WHEREAS these terms of use explain how users may use the website https://www.thesoulattorney.com/legally-lit-library and all associated web pages;

WHEREAS a user’s access to and use of the website https://www.thesoulattorney.com/legally-lit-library and all associated web pages is subject to these terms; 

WHEREAS if a user does not agree with one or more of these terms, they are hereby asked not to access or use the site; and 

WHEREAS a user who has used or accessed this website is deemed to have accepted these terms of use.

LAST UPDATED: October 28, 2022

ACCEPTANCE OF THE TERMS AND CONDITIONS.

This website, https://www.thesoulattorney.com/legally-lit-library (“Site”) is owned and managed by Soul Attorney Inc.. a Canadian company. In these Terms & Conditions, “We”, “Us” and “Our” refer to Soul Attorney Inc. and the terms “You” or “Your” refer to any individual user of our Site.

These terms and conditions (the "Terms") shall apply to your purchase of products and related services through https://www.thesoulattorney.com/legally-lit-library (the "Site"). These Terms are subject to change at any time without prior written notice by Soul Attorney Inc. (referred to herein as either "Company," "We," "Us," or "Our"). The most recent version of these Terms shall be posted for your review at any time on the Site. 

Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

The information contained herein sets forth your rights and obligations and governs your use with respect to the transaction(s) contemplated hereby. They are legally binding on you.

These terms require the use of arbitration (on an individual basis only; i.e., case consolidations and class actions are not permitted) in order to resolve disputes. 

Please review this document in its entirety before entering into any transaction, purchase of any template or digital product from the legally lit library, or accessing any of our content in order to confirm your acceptance hereof. 

You may not order or obtain products or services from this website unless and until you: 

1. agree to these terms and conditions in their entirety;
2. are at least 18 years old; 
3. have the legal authority to bind the organization that you represent, if any, to these terms and conditions; and 
4. are not prohibited from accessing or using this website or any of this website's contents, goods, or services by any applicable law, rule, or regulation.

We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered, or prices for Services on our Site, without notice, at any time.

AVAILABILITY OF PRODUCT. 

Products listed on the Library Website may not be available at the time you make your order. Your order is subject to availability at our sole discretion.

TERMINATION OF YOUR USE.

If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access of our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.

ONLINE ORDERS. 

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. 

We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming e-mail at the e-mail address that you provide at such time. 

Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming e-mail) at any time in our sole discretion. 

PAYMENT TERMS.

All applicable prices are set forth alongside the goods and services offered on the Site and are “as listed” in Canadian dollars. Such prices are subject to change at any time by us in our sole discretion without notice. 

During the check-out process You will be provided with a list of the goods You are purchasing, their price, and a list of all additional charges. You will be asked to confirm Your order at the end of the check-out process. 

Upon execution of these Terms and Conditions by Your clicking “Buy Now,” “Complete Order,” or any other similar phrases that may appear on the purchase and check out page and or button, You hereby agree to pay to Us the full purchase amount for the product(s) or service(s) you purchase, set out in the box labelled "Order Total" regardless of what payment option You select at checkout.

Payment may only be made with a valid credit, debit card, or use of a bona fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

The Order Total is set out in Canadian dollars and includes shipping and handling fees (where applicable) and applicable taxes. The Order Total will be charged to the credit card you entered when the product is shipped. You may pay using one of the following credit cards: Visa, Mastercard, American Express, Discover. If your payment is declined or reversed for any reason, your order will be cancelled and your order will not be delivered.

If You select a payment plan option, You hereby agree to pay the full purchase amount and all fees or Order Total pursuant to the payment schedule outlined at checkout and selected by You, or else We reserve the right to send You to collections for any outstanding monies due and owed under this Agreement.

By proceeding to place an order by clicking “Buy Now,” “Complete Order,” or any other similar phrases that may appear on the purchase and check out page and or button, by entering your credit card or other payment information, or otherwise rendering payment, either in full or partial payment, for the  Legally Lit Library product or service You authorise Us to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan You selected at checkout, and You do not require separate authorization for each payment. 

Any payments not received within 5 calendar days of their due date shall be subject to a late fee of CAD $50.00. 

Any payments not received within 10 calendar days of their due date shall result in Your breach of these Terms and Conditions and may result in Your complete revocation from and any future access to the Legally Lit Library products or services and/or the Library Website. 

