These Terms and Conditions (“terms”) cover your use of and access to the www.absolutedisputeresolution.com website and all associated web pages and Absolute Dispute Resolution’s mediation, coaching and document preparation services (collectively, “services”) provided by Absolute Dispute Resolution and any of its affiliates (collectively, “ADR”).
These terms constitute a legally binding agreement between ADR and you.
It is your responsibility to review these terms periodically, for any updates or revisions.
If, for any reason, you do not agree to these terms, ADR recommends that you do not use its website or services.
Age of Majority
By using ADR’s Services, you agree that you are at least 18 years of age and have the legal capacity to enter into a contract.
ADR is Not a Law Firm and Does Not provide Legal Advice
The information provided by ADR should not be constituted as legal advice. ADR is not a law firm and provides content on its website and as part of its services that is solely intended to be legal information meant for personal use. ADR does not review any legal information you provide us for legal accuracy or sufficiency, drawing legal conclusions, providing opinions about your selection of forms, or apply the law to the facts of your situation.
As ADR is not a law firm, please note that any communications between you and ADR may not be protected as confidential information under the privilege doctrine, unless we have been retained for professional-led services and additional agreements are executed between ADR and the client.
If you require legal advice for your specific situation, ADR recommends that you utilize the assistance of a lawyer as legal advice does not fall within the purview of these terms.
Consent to Receive Emails
By providing your email, you agree that you may receive communications from ADR, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the unsubscribe link in the footer of the actual email.
By using ADR Services, you acknowledge and accept that submitting your telephone number to ADR constitutes an inquiry to ADR and that ADR may contact you at the number submitted.
ADR Services are owned and operated by Absolute Dispute Resolution. All rights, title, and interests in the services provided, including but not limited to information, documents, logos, graphics, sounds, and images are owned by ADR exclusively. Except as otherwise expressly provided by ADR, none of the services may be copied, reproduced, republished, posted, displayed, or distributed in any way and nothing shall be construed to confer license under ADR’s intellectual property rights. ADR reserves any rights not expressly granted herein.
Limited Permission to Download
ADR hereby grants you a limited permission to download, view, copy, and print material from ADR solely for your personal, informational, non-commercial use provided that the materials and any trademark or copyright marks are not altered in any way. This condition terminates automatically, without notice, if you breach any of these terms. On any termination as set out in the section entitled “Termination of Access”, you agree to immediately destroy any downloaded or printed materials.
You may not copy the content of ADR’s forms, separation agreements, memos of understanding or other forms, for use or sale. Resale or unauthorized distribution of materials downloaded from ADR is strictly prohibited.
Links to Third Parties
ADR may contain links to third-party resources and businesses (“links”) on the internet. The links are provided for your convenience to help you identify, locate, and utilize other resources that may be of interest to you. ADR does not sponsor and is not legally associated with any links.
If you use any service provided on a link, ADR will not be responsible for any act or omission of that third-party and does not warrant or support any service provided by that third-party.
Dispute Resolution by Mediation
Most client concerns can be resolved quickly and to the customer’s satisfaction by emailing email@example.com.
However, if ADR is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of our services, we mutually agree to resolve such dispute first through mediation instead of in courts of general jurisdiction.
If we find that we are unable to reach resolution by informal discussion, we agree to attempt to resolve any dispute, claim, or controversy arising out of the use of ADR by mediation, which shall be conducted by a trained and impartial mediator, appointed by ADR. Furthermore, you and ADR each agree that respective good faith participation in mediation is a condition precedent to pursuing any other legal or equitable remedy. Either you or ADR may commence the mediation process by providing written notice to the other, setting forth the subject of the dispute, claim, or controversy. Within 15 days after the receipt of the written notice, the recipient shall deliver a written response to the sender. The initial mediation session shall be held 30 days after the initial notice. You and ADR agree to share equally in the fees for the mediation process (which shall not include any expenses incurred by each party for its own legal representation in connection with the dispute resolution process). Each party shall pay its own additional expenses relating to the dispute resolution process. Both parties understand the confidential nature of mediation and further acknowledge and agree that all discussions, offers, statements, and agreements made in the course of mediation shall be confidential and, additionally, inadmissible in any other legal proceeding involving the parties.
Notwithstanding our agreement to mediate disputes, the following exceptions will apply to the resolution of disputes between us:
You agree that by agreeing to use these services, you are waiving your right to a trial by jury or to participate in a class action. ADR may, in the future, make changes to these provisions regarding dispute resolution by providing notice in accordance with the section of the terms entitled “modifications”.
Termination of Access
In the event that the client does not pay the fees, costs, or any portion thereof, ADR may immediately suspend customer’s right to receive the service that is subject to payment default and any other service used by customer regardless as to whether the customer has or has not paid the fees or costs in relation to that other service. ADR may also terminate access to services without prejudice to enforcement of any other legal right immediately upon giving written notice of such termination if the customer infringes on ADR’s intellectual property in a manner that breaches the section entitled “Limited Permission to Download” or if the customer breaches any other material provision of these terms.
In addition to the client’s other obligations contained in these terms, the client will:
Content and Comments by other Customers
At various locations on www.absolutedisputeresolution.com, ADR may permit visitors, customers, or third parties to post content and comments (“user content and comments”). ADR is not responsible for and does not necessarily hold the opinions expressed by third-party contributors. User content and comments is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed by ADR. You acknowledge that by providing you with the ability to view and/or distribute content through the site, ADR is not undertaking any obligation or liability with respect to the content. Notwithstanding the foregoing, ADR reserves the right to block or remove any user content or comments at any time in our sole discretion.
