Terms and Conditions
SECTION 1 - OVERVIEW
This website is operated by Cody Malloy Law. Throughout the site, the terms “we”, “us” and “our” refer to Cody Malloy Law. Cody Malloy Law offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - NO LAWYER-CLIENT RELATIONSHIP
No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using the Cody Malloy Law website or by communicating with lawyers by way of email or through our website, including use of any assessment or contact form.
SECTION 4 - LEGAL ADVICE NOT PROVIDED
The material provided on the Cody Malloy Law website, including all articles, templates, assessments, contact forms etc., are for general information purposes only and do not replace specific legal advice.
The material on this website is not intended to provide legal advice or opinions of any kind and may not be used for professional or commercial purposes. No one should act, or refrain from acting, based on the information, content or materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice.
The hypertext links, consultation questionnaire, search mechanisms, portals, documents and information on this website are provided for your convenience only. These materials may have no evidentiary value and should be checked against official sources before they are used for professional or commercial purposes. It is your responsibility to determine whether these materials are admissible in a given judicial or administrative proceeding and whether there are any other evidentiary or filing requirements. Your use of these materials is at your own risk.
SECTION 5 - COMMUNICATIONS NOT CONFIDENTIAL
Cody Malloy Law does not guarantee the confidentiality of any communication via email or its website, including any contact form, that relates to a matter for which the firm does not already represent you. In matters that Cody Malloy Law does represent you, email may not be secure. If you choose to provide personal or confidential information to Cody Malloy Law via email or through its website, including any contact form, you are providing your consent to any potential conflicts that may arise from your communication.
SECTION 6 - ASSESSMENTS, QUESTIONNAIRES AND CONTACT FORMS
Any online assessments, questionnaires and contact forms, and the information that users provide therein, is subject to these Terms of Use. The information and documents that users provide through an assessment, questionnaire or contact form on this website is done so voluntarily and at the users own risk. Cody Malloy Law does not guarantee the confidentiality or security of any information or documents provided therein.
A user’s completion and submission of a contact form does not create any obligation on Cody Malloy Law to review or respond to the user’s contact form(s) or correspondence. Notwithstanding Cody Malloy Law's receipt or review of the user’s contact form, the user acknowledges and agrees that Cody Malloy Law is not agreeing to perform any work on the user’s legal matter and that Cody Malloy Law has not accepted any professional responsibility related to the user’s matter.
The user acknowledges and accepts that a contact form is not suitable for time-sensitive enquiries and it is the user’s responsibility to ensure his legal rights are protected and that all applicable deadlines are met. Last, the user acknowledges and agrees that Cody Malloy Law is not responsible for any matter – and will not perform any work on any file – unless the user has executed Cody Malloy Law's retainer agreement and delivered the executed retainer agreement, along with any applicable retainer deposit, to Cody Malloy Law's offices or via confirmed electronic communication within the earlier of 15 business days or the deadline set out in Cody Malloy Law's retainer.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - ONTARIO LAW APPLIES
The laws of the province of Ontario and the laws of Canada applicable therein shall govern use of this website and the interpretation, validity and effect of this agreement, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this website and agree not to commence any such action or proceeding except in Toronto, Ontario, Canada.
SECTION 9 - RESERVED RIGHTS
Copyright © 2024 Cody Malloy Law. All rights reserved. The Cody Malloy Law website, including the any assessment, and other tools, and any contact form, contains information, communication, software (including program codes that may execute on the server or that may be embedded in or downloadable from individual pages on this website), images, sounds, music, graphics, photos, videos and other materials and services (collectively, the “Content”).
You agree that the Cody Malloy Law and the selection, arrangement, architecture and enhancement of the Content and other website features, including assessments and tools, (the “Website Design”) are protected by Canadian and international intellectual and industrial property rights, including copyrights, trade-marks and other proprietary rights. These rights are valid and protected in all media existing now or developed later, and all use of the Content or Website Design shall be in accordance with such rights and the terms of this agreement.
Users of this website are granted a limited license to display or print its content for their own personal non-commercial use, provided the Content is not modified. Any other use of the Content or the Website Design is prohibited. The Content and Website Design may not be otherwise reproduced, republished or redisseminated in any matter or form without the prior written consent of Cody Malloy Law.
SECTION 10 - LINKING
You may link to the front page of this website at www.codymlaw.com. Any other link to this website, and any linking to the pages within this website or framing of content on this website, is prohibited without the prior written consent of Cody Malloy Law. Any reference on this website or in subsequent communication from Cody Malloy Law to any product or service by trade name, trade-mark, hypertext link or otherwise is provided to you for your convenience only and does not constitute or imply its endorsement or recommendation by Cody Malloy Law. To the extent that this website contains links to other websites, Cody Malloy Law does not control the availability or content of such websites. Your use of any linked websites is at your own risk.
SECTION 11 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 12 - PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy. The Privacy Policy shall be available on our website.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER
Provision of legal services are governed by the Law Society of Ontario (“LSO”). LSO has stipulated that “a lawyer may market legal services if the marketing is demonstrably true, accurate and verifiable, is neither misleading, confusing, or deceptive, nor likely to mislead, confuse, or deceive, and is in the best interests of the public and consistent with a high standard of professionalism.”
Success in past cases and other past results are not necessarily indicative of future results and the amount recovered and other litigation outcomes will depend on the facts in individual cases.
In accordance with the Law Society’s regulatory framework, we confirm that nothing on our public website is intended to communicate marketing messages that:
1) “suggest qualitative superiority to other lawyers”;
2) “raise expectations unjustifiably”;
3) “suggest or imply that the law firm or lawyer is aggressive”;
4) “disparage or demean other persons, groups, organizations or institutions”;
5) “take advantage of a vulnerable person or group”; or
6) “using testimonials or endorsements which contain emotional appeals”.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at cody@codymlaw.com.