You hereby accept and agree that You shall still continue to remain responsible to make all payments due and owing under these Terms and Conditions to Us, even in the event Your access to the Program is revoked.

You shall not threaten or make any chargebacks to Our account or cancel the credit card that is provided as security without Our prior written consent. We reserve the right to collect any and all monies owed by You to Us for the Library Offerings by any means necessary within the parameters of the law.  In the event of a chargeback, We reserve the right to report the incident to credit reporting agencies as a delinquent account. You shall be responsible to pay for any fees associated with recouping payment, including but not limited to, collections fees and legal fees.

This Section will indefinitely survive expiry or termination of these Terms & Conditions.

REFUNDS.

Due to the electronic format of our products, we do not provide refunds. If you are unsatisfied with the product for any reason, please contact us at [email protected].

INTELLECTUAL PROPERTY.

All content, resources, materials, images, text, designs, graphics, page layouts, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks (“Intellectual Property”) are owned by us, unless attributed otherwise. All content on the Site is proprietary to us and you may not modify, whether in whole or in part, and of our Intellectual Property. 

You may use our Intellectual Property for non-commercial purposes only and only if you provide obvious credit to us and also a link back to the webpage on our Site or to the social media platform where our Intellectual Property was originally posted. In no event do you obtain any rights or ownership in our Intellectual Property or may you claim that it is your own content or creation.We take violations and infringement of our intellectual property rights seriously. 

We expressly reserve the right to take whatever legal steps necessary to protect and defend our rights and violators will be prosecuted to the fullest extent permissible by law. By using our Site, you agree to indemnify, defend and hold us harmless for any and all damages, costs and expenses, including legal fees, arising from your misuse of any of our intellectual property and our enforcement of our rights.

If you have any questions relating to how you may use our Intellectual Property please send your questions to [email protected].

 STRICTLY LIMITED LICENCE.

By purchasing any Product or Service from our Site, you are granted one limited, non-transferable, non-exclusive, royalty-free licence to the product you purchased. 

The use of this service provides you with a limited, non-exclusive, non-transferable licence for use of the Intellectual Property solely by you for your own personal and internal business use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of the service or any content may be reproduced in any form or incorporated into any information retrieval system other than for your personal use (but not for resale or redistribution). 

You may not deploy scraping technology or engage in bulk downloads of information on this website. You must not modify, translate, merge with other data, frame in another website, post on another website or otherwise use the content for a commercial purpose or further display, distribute or publish the service or content for use by others, or pass the Intellectual Property off as Your own. The rights granted to you do not include the right to use any registered trademark.

You acknowledge that your purchase of the products and services from the Legally Lit Library are for Your single individual use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the products and services from the Legally Lit Library without prior written consent or unless provided otherwise. 

Nothing in this Agreement shall transfer ownership of or rights to any of Our Intellectual Property to You, nor grant any right or licence other than those stated in these Terms and Conditions.

If in our sole discretion we have reason to believe you breached the terms of your non-exclusive licence, we will consider this copyright infringement, will immediately and without refund revoke your licence, and take any and all other steps we feel necessary (such as invoicing you for the licences you have shared with others) and further reserve our right to seek other damages, including an injunction, or any such other available legal remedy in our sole discretion. 

You  acknowledge and agree that, in the event of a breach or threatened breach of any provision of the confidentiality, intellectual property and/ or limited licence section of these Terms We will suffer irreparable injury and damage that may not adequately be compensated by monetary damages. Receiving Party agrees that We shall be entitled as of right to injunctive relief and that We shall not be required to post a bond.

This Section will indefinitely survive expiry or termination of these Terms & Conditions.

YOUR COMMUNICATION WITH US.

You acknowledge that we have no duty of privacy or confidentiality to you by accessing our Site.

Any communications made through our contact form, blog comments, newsletter sign up, social media pages or other related pages, or directly to our mailing or email addresses is not held privileged or confidential and may be subject to viewing and/or distribution by third-parties. We own any and all communications displayed on our website, servers, comments, emails, or other media as permitted under law and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.

PROHIBITED BEHAVIOUR.

By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities. You agree to indemnify, defend and hold us harmless from any and all third-party claims, liability, damages and/or costs arising from your use and misuse of our Site and/or your breach of these Terms.

NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT.

“Confidential Information” includes, but is not limited to:

1. Any systems, sequences, processes or steps shared with Customer;
2. Any information disclosed in association with this Agreement, including any Intellectual Property as defined above;
3. Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices. 

