Terms of use

Website Terms of Use

Last updated May 27, 2024

Website Terms of Use

These Terms are a binding contract between you and Pinto Legal Inc. (“Pinto Legal”). Your access and use of this website (the “Website”), constitute your acceptance of these Terms and Conditions (“Terms”)  in their entirety.

You represent and warrant that you are an individual of legal age to form a binding contract.  

If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

If you do not agree with any of these Terms, or any of the documents they refer to, you may not access or view the Website nor utilize its contents in any manner whatsoever.

 

Use of the Website

Your usage of the Website is at your own risk, and Pinto Legal will not be liable for any damage you suffer as a result of such use. You represent and warrant that you have the legal right to send, upload or otherwise communicate any data or information you communicate to Pinto Legal at any time.

 

Content

This Website may contain intellectual property, industrial and other proprietary rights, protected or protectable under the laws of any country, including (a) trade names, trade dress, trademarks, service marks, logos, brand names and other identifiers; (b) copyrights, moral rights, neighboring rights, and related rights; (c) domestic and foreign inventions, patents and the registrations, applications, renewals, extensions and continuations, in whole or in part, thereof (hereinafter “Intellectual Property”), as well as trade secrets, inventions, discoveries, devices, processes, designs, techniques, ideas, know-how and other confidential or proprietary information, whether or not reduced to practice (hereinafter “Confidential Information”). Unless specified otherwise in writing, all Intellectual Property or Confidential Information rights in any element contained on the Website shall be the exclusive ownership of Pinto Legal.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof (“Content”), are protected by copyright and are the sole property of Pinto Legal.

You may use the Content of this Website only in accordance with the Terms and for the purpose of using the Website as provided and for no other purpose. Any use of the Content from this site must be expressly permitted under these Terms. Otherwise, no Content from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved by Pinto Legal.

Any unauthorized use of the Content appearing on this site may violate confidentiality, copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Copyright License

Pinto Legal grants to you a worldwide non-exclusive royalty-free revocable license to:

  • View this Website and the material on this Website on a computer or mobile device via a web browser;
  • Copy and store this Website and the material on this Website in your web browser cache memory; and
  • Print pages from this Website for your own personal and non-commercial use.

Pinto Legal does not grant you any other rights in relation to the Website or the Content on the Website. In other words, all other rights are reserved and may only be granted in writing by Pinto Legal.

For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public the Website or the Content (in any form or media) without Pinto Legal’s prior written permission.

 

Data Mining

The automated and/or systematic collection of data from the Website is prohibited.

 

Permissions

You may request permission to use the copyright materials of the Website by writing to admin@pintolegal.ca.

 

Enforcement of Copyright

Pinto Legal takes the protection of its copyright very seriously.

If Pinto Legal discovers that you have used its copyright materials in contravention of the license above, Pinto Legal may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.

If you become aware of any use of Pinto Legal’s copyright materials that contravenes or may contravene the license above, please report this by email to admin@pintolegal.ca.

 

Infringing Material

If you become aware of any material on the Website that you believe infringes your or any other person’s copyright, please report this by email to admin@pintolegal.ca.

 

Trademarks

Unauthorized use of any Pinto Legal trademark or logo is prohibited and may be a violation of trademark laws.

 

Personal Data and Privacy

Pinto Legal may collect and use Personal Information about your use of this Website, namely information about browsing and linking (“Personal Information”). Pinto Legal is committed to protecting and respecting your privacy and will only use any Personal Information submitted in conformity with all applicable laws and regulations, and in accordance with the https://pintolegal.ca/privacy-policy (the “Privacy Policy”). By using the Website, you agree that Pinto Legal can use your personal data in accordance with the Privacy Policy.

 

Using Personal Information

Pinto Legal may use your Personal Information to:

  • Administer this Website;
  • Enable your access to and use of the Website services; and
  • Improve the services it offers and monitor the traffic and Website usage;

 

Disclosing your Personal Information

Where Pinto Legal discloses your Personal Information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that Personal Information in accordance with these Terms.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Pinto Legal may disclose your Personal Information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

If Pinto Legal is being acquired or merges with another company, your Personal Information may be transferred to the new owners in order to facilitate ongoing operations.

 

Securing your Data

Pinto Legal will take reasonable technical and organisational precautions to prevent the loss, unauthorized access, misuse, disclosure, alteration or destruction of your Personal Information.

 

Cross-Border Data Transfers

Information that Pinto Legal collects may be stored and processed in and transferred between any of the countries in which Pinto Legal operates to enable the use of the information in accordance with these Terms.

You agree to such cross-border transfers of Personal Information.