You are legally and ethically responsible for any user content and communication that you post or transmit using ADR that allow interaction or dissemination of information. In posting user content and communication, you agree that you will not submit any content:
You grant ADR a perpetual, irrevocable, royalty-free, transferable right, and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate any such us user content and communication form, medium, or technology throughout the world without compensation to you.
Unlawful or Prohibited Use
By using ADR, you accept sole responsibility that your use of or access to our services does not violate any applicable laws in Ontario.
You may not hack www.absolutedisputeresolution.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information ADR has not intentionally made available to you on its website. Your use of ADR does not entitle you to resell any ADR content without prior express written consent from ADR, as set out in the section entitled “Limited Permission to Download”.
Disclaimer of Representations and Warranties
The website, services, and all materials, documents, or forms provided on or through your use of the services are provided on an “as is” basis and “as available” basis. To the fullest extent permitted by law, ADR expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
ADR MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS. ADR MAKES NO WARRANTY THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, OR ERROR-FREE BASIS. ADR MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES OFFERED WILL BE ACCURATE OR RELIABLE. ADR MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES, OR RELIANCE ON THE MATERIALS, WILL MEET YOUR EXPECTATIONS. INFORMATION RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR UNIQUE SITUATION.
OBTAINING ANY MATERIALS THROUGH THE USE OF ADR’s WEBSITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ADR SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
Limitation of Liability and Indemnification
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL ADR, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, OR AGENTS (“ADR PARTIES”) BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES INCURRED BY YOU OR ANY THIRD-PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE, SERVICES, OR MATERIALS, EVEN IF ADR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ADR PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE, SERVICES, OR MATERIALS, FOR YOUR USE OF THE WEBSITE, SERVICES, OR MATERIALS, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE OR SERVICES, OR OTHERWISE RELATING TO THE WEBSITE OR SERVICES.
IF THERE IS LIABILITY FOUND ON THE PART OF ADR, IT WILL BE LIMITED TO THE AMOUNT PAID TO ADR BY YOU FOR THE SERVICES OR MATERIALS, EXCEPT AS ALLOWED PURSUANT TO THE SECTION ENTITLED “DISPUTE RESOLUTION BY MEDIATION”.
On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold ADR Parties harmless from any and all losses, damages, expenses, including reasonable lawyer’s fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
You agree to indemnify ADR parties from any and all losses, damages, expenses, including reasonable lawyer’s fees, rights, claims, actions of any kind, and injury (including death) arising out of third-party claims relating to your use of the services, your violation of these terms, or your violation of any rights of another.
Except for any obligation to make payments, any delay or failure of either you or ADR to perform its obligations under these terms will be excused if, and to the extent that the delay or failure is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, action by any governmental authority (whether valid or invalid), fires, flood, wind storms, explosions, riots, natural disasters, wars, terrorist acts, sabotage, labour problems (including lock-outs, strikes, and slowdowns), or court order injunction or order; provided that written notice of delay (including anticipated duration of the delay) must be given within 10 days of the affected party first becoming aware of such event. In the event that the force majeure event lasts for 90 days or longer, either party will have the option to terminate these terms upon written notice to the other and neither party will be liable to the other.
You agree not to make any oral or written statement about ADR which are intended or reasonably likely to disparage or otherwise degrade ADR’S reputation or loss of clients. For the purposes of this agreement, disparage shall mean any negative statements, reviews, comments, or feedback, whether written or oral, about ADR, or any member of ADR. This will include, all written or electronic communication, whether made by phone, email, text message, or a post on any other website.
Should breach of this non-disparagement clause occur, liquidated damages up to an amount of ten thousand dollars ($10,000.00) (decided by ADR) shall be immediately payable to ADR upon written notice to the party who committed the breach.
These Terms will be governed by the law of Ontario.
Waiver, Severability, and Assignment
ADR’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is determined to be unenforceable, the remaining provisions of the terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights under these terms, and any such attempt will be void. ADR may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the services.
Waiver and Disclaimer:
You acknowledge, understand and agree to the following if you are using our website or any of our services.
1. You are aware and understand that we are not a law firm and none of our staff are not lawyers.
2. You are aware and understand that we do not practice law. You are also aware and understand that ADR does not hold itself out as being a person or entity authorized to practice law and/or provide legal service in Ontario.
3. You are aware and understand that we are not able to provide you with legal advice. Only a lawyer can give legal advice.
4. You are aware and understand that our website is intended to provide general information only and is not a substitute for legal advice. You are aware and understand that it is your sole responsibility to verify all information provided to you on our website with a lawyer.
5. You are aware and understand that if you use our services for an uncontested or joint divorce, you are using a document preparation service only and ADR will prepare your uncontested or joint divorce documents based solely on the information provided by you in our Divorce Questionnaire, which you will be required to complete. You are aware and understand that ADR does not draft your divorce documents.
6. You are aware and understaond that should your divorce become contested, we will be unable to further assist you with your document preparation and will recommend that you seek legal advice. You are aware and understand that we may refer you to ADR's mediation services.
If there are any outstanding or contentious issues between you and your spouse, we strongly recommend you seek legal advice from a lawyer before beginning the divorce process. Only a lawyer
can ensure your legal rights are protected.
YOU ARE AWARE AND UNDERSTAND: WE ARE NOT LAWYERS. WE DO NOT PROVIDE LEGAL ADVICE. WE DO NOT DRAFT LEGAL DOCUMENTS. WE DO NOT PROVIDE LEGAL SERVICES. WE DO NOT HOLD OURSELVES OUT TO BE LAWYERS.
ADR may revise these terms from time to time and will always post the most current version on www.absolutedisputeresolution.com with the date of the revision. By continuing to use or access the services after the revisions come into effect, you agree to be bound by the revised terms.
June 15, 2021