Kirk Law Office Professional Corporation –

Website Terms of Use

Acceptance

IMPORTANT: Please read the following terms of use carefully. By accessing or otherwise using the Kirk Law Office Professional Corporation Website, which URL is https://kirklawoffice.ca/, you agree to these Website Terms of Use provisions without limitation or qualification. If you do not agree, without limitation or qualification, to be bound by and to comply with these Website Terms of Use, stop using the Website immediately.

For the purposes of these Website Terms of Use, the word “you” means the individual accessing the Website. If applicable, it also includes any other legal entity on behalf of which an individual is accessing the Website.
You acknowledge that:

you have read and agree to be bound by these Website Terms of Use; and
you consent to the collection, use and disclosure of your personal information as permitted by Ontario law.
By accessing or using the Website in any manner, you represent, warrant and covenant that:

you are at least the age of majority in the province, territory, state or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, territory, state or country in which you reside, do not use the Website unless your parent or guardian enters into these Website Terms of Use on your behalf and consents to your use of the Website;
you are fully able and competent to enter into the Website Terms of Use;
your use of the Website will not violate any applicable law or regulation in the province, territory, state or country from which you are accessing the Website; and
if a minor for whom you are legally responsible accesses or uses the Website, you agree to be fully responsible for:
1. the conduct, use or misuse of such minor;
2. supervising and controlling the minor’s access to and use of the Website; and
3. any breach of these Website Terms of Use by such minor.
Limitation of Liability

This Website is owned and operated by Kirk Law Office Professional Corporation (“Website Operator”) in conjunction with its subsidiaries and its affiliates and related companies. The following terms and conditions govern access to and use of this Website. These terms and conditions may change from time to time without prior notice at Website Operator’s discretion.
Operator suggests that you print or save a local copy of these Website Terms of Use for your future reference.
The Website content (the “Content”) includes, but is not limited to, any and all information, content, links, reports, text, publications, newsletters, articles, opinions, minutes of meetings, notice of meetings, data, databases, tools, email, views, graphics, images, photographs, pictures, videos, postings, code, multimedia clips, Java code, interfaces, web pages, files, software, product names, company names, trademarks, logos, trade names, the selection and arrangement of information, or other materials contained on or in the Website.
The Content includes materials the Operator has contributed to the Website, or others have contributed on behalf of Operator (“Operator Content”). It also includes materials users of the Website have contributed (“User-generated Content”).
You are granted a limited license to use (display or print) the Content, provided you do not modify the Content. You must also attach a copy of these Website Terms of Use to any copies you make of the Content. You agree not to remove any marks, logos or other legends that form part of the Content.
You are further granted a limited license to use the email and Internet links (the “Services”) provided on the Website. Any other use of the Content or Services is strictly prohibited and is a violation of the Website Terms of Use.
You may not reproduce, re-publish or re-disseminate any of the Content or Services in any manner or form without the prior written consent of Kirk Law Office or the third party to which the intellectual property rights belong. You may not sell or modify the Content or Services or reproduce, display, publicly perform, transmit, modify, adapt, sell, license, distribute, use or exploit any item of Content that you did not contribute. If you wish to do so, you must have the express prior written permission of the item’s contributor.
The use of the Content or Services on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of these Website Terms of Use, your permission to use the Content and Services automatically ends and you must immediately destroy any copies you have made of the Content.
All content including, without limitation, all text, design, graphics, drawings, photographs, code and software, and all organization and presentation of such content, which forms a part of this Website, are subject to intellectual property rights, including copyright and trademarks, held by or licensed to Website. All such rights are expressly reserved. You are permitted to electronically copy and to print hard copies of pages from this Website for your own personal, non-commercial use (for personal information and shopping purposes), provided that such copies clearly display the copyright and any other proprietary notices of Website Operator on their face. No other copying of this Website, in whole or in part, is permitted without the express written authorization of Website Operator. All other names, words, logos, slogans and images are the property of and are subject to trade mark rights held by Website Operator and its subsidiaries. Certain other trade marks, trade names, words, logos, slogans and images are the property of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the owner of the property. Note that this Website is provided “AS IS” and should be accessed and used by you at your own risk. Although reasonable efforts are used to ensure that the Website will be current and will contain no errors or inaccuracies, no representations or warranties are given (either express or implied) that the Website will be error free or completely accurate or current at all times or at any time. Website Operator may correct errors or inaccuracies and change or update information at any time without notice, including in respect of prices and availability of shopping items. Except as specifically set out in this Website, Website Operator makes no warranties, whether express or implied. This Website may contain links to other Websites. Any such other Websites are independent from this Website and from Website Operator and its subsidiaries, and Website Operator and its subsidiaries have no control over the contents of such other Websites. The provision of the link does not constitute an endorsement by Website Operator or any of its subsidiaries of the other Website. Website Operator and its subsidiaries, and their directors, officers, employees, agents, contractors, successors and assigns shall not be liable for any damages whatsoever arising out of or related to access to or use of this Website or any other Web site linked to this Website, whether or not any such damages might be foreseeable and even if Website Operator or any of its subsidiaries is informed of their possibility, including without limitation liability for direct, indirect, special, punitive, incidental or consequential damages (including lost profits, lost savings, business interruption or loss of data). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.
Kirk Law Office Professional Corporation does not guarantee the confidentiality of any communication via e-mail or its website that relates to a matter for which the firm does not already represent you. In matters that Kirk Law Office Professional Corporation does represent you, e-mail may not be secure.
Any other use of the Website by any person, business, corporation, government or any other entity is strictly prohibited and is a violation of these Website Terms of Use.
By submitting or sending content to Operator or otherwise making it available for display on or through the Website, you acknowledge that the content is your User-generated Content. You also grant Operator the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User-generated Content, in whole or part. You also agree that it can be incorporated into other works (in any form, media or technology) to allow Operator to administer, operate, display, distribute and promote the Website. This may include, but not be limited to, allowing other sites to link to your User-generated Content on the Website. You acknowledge and agree that Operator may need to:

transmit User-generated Content over various networks; and
reformat User-generated Content in order to operate, display or distribute the Website.

2.13. You represent and warrant to and covenant with Operator that:

you have now and that you will continue to have all necessary rights and authority to grant the licenses set out in section 2.12.; and
the User-generated Content that you contribute to the Website will not infringe on any third party’s proprietary right.

You also represent and warrant to Operator that you have waived any “moral rights” in any User-generated Content that you contribute to the Website, and that Operator and its successor and assigns may rely on those waivers. With the exception of any User-generated Content that includes personal information, you agree that your contributed User-generated Content will not be considered confidential.

2.14. If you contribute a link to another website, make sure that the operators of that website permit linking. You can do this by checking the terms of use for that website. If you are not sure that you have permission to link to a website, do not post the link. You may instead link to the home page of the website. If you do so, include written directions in your post for how to navigate from the home page to the page that has the relevant content.

2.15. You should maintain a back-up copy of any User-generated Content that you contribute to the Website. Operator will not provide a copy of that User-generated Content to you. Operator is not responsible for User-generated Content that is lost or destroyed for any reason.

2.16. You agree that you will not post, upload, make accessible or transmit on or through the Website any User-generated Content or links to content that:

is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of privacy or publicity rights, hateful (racially, sexually, ethnically or otherwise) or victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;
solicits from other users any passwords or personal information for commercial or unlawful purposes;
contains software viruses or any other computer code, files or programs which may interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or carry out any other similarly destructive activity;
promotes illegal activity, including providing instructions on how to conduct illegal activity;
you do not have a right to transmit under any law or regulation, or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under a non-disclosure agreement); or
infringes or contributes to the infringement of any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country. This includes, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trademarks, service marks, trade names, logos, brand names and other identifiers, and trade secrets of any party.

The person who contributes Content to the Website is responsible for the Content. Operator does not provide any representations, warranties or guarantees with respect to User-generated Content, its quality or its accuracy. Before using or relying on any User-generated Content, you should take reasonable steps to verify its accuracy, completeness or usefulness. You are using it at your own risk. Views and opinions expressed in User-generated Content do not necessarily represent the views or opinions of Operator, its licensors, suppliers or representatives.