 

Updates or Changes to these Terms and Conditions

Pinto Legal reserves the right to change these Terms at any time. In case of change, Pinto Legal will use its best effort to bring it to your attention by placing a notice on this Website, and/or by other means, but you are responsible for knowing what the current Terms are. You should check this page periodically to ensure you are familiar with any changes.

You will no longer be able to use the Website if you do not agree with the new Terms. Your continued use of the Website in any way after a change to the Terms is effective means you agree to the change.

 

Assignment

These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you. Pinto Legal may assign our rights under these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

Other Websites

This Website contains links to other websites. If you click on a third-party link, you will be directed to that third-party’s site. Pinto Legal is not responsible for the content and privacy practices of other websites and we strongly advise you to review the terms of use and privacy policy of every third-party site you visit.

 

No Warranties

This Website is provided “AS IS” without any representations or warranties, express or implied. Pinto Legal makes no representations or warranties in relation to this Website or the information and Content provided on this Website.

Without prejudice to the generality of the foregoing paragraph, Pinto Legal does not warrant that:

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.

 

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall Pinto Legal, its officers, directors, managers, employees, independent contractors, agents, servants, contractors, affiliates, licensors, parents, subsidiaries, shareholders, owners, members or any other affiliated companies, entities or persons, (each a “Pinto Legal Party”) be liable to you (whether under the law of contact, the law of torts, negligence or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

  • For any direct loss;
  • For any indirect, special or consequential loss;
  • For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data;
  • For any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of our Website or the information contained therein;
  • For any errors, mistakes, omissions or inaccuracies;
  • For any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or any information, materials, goods and services provided by our affiliates, licensors, clients or other third parties;
  • For any unauthorized access to or use of servers Pinto Legal uses and/or any and all Personal Information stored therein;
  • For any interruption or cessation of transmission to or from the servers Pinto Legal uses;
  • For bugs, viruses, Trojan horses, spyware or the like that may be transmitted to or through the servers Pinto Legal uses by any third party; and/or
  • For loss or damage incurred as a result of the use of our Website, Content or any information, materials, goods and services provided by our affiliates, licensors, clients or other third parties.

In no event shall any Pinto Legal Party be liable to you for any claims in an amount exceeding the amount Pinto Legal received from you hereunder during the three (3) months preceding the claim giving rise to such liability or CAD$100.00, whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Pinto Legal has been expressly advised of the possibility of such damage or loss. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights, which vary based on the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

These limitations of liability apply even if Pinto Legal has been expressly advised of the potential loss.

 

Other Parties

You accept that Pinto Legal has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against any Pinto Legal Party in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these Terms will protect all Pinto Legal Parties.

Pinto Legal shall not be responsible, directly or indirectly, for any third-party ads, links, information or content hosted on any of its website(s). Pinto Legal has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pinto Legal. Use of any such linked website is at your own risk. Before you act on information you have found on or through the Website externally, confirm any facts that are important to your decision. 

You hereby release each Pinto Legal Party from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such interactions or our Website including but not limited to damages relating to any bugs, viruses, Trojan horses, spyware or the like that may be transmitted to you through our Website by third parties and/or any damages relating to viewing or interacting with illegal third-party content that may be found on our Website.

 

Indemnification

You agree to defend, indemnify and hold harmless all Pinto Legal Parties from and against any and all claims, actions, suits, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively “Claims”) arising out of or relating to: your use of and access to our Website; your violation of any term of these Terms, including without limitation your breach of any representations and warranties herein; your violation of any third-party right, including without limitation any right of Privacy or Intellectual Property; your violation of any applicable law, rule or regulation. Pinto Legal may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

 

Waivers

Failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

 

Severability

If any provision of these Terms is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of these Terms.

 

Governing Law

You and Pinto Legal agree to resolve any disputes between you and Pinto Legal related to these Terms through binding and final arbitration instead of through court proceedings. You and Pinto Legal each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and Pinto Legal relating to these Terms or the Website. In addition, you agree to waive the right to participate in a class action or litigate on a class-wide basis. You agree that you have expressly and knowingly waived these rights.

These Terms shall be governed and construed in accordance with the laws of Quebec, Canada, excluding its conflict of law provisions. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the rules of the Canadian Arbitration Association (“CAA Rules“) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in Montreal, Canada in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees.

Pinto Legal controls and operates this Website from its offices in Canada and makes no representation that the Content or services on this Website are appropriate or available for use outside Canada.

 

Contact Us

By email:      admin@pintolegal.ca
By mail:        345, avenue Victoria, Suite 401, Westmount (Québec) Canada, H3Z 2N2
By phone:     +1 514-905-5389