Terms of Service
Last updated: April 14, 2022
Hi, thanks for opening up the Counsel Collective terms of service. We’re happy you’re here and taking the time to read this contract. We’ll try to keep things brief, but this is a contract and so we do have some ground to cover because – lawyering.
Let’s get started.
Is this a contract?
These terms of service and all policies or other terms referred to in this document make a single contract covering your use of the counselcollective.co website or our online community platform, and covers you participating in events or programs in our video chat virtual space supported by Kumospace, Inc. (collectively, “Services”)
This contract is between you and Martin Finestone Professional Corporation d/b/a Legal Adjacency. To keep things simple in this contract, we will refer to ourselves in this contract as “Counsel Collective”, “us”, “we”, or “our”. As for “you”, that means you the individual reading these words right here, right now.
How and when does this become a contract?
If you do not want to agree to this contract, then you must stop using all Services. Please only come back if you are ready to agree to the current version of this contract. We’ll be here for you when you are.
Could this contract be changed?
If we do change this contract, the updated version will be published on the Counsel Collective’s website at counselcollective.co. All changes will be effective once we publish them to the Services. Using the Services after a posted change will form your acceptance of the revised contract.
You cannot change this contract unless we agree in writing.
When does this contract end?
This contract will end when we stop providing you with access to the Services. If you violate this contract while we are operating the Services, then it, along with all permissions we gave you in this contract, will automatically end.
The end of this contract does not stop you or us having obligations or liabilities connected to this contract. Those terms in this contract which by their nature should survive this contract’s termination will survive.
Who may use the Services?
You must be at least 18 years old to use our Services. You cannot use the Services if you live in a jurisdiction where accessing the Services is illegal or prohibited. It is your responsibility to find out whether using the Services is lawful for you. You must be a lawyer to be eligible to register for an Account (this term is defined below).
You must comply with all laws relevant to you for using the Services.
Who owns the Services?
The Services are owned and maintained by Counsel Collective or its service providers. All copyright and other intellectual property rights in the Services and its content (including logos, images, slogans, blog posts, text, and videos) belong to us or our licensors. Unless we say otherwise, all rights are reserved.
Will you change the Services?
We update the Services regularly and may change any content at any time.
We are constantly changing and improving our Services. We may add, change, or remove features, functions, or other parts of the Services without notice, and we may suspend or stop part of our Services altogether. Counsel Collective may end your use of one or more Services.
What am I allowed to do when using the Services?
We want you to enjoy using the Services. Unless you breached this contract, you have a personal, non-exclusive, revocable, non-transferable, limited right to use the Services and its content.
You will need our written permission to use Services content for any other purpose.
May I link to the Services?
You may create links to the Services or any content on the Services along as you don’t do it in a misleading way or otherwise suggests any relationship between you and Counsel Collective where one doesn’t exist.
Periodically check your links to the Services because we may have changed, moved, or deleted the content you linked to.
Is there anything that I’m not allowed to do with the Services?
You must not and will not help others to:
(i) use the Services for any unlawful purpose or in way this contract prohibits;
(ii) intentionally post or send false information through the Services;
(iii) impersonate or pretend to be anyone else while using the Services;
(iv) use the Services to damage, disable, overburden, or impair the Services, or interfere with anyone else using the Services;
(v) try to gain unauthorized access to our computer systems or networks connected to the Services through hacking, password mining, or other means; violate our or our licensors’ intellectual property rights;
(vi) violate any person’s privacy or personality rights; or
(vii) unless you are permitted by law, do anything to or with the Services or any content or data given through the Services, including copy, change, translate, decompile, disassemble, reverse engineer, or create derivative works.
Do I need to register for an account to use the Services?
Anyone who is eligible under this contract to use the Services may browse the Service’s public-facing webpages. But to use most of the Services’ features, you will need to create an account (“Account”). You must be a lawyer to be eligible to register for an Account.
If you do need an Account to access any part of the Services, you must:
(i) ensure that any registration details you provide to us are true;
(ii) keep your username, password, and other Account details confidential; and
(iii) let us know promptly if you believe that your Account has been compromised by emailing us at email@example.com.
You are responsible for all activity under your Account, and you are liable for any losses caused by your Account incurred by Counsel Collective or others.
You may not create an Account for anyone except yourself without the other person’s permission.
We may terminate your Account or access to any password-protected areas of the Services at any time, if we believe your use of the Services is affecting the security and stability of the Services or harms other users.
We can mask into your Account to see your Account’s perspective for customer support and moderation purposes.
Registering for an Account and using the Services is currently free. But we may change this and allow you to upgrade to a paid subscription tier (if we ever introduce one).
How do I cancel my Account?
To cancel, go to the “Membership” page in your account and follow the cancellation instructions or send an email to firstname.lastname@example.org.
What about privacy and data security?
You represent and warrant that all personal information you give us is accurate.
Remember, data sent or received over the internet is not secure. We do not guarantee the Services is secure. Always make sure that you are using internet access and data security practices to protect yourself from hacks, viruses, malicious software, and other bad technology or things people do.
If I post content or data to the Services, do I own it?