Use of the Website

You will not:

attempt to gain access to any portions of the Website that you are not authorized to access;
use the Website to impersonate, falsely state or misrepresent your affiliation with any person or entity;
when posting any materials to the Website, forge headers or otherwise manipulate identifiers to create the impression that another person posted the materials;
use the Website to directly or indirectly interfere with, disrupt or damage the Website, the server(s) on which it hosted, the networks connected to them or any other user’s access to the Website;
access the Website through any automated means (for example, bots or web crawlers);
access services or tools made available on the Website using an interface other than the one made available on the Website by Operator;
adapt, translate, modify, decompile, disassemble or reverse engineer any aspect of:
1. the Website; or
2. any software or technology used in connection with the Website or downloaded from the Website;
violate any applicable local, provincial, state, national or international law or regulation (including any laws relating to the export of data or software); or
collect or store personally identifying information about other users of the Website, for any purposes unrelated to the Website, or that are illegal or unlawful.

Violation of the Website Terms of Use and/or any applicable laws in any manner automatically terminates the rights granted to you herein and obligates you to cease all use of the Website.

Linking

You may link to the front page of this Website at https://kirklawoffice.ca/. Any other link to this website, and any linking to the pages within the site or framing of content on this site, is prohibited without the prior written consent of Kirk Law Office Professional Corporation. Any reference on this website to any product or service by trade name, trademark, hypertext link or otherwise is provided to you for your convenience only and does not constitute or imply its endorsement or recommendation by Kirk Law Office Professional Corporation. To the extent this website contains links to other websites, Kirk Law Office Professional Corporation does not control the availability or content of such websites. Your use of any linked websites is at your own risk.

No Lawyer – Client Relationship

The material provided on the Kirk Law Office Professional Corporation website is for general information purposes only. It 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 solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice. The hypertext links, 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.

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 Ottawa, Ontario, Canada.

7. Privacy

7.1. Operator controls the Website from within Canada, but some content may be hosted in a foreign jurisdiction by the Operator’s third party service provider(s).

. You have read the above summary and consent to the use of your personal information as described therein.

7.3. Operator reserves the right to communicate with you regarding your use of the Website. You consent to Operator’s use of any contact information that you provide in accordance with the terms of privacy laws of Canada.

8. Changes to the Website Terms of Use

8.1. Operator assumes no obligation to update the Content. Operator reserves the right to change any and all Content at any time without notice. Operator, its licensors and suppliers are not responsible for any Content other than Operator Content. You acknowledge that when Operator conducts a Content review, the review may not be to your satisfaction.

8.2. Operator also assumes no obligation to update the functionality of the Content or Services. If you choose to rely on any of the Content, you do so solely at your own risk.

8.3. It is your responsibility to check for such updates. These terms were last updated in March 2025.

8.4. Operator reserves the right to monitor some, all, or no areas of the Website from time to time, but is not obliged to do so:

to verify adherence to these Website Terms of Use or any other rules, codes of conduct or guidelines posted by Operator; or
as required by law.

8.5. Operator reserves the right, in its sole discretion, to reject, refuse to post, remove or block access to any Content that is available via or on the Site(s) at any time, without notice and without liability.

8.6. Operator reserves the right, in its sole discretion, to set limits on the amount of User-generated Content that you may contribute.

9. Computer Viruses

Operator cannot guarantee that all Content and Services provided on the Website do not contain computer viruses. You are responsible for scanning your computer for viruses and ensuring that you have a complete and current back-up of materials on your computer.

10. Intellectual Property Infringement

10.1. Operator will investigate and respond to claims of intellectual property infringement.

10.2. You agree that the Website, the Content and the Services contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark or patent or other proprietary rights of Operator. Except as expressly provided, nothing in the Website Terms of Use or within any of the Services will be construed as conferring any license under any of Operator’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise.

10.3. You will not adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Website. You will not copy, modify, alter, remove, or deface any of the trademarks, service marks, or other proprietary content, information or materials displayed or made available through the Website, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available on the Website.

10.4. Names, phrases, words, titles, logos, icons, graphics, images or designs used throughout the Website and the Content and the Services may be trade names, registered or unregistered trademarks or services marks (the “Marks”) of Operator, its subsidiaries, affiliates or licensors, or other entities and individuals. The Marks are protected by Canadian and international trademark and other laws. Any use of any of the Marks without the express written consent of the owner of the Mark is strictly prohibited.

10.5. You acknowledge that, in the event of any third party claim that your use of the Website, Content or Services infringes a third party’s intellectual property rights (an “Infringement Claim”), you will promptly advise Operator. In the event of any Infringement Claim, you agree to provide, at Operator’s cost, all reasonable assistance requested by Operator in Operator’s defense or settlement efforts and Operator shall, in its sole discretion, have the sole authority to defend or settle such claim. In connection with any Infringement Claim, Operator may, at its expense and sole option, obtain for you the right to continue using the Website, Content or Services, or replace or modify the Website, Content or Services, so that your use becomes non-infringing.

