These Terms of Use (“Terms of Use”) are between you and David Brannen, David Brannen Professional Corporation, David Brannen Law Inc., Resolute Legal (collectively “the Company”), for the use of the website and other related sites owned and operated by the Company (collectively referred to as “the ” Sites”).

The terms and conditions set forth in these Terms of Use, as well as our Privacy Policy, constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the Sites. By using the Sites, you signify that you have read, understand and agree to be bound by these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use’s effective date. Your continued use of Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access Sites. It is your responsibility to regularly review these Terms of Use.

You agree to use the Sites only for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

Subject to your performance of all of the provisions of these Terms of Use, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the Sites and the Services solely as provided herein. You may download material displayed on the Sites for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Sites for public or commercial purposes, including the text, images, audio, and video without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the Sites is not transferable. You acquire no rights or licenses in or to the Sites and materials contained therein other than the limited right to access and utilize the Sites in accordance with these Terms of Use.

No Lawyer-Client Relationship Created

Your use of the Sites, including downloading reports, books and other information, and requests for and receipt of Free Consultation (Landlords Only)s, DOES NOT CREATE A LAWYER-CLIENT RELATIONSHIP BETWEEN THE COMPANY AND YOU. We are not your lawyers unless we expressly agree to take you on as a client, and you specifically sign a legal fee agreement with use.

Free Consultation (Landlords Only)s

We offer Free Consultation (Landlords Only)s. These consultations are provided by a non-lawyer employee of the Company and are not legal advice. The purpose of these consultations are to inform you of our services so you can understand your options.

To qualify for our offer of a Free Consultation (Landlords Only), you (or the person you are calling on behalf of), must be dealing with a claim for long-term disability benefits from an insurance company, employment-sponsored disability plan or the CPP disability program. We do not offer Free Consultation (Landlords Only)s for disability claims involving worker’s compensation programs or other areas of law.

Our Free Consultation (Landlords Only)s are delivered by phone.

Our Free Consultation (Landlords Only) is intended to give you general information about our services and your options for moving forward with your disability case or appeal.

Free Legal Consultations

Our legal consultations are not free. We charge a flat fee for a 15 minute call or document review + 30 minute call. However, on occasion we do offer promotions where you can receive a Free Consultation (Landlords Only). To qualify for a free legal consultation you must request the consultation during the time period of the promotion and present the promo code you received.

Ask A Lawyer

We offer a free question and answer service on the Site. We will answer questions related to long-term disability insurance claims in Canada or claims involving the Canada Pension Plan disability program. We do not answer questions about provincial disability programs (e.g., social services or ODSP) or workers compensation programs.

Users may post a question and we may answer your question. We have no obligation to answer the question and have full authority to delete the question so that it does not appear on the public website.

All questions and answers created through “Ask a Lawyer” publicly displayed on the website.

User Representations and Warranties

By using the Sites, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by the Terms of Use; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the Sites only as set forth in these Terms of Use; and (iv) are thirteen years of age or older. If you are under the age of 13, you are not allowed to use the Sites.

You agree not to access (or attempt to access) any of the services available on the Sites (the “Services”) by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including, without limitation, use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

Intellectual Property

You acknowledge that the Sites have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks”) displayed on the Sites are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the Sites for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party.

The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Sites and related to the Sites and all modifications and derivative works thereof, and all intellectual property rights related thereto.

Copyright Infringement Policy

The Company respects the rights of all copyright holders and in this regard, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; your address, telephone number, and email address; a written statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

User Conduct

You agree that you will not engage in any activity that interferes with or disrupts the Sites or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain distinct advantage on any of our programs.

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:
(A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
(B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful); or
(C) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or
(D) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
(E) the provision of the Services to you is, in our opinion, no longer commercially viable.

You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

•  post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
•  post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on or on any other public site on the web
•  defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable
•  upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or the access to or functionality of the Sites
•  violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
•  attempt to obtain passwords or other private information from other members
•  improperly use support channels or complaint buttons to make false reports to the Company
•  develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable License Agreements
•  exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage
•  violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services

Accounts that have not been logged into for six months or more are deemed inactive and earned in these accounts are null and void. Accounts are non-transferable and are void if a transfer is attempted and accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.