The Services may have features allowing you to post or upload content and other data to the Services (collective, “Your Data”). As between you and us, you will remain the owner or licensor of all Your Data.
You grant us a worldwide, non-exclusive, sublicensable, limited term license to access, use, process, copy, distribute, perform, export, and display Your Data to provide, support, market and promote the Services.
You are responsible for the collection, accuracy, or completeness of Your Data. It is not our responsibility to check or moderate Your Data. You are responsible for all Your Data and for ensuring that all Your Data complies with this contract and all laws.
You are also responsibility for the security and backup of Your Data.
You represent and warrant that:
(i) you are the only owner of Your Data or have everything necessary to legally grant those licenses given to us in this contract;
(ii) all of Your Data disclosed or transferred to us will comply with all laws; and
(iii) none of Your Data violates any person’s rights.
We may remove some or all Your Data where we believe it violates this contract or one or more laws, legal process, or orders.
Is there anything else I should know about using the Services?
This should go without saying, but nothing in the Services is legal or financial advice. The Services are for information purposes only. Talk to a lawyer in the jurisdiction where you are located if you need legal advice.
Some Services are complemented by services or platforms owned and run by others. The Services may include links to websites, services, or content not owned or run by us. Anything not owned or run by us (“OPP”), including the internet-based virtual video chat platform offered via Kumospace, Inc.
OPP are not part of the Services even if we use OPP to make or add to the Services.
When we link to OPP, it doesn’t mean we recommend or endorse the website or the individual or organization operating it. Using OPP is at your own risk. We have no control or responsibility for OPP, including any availability, truthfulness, reliability, or legality. Nor do we have control over, or say in, the contractual terms that OPP providers have for you to use OPP.
May I send you feedback?
We love feedback. The more suggestions our users make, the better we become.
If you send us any feedback or suggestions, including about the Services or our newsletter, we might use it. If we choose not to use one of your suggestions, please don’t take it personally. We still love hearing from you.
By sending us any feedback or suggestions, you grant us an unlimited, irrevocable (so it cannot be reversed or taken back), perpetual (that means forever), sublicensable, transferable, royalty-free license to use any feedback or suggestions for any purpose with no obligation or payment to you. This license grant allows us to use or commercialize your feedback or suggestions and with no payment to you. You waive all your moral rights in your feedback or suggestions.
Do you have any responsibilities?
You aren’t the only one with responsibilities in this agreement; we have some, too. We will offer the Services to you in compliance with those laws relevant to us when providing Services to our customers.
We will be responsible for the performance of our employees, contractors, and service providers and their compliance with our obligations under this agreement.
What indemnities am I giving you for using the Services?
You indemnify and hold us and our officers, directors, employees, and licensors (collectively, “Indemnified Parties”) harmless against all claims, demands, legal fees, and expenses, or damages made or claimed by any person arising from: (i) your breach of this contract; or (ii) your violation of any law or any person’s rights. We are entitled to enforce the indemnities in this contract on behalf and in favour of the Indemnified Parties as their agent and trustee.
Are the Services being provided “as is” and are you disclaiming reps and warranties?
Yes, because we provide the Services for you to use for free, we offer it “as is” and “as available.”
Using the Services is at your own risk. We make no representations, warranties, conditions, or undertakings, whether express or implied, for the Services, its content, or data, including implied warranties and conditions of merchantability, fitness for a specific purpose, quality, title, and non-infringement. We also do not warrant that any errors or defects on the Services will be corrected.
We do not represent, warrant, condition, or guarantee anything related to the Services, including content or materials given on or through the Services.
Limitations of Liability. Where do you stand on those?
Because we provide the Services for free, we will have no liability arising from this contract, including your access or use of the Services, for these damages: direct, indirect, consequential, special, incidental, remote, speculative, exemplary, or punitive damages, or for loss of data, loss of profits, interruption, or loss of data. This exclusion of damages will apply no matter how those damages are caused and regardless of any theory of liability or theory of relief, whether based in contract, tort, negligence or otherwise, even if we have been told of the possibility of those damages.
If the above exclusion of liability or damages is not enforceable by law, then our highest liability to you for any claims arising out of your use of the Services is limited to USD $10.00.
What are the general terms that apply to this contract?
We may investigate complaints or alleged violations of this contract. We may cooperate with law enforcement authorities if they are investigating your use of the Services or Your Data.
The laws of the Province of Ontario and the laws of Canada relevant in Ontario, without reference to conflict of laws principles, govern this contract.
The courts Kitchener, Ontario will have exclusive jurisdiction. You waive all objections to exercising jurisdiction over you by those courts and to venue in those courts.
If one or more terms are invalid or unenforceable, those parts are severed, and the other terms continue in effect.
No failure or delay by either you or us in exercising on or more rights under this contract will waive that right. No waiver will be effective unless it is made in writing and signed by the waiving party’s authorized representative.
You cannot assign or transfer your rights under this contract to any other person. We may assign this contract to any person without restriction.
This contract benefits and binds the parties and their heirs, executors, successors, and permitted assigns.
HOW TO CONTACT US
Please send your questions about the Services or this agreement to:
And that’s Counsel Collective terms of service. Thanks for reading!