10.6. Notices of claimed infringement should be directed to:

Kirk Law Office Professional Corporation

34 Hawthorne Ave, Ottawa, ON K1S 0B1
Attention: Leslie J. Kirk

Fax: 613-230-8855
Email: leslie@kirklawoffice.ca

Please put “Notice of Infringement” in the subject line of your notification. Include a detailed description of the materials that are alleged to be infringing, as well as the proprietary rights that you allege are being infringed.

11. Violations of these Website Terms of Use

11.1. Should you violate these Website Terms of Use or Operator’s other rights, Operator reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, restricting, suspending or terminating your access to all or any part of the Website.

11.2. If you are aware of any violations of these Website Terms of Use, please report them to:

Kirk Law Office Professional Corporation

34 Hawthorne Ave, Ottawa, ON K1S 0B1
Attention: Leslie J. Kirk

Fax: 613-230-8855
Email: leslie@kirklawoffice.ca

Please put “Notice of Violation” in the subject line and include a reasonably detailed description of the alleged violation.

12. Term and Termination

12.1 These Terms of Use will continue in effect for as long as you use the Website, unless Operator or you specifically terminate earlier. You may terminate your agreement with these Website Terms of Use at any time by instructing Operator in writing to disable your password for the Website and by discontinuing all use of the Website. Your notice should be sent, in writing, to the address set out in section 17.2. In addition to any other termination rights that Operator may have, Operator may terminate its agreement with you if:

you breach any provision of these Website Terms of Use or clearly intend to do so;
Operator is required to do so by law; or
Operator is no longer making the Site(s) available in the jurisdiction from which you access it.

12.2. Upon the termination or expiration of these Website Terms of Use, you will stop using the Website, all Content and all Services.

12.3. Those sections which by their nature should survive the termination or expiration of these Website Terms of Use will survive termination or expiration.

13. Other

13.1. These Website Terms of Use constitute the complete and exclusive agreement between you and Operator with respect to its subject matter, and supersede and replace any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding its subject matter.

13.2. No term of these Website Terms of Use will be deemed to be waived by reason of any previous failure to enforce it. No term of these Website Terms of Use may be waived except in writing and signed by the party waiving enforcement.

13.3. Should any provision of these Website Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.

13.4. Operator and you are independent contractors. These Website Terms of Use will not establish any relationship of partnership, joint venture, employment, franchise or agency between Operator and you. Neither Operator nor you will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided in these Website Terms of Use.

13.5. These Website Terms of Use, your use of the Website, the Content and the Services, and all related matters will be governed solely by and construed in accordance with the laws of the Province of Ontario, Canada and the laws of Canada applicable therein, without regard to the conflict of laws provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario for the conduct of any legal proceedings arising from, or related to, the Website Terms of Use, your use of the Website, the Content or the Services.

13.6. Operator will not be liable for any failure or delay in its performance under these Website Terms of Use due to any cause beyond its reasonable control.

13.7. Operator may assign these Website Terms of Use, in whole or in part, at any time with or without notice to you. You may not resell, assign, sub-license or otherwise transfer your rights or delegate your duties under these Website Terms of Use, either in whole or in part, without Operator’s prior written consent.

13.8. Operator will give you notice or other significant communication pursuant to these Website Terms of Use in writing. It will be addressed to the email address or address that you provided to Operator when registering and sent to you by email or by a nationally recognized overnight courier. Any notice or other significant communication that you wish to give to Operator pursuant to these Website Terms of Use will be in writing and sent to Operator at the address listed on the Site in the Contact Us section, or by fax or nationally recognized courier. Notices will be deemed to have been received one business day following:

email transmission by Operator to you;
deposit with a globally recognized overnight courier service, all delivery charges pre-paid; or
transmission if sent by facsimile and receipt confirmed by the facsimile machine used.

13.9. No provision of these Website Terms of Use will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout these Terms of Use, the term “including” or the phrases “e.g.,” or “for example” have been used to mean “including, without limitation.”

13.10. The Website Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns.

14. LanguageThe Parties have expressly required that these Website Terms of Use and any communication hereunder be drafted in the English language.