We take pride in Our proprietary information included in each product or service in the Legally Lit Library. As such, You  agree and acknowledge all Confidential Information shared through each product or service in the Legally Lit Library is confidential, proprietary, and belongs exclusively to the Company. You agree not to disclose any Confidential Information and agree to protect Our Confidential Information with at least the same degree of care that You would use to protect Your own Confidential Information, but in any event, with not less than a commercially reasonable degree of care.

We will protect your personally identifiable information according to Canadian Privacy Laws. However, from time to time, We may use general statements about Your success for testimonials as part of Our marketing strategy. By agreeing to these Terms and Conditions, You hereby agree that we are granted rights by You to make use of your success stories and any testimonials (whether in the form of text, audio or video file) in any matter across any media at any time now or in the future at the sole discretion of Company and you hereby agree to waive all right to receive any consideration or compensation for Our use of Your testimonial. 

You shall not disparage Our business, agents, or owners in their personal capacity or otherwise take any action that can reasonably be expected to adversely affect Our reputation and/or goodwill, and shall also not disparage Our clients, or referral partners. This includes explicit disparagement and implicit or inferred disparagement, including but not limited to online, in writing, verbal, or in person.

This Section will indefinitely survive expiry or termination of these Terms & Conditions.

PRIVACY POLICY AND WEBSITE TERMS OF USE. 

Please review our Privacy Policy and Website Terms of Use, which can be found at the following addresses respectively: https://www.thesoulattorney.com/privacypolicy  and https://www.thesoulattorney.com/toc. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general.

We take your privacy very seriously. In order to deliver our Products and Services, maintain our website and carry out administrative, marketing and promotional activities we collect certain personal information from users of our Site, such as your name, billing address and email address. 

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as expressly set out in our Privacy Policy.  If you have any issues unsubscribing from our newsletter please contact us at  [email protected]. 

We also collect financial information (such as credit card information) in connection with any transaction you make on our Site. Please note that we store limited financial data, as most financial data is transferred to the third-party payment processor we use. We strongly encourage you to review the privacy policy of the third-party payment processors we use to process payment when you purchase anything from our Site. If you have any questions or would like more information as to how we collect, process and store your personal information, please contact us at [email protected].

SECURITY.

If at any time you are required to create a username and password to access any Products Services, you are not allowed to share your password and it is your responsibility to protect your username and password from theft or any other means of unauthorized use that would violate these Terms. If you become aware that your password has been compromised or your account has been breached, it is your responsibility to notify us immediately by sending an email to [email protected].

USE OF THIRD-PARTY APPLICATIONS.

In order to run our Site, deliver our Products and provide our Services, we use a number of third-party applications. You understand it is your responsibility to review the terms of use for any such third-party applications. 

For a full list of third-party apps we use, you may contact us at [email protected]. If you do not agree with the terms of use for any third-party application used by our Site, please discontinue use of our Site and Services immediately.

BUYER'S REPRESENTATIONS & WARRANTIES. 

You represent and warrant to us as follows: 

1. that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; 
2. that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and
3. that you are buying the goods or services from the Site for solely your own use, and not for resale and/or export.

ASSUMPTION OF RISK.

By purchasing any Product or Service from our Site, you expressly acknowledge and assume all risk associated with said Product or Service, as well as any actions you choose to take, or not to take, as a result of your use. 

DISCLAIMER OF WARRANTIES.

The only express warranties or conditions are provided are those warranties that are described in the description of the goods or services on the Library Website.

 

Some jurisdictions, such as Québec, do not allow us to limit implied warranties and conditions. If these laws apply to You, some or all of the following disclaimers may not apply to You.

To the fullest extent permitted by applicable laws, We disclaim all warranties and conditions of any kind, whether legal, express or implied (including warranties and conditions of merchantable quality, merchantability, quality or fitness for a particular purpose, durability and non-infringement), whether arising from statute, course of dealing, usage of trade or otherwise.

As such, subject to applicable law, we are providing the goods and services to you "as is" without express or implied warranties of any kind (including without limitation any: 

1. warranty of merchantability; 
2. warranty of fitness for a particular purpose; 
3. warranty of title; or 
4. warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise).  

The use of the Legally Lit Library and the Library Website is at your own risk. Without limiting the foregoing, we do not warrant that the Library Website shall function without failure, error or interruption.The Library Website may offer guidance regarding purchasing decisions, but it is the responsibility of the Purchaser to make the final decision and choose the best option for his/her/them self. 

