms hereof, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and that the link does not portray us or our products or Services in a false, misleading, derogatory, or offensive matter, and provided you do not i-frame them or alter the content therein or in any way imply or suggest a form of relationship, association, approval, or endorsement on our part without our express consent. therewith. You may not use any logo, trademark, or trade name that may be displayed on this Website or other proprietary graphic image in the link without our prior written consent.
This Website may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website.
Send emails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the Materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice and to request that you remove all links or any particular link to this Website. You hereby agree to immediately remove all links upon request.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
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.
TERMS OF PURCHASE AND SALE
Products
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. You represent and warrant that you are purchasing products from the Website for your own personal or internal business use only, and not for resale or export. For more information about your usage rights relating to products from this Website, see ‘Limited Rights to Download’ above.
Payment
We accept the following forms of payment: AMERICAN EXPRESS, SHOP PAY, INTERAC, GOOGLE PAY, PAYPAL, MASTERCARD, APPLE PAY, & VISA. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. All payments shall be in Canadian dollars.
All prices posted on this Website are subject to change without notice. The price charged for a product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or any other applicable charges. All such taxes and charges will be added to your merchandise total as deemed required by us and will be itemized in your shopping cart and in your order confirmation email. You agree to pay all charges at the prices then in effect for your purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS OF USE AND SERVICE. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
Refunds
All sales are final. We currently do not accept any returns or exchanges on any product available for purchase on this Website. Please order carefully to ensure you purchase the correct product.
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.
Termination of the Terms of Use
Diverge reserves the right, in its sole discretion, to restrict, suspend, or terminate the Terms of Use and your access to all or any part of the Website or the Materials at any time and for any reason without prior notice or liability. Diverge reserves the right to change, suspend, or discontinue all or any part of the Website or the Materials at any time without prior notice or liability. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website, may be referred to appropriate law enforcement authorities. Diverge may also in its sole discretion and at any time discontinue or modify the Website, the Materials, or any part thereof, with or without notice.
Upon any expiration or termination of the Terms of Use, the sections titled ‘General Terms of Use’, ‘Disclaimer of Warranties’, ‘Indemnification’, ‘Limitation of Liability’, ‘Termination of the Terms of Use’, ‘Dispute Resolution by Binding Arbitration’, and ‘Miscellaneous’ shall survive in full force and effect according to their terms.
Dispute Resolution by Binding Arbitration
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.
MISCELLANEOUS
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 the Terms of Use to us.