You hereby understand and accept that We are not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counsellor, business operations manager, financial analyst, business executive or other agent of Your business. 

You hereby accept that the Legally Lit Library and Library Website have been designed by  Soul Attorney Inc. for general educational and informational purposes only, 

You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer's warranty claims and/or for any loss or damages that may arise out of the manufacturer's failure to honour its warranty obligations to you.

In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. While we will make reasonable efforts to support you, some technological issues are outside our control and you may need to access support from a third-party provider. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Site or Services are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Site, Services or related materials, or on third-party websites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by you or others in connection with the use of our Site, Products or Services, including without limitation any liability for delays, injuries, harm, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional, or spiritual harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, and whether foreseeable or unforeseeable. We make no guarantee or claims relating to your income or financial success as a result of your use of our Site or any Products or Services.

UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

INDEMNITY.

By using this Site or purchasing a template or any of our Services, You agree to indemnify, release, and save harmless Soul Attorney Inc., and its directors, officers agents, employees, contractors, heirs, successors and assigns (collectively, hereinafter “Indemnitees”) for any direct or indirect loss or conduct incurred as a result of Your use of Our Site, template, Services or any related communications, including as a result of any consequences incurred from technological failures such as a payment processor errors or technological malfunctions. This indemnity also extends to any damage, costs, loss or expense We incur from any misuse of any license granted to You, or failure to maintain the confidentiality or security of your password or access rights to any purchased products. 

You agree to indemnify Us including our directors, officers, employees, agents and subcontractors, and its successors and permitted assigns  from and against all direct or indirect damages, losses, judgments, costs and expenses, including any legal fees of third party claim and suits (each a “Claim”)  to the extent resulting from any negligent, deliberate or wrongful act or omission, or act or omission, of Yours and/ or Ours in accessing, using, purchasing or generally arising out of your use of the Library Website or any Offerings that exist at this time or any time in the future. 

You shall have the right to settle Claims at Your sole expense; provided, however, that You shall not agree to any settlement that includes an admission of liability on the part of the Indemnitees without the prior written consent of Us, which consent shall not be unreasonably withheld, conditioned or delayed.

We shall not make any admission in respect of a Claim or take any action in relation to a Claim that may be prejudicial to Your defence of the Claim without the prior written consent of You, which shall not be unreasonably withheld. This provision shall not be treated as breached by the making of any statement or the taking of any action that is required by law.

For greater clarity, You hereby agree to protect and defend Us, the Indemnitees, against and all Claims that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates or advocates the infringement or other violation of, any third party rights.

THIRD PARTY BENEFICIARIES. 

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

FORCE MAJEURE. 

Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, pandemics, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

ASSIGNMENT.

Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

SEVERABILITY.

If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.

GOVERNING LAW.

Governing Law. These Terms shall be governed by the laws of Ontario without regard to its conflict of laws principles. 

These Terms as well as our Privacy Policy are  governed by and interpreted in accordance with the laws of the province of Ontario and the federal laws of Canada where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the Barrie courts of Ontario.

DISPUTE RESOLUTION. 

Before resorting to litigation or arbitration, the parties shall attempt in good faith to resolve any dispute arising out of or relating to this Disclaimer promptly by confidential discussions. If the dispute has not been resolved to the satisfaction of the parties within ninety (90) days, either party may initiate litigation or arbitration.

SMALL-CLAIMS OPTION.

Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 90 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.

NO WAIVERS. 

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

NOTICES. 

We may provide notices hereunder to you by: (i) e-mail; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current e-mail addresses. 

Please feel free to connect with Us to ask Us any questions or direct any concerns. All communications should be directed to [email protected].

ENTIRE AGREEMENT. 

These Terms, any instructions that we provide you with relating to any product or service you obtain from us through the Site (including without limitation any licence agreement), and our Site's "Terms of Use" and "Privacy Policy" shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof. You acknowledge that these Terms of Use, together with our Privacy Policy constitute the full agreement relating to your use of the Site and Services.

ALL RIGHTS RESERVED.

We reserve the right to update and change these Terms at any time and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. Your continued use of or access to the Site and/or Services affirms your acceptance of any changes to our Terms. All rights not expressly set out and granted in these Terms and Conditions of Use and/or our Privacy Policy are expressly reserved by use.

 

 

Copyright Soul Attorney Inc. 2022.