User Agreement

Welcome to the website of www.scriptalegal.com (hereinafter referred to as "the Website" for the purpose of these presents). Services on the Website are offered to you by La Société Scripta Legal Inc. (hereinafter referred to as "Scripta Legal Inc.") which is the operator and licensee of the Website, subject to the terms of use contained hereinafter (hereinafter referred to as "the Terms of Use"). Les Logiciels Scripta Legal Inc. (hereinafter referred to as "Logiciels Scripta Inc.") has the entire and exclusive property in perpetuity of the Website which is, however, operated, exploited and commercialized solely by Scripta Legal Inc. since Logiciels Scripta Inc. has granted to the latter a non-exclusive license for the use, exploitation and commercialization of the Website and its Contents (hereinafter referred to as "the License"). The name of the Website, namely www.scriptalegal.com, is a domain name belonging exclusively to Logiciels Scripta Inc. which is the sole owner of such name in perpetuity, the latter reserving the exclusive use thereof, and which has authorized Scripta Legal Inc. to use it pursuant to the License.

The Website contains texts, general legal information, contract templates, legal writings, data, interactive questionnaires and documents, images, graphics, photos, audio and video extracts, and other elements, including interactive features of the Website (collectively referred to as the "Contents") that are provided to you in order to offer you the services of the Website; these elements consist in providing you with interactive questionnaires to which you will answer based on the facts of which you have personal knowledge and related to your particular legal situation and by which will be generated the documents that you have chosen. 

Whether it is by accessing the Website, by using the services offered thereon, by opening a customer account on the Website, by downloading any element of the Contents and any document from the platform of the Website or by uploading (downloading towards the upstream) any document or material on the Website, you agree to be bound by the Terms of Use that apply to you and to comply with same as these ones constitute an agreement between you, Scripta Legal Inc. and the Website by the sole fact that you access or use the Website. These Terms of Use, including the privacy policy of Scripta Legal Inc., create legal obligations that are binding you to Scripta Legal Inc. and the Website and constitute the entire agreement between you, Scripta Legal Inc. and the Website.  However, no relationship of agency, partnership, joint venture or of principal and agent is created between you, Scripta Legal Inc. and the Website by these Terms of Use, unless there is a prior written agreement to that effect between you, Scripta Legal Inc. and the Website and well as Logiciels Scripta Inc.

This agreement comes into force for an indefinite period of time from the moment when you use or access the Website, your use of the Website implying that you agree to the Terms of Use which are set out therein as well as all policies, conditions and rules related thereto and you agree to the collection, use, retention and protection of your personal information in accordance with these presents.

The following sections of these presents will survive any termination of the Terms of Use: (a) Restrictions on the use of the Website; (b) No warranty as to any obligation of result or guarantee obligation and limitation of liability; (c) Control over the use of the Website; (d) Exoneration; (e) Limitation of liability; and (f) Indemnification. For users who will not open a customer account on the Website, these Terms of Use will still apply since these ones accessed the Website.

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY CONCERNING THE TERMS OF USE OF SCRIPTA LEGAL INC. APPLYING TO THE WEBSITE. BY CLICKING ON "I UNDERSTAND AND AGREE TO THE TERMS OF THE USER AGREEMENT", YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AS WELL AS BY ALL POLICIES, CONDITIONS AND RULES RELATED THERETO JUST AS YOU ACCEPT THE NON-EXCLUSIVE LICENSE OF USE THAT SCRIPTA LEGAL INC. HEREBY GRANTS YOU AND THAT, PURSUANT TO THE LICENSE OF USE THAT THE LATTER HAS OWNED ITSELF FOLLOWING ITS GRANT BY LOGICIELS SCRIPTA INC. IN ITS FAVOUR. IN SUCH A CASE, YOU CAN OPEN A CUSTOMER ACCOUNT WITH THE WEBSITE.  HOWEVER, IF YOU REFUSE THESE TERMS OF USE, YOU WILL BE PROHIBITED TO USE THE WEBSITE AND YOU WILL HAVE TO LEAVE IMMEDIATELY THE WEBSITE.

BY CLICKING ON "I UNDERSTAND AND AGREE TO THE TERMS OF THE USER AGREEMENT ", you also acknowledge that any reference or use of a service that could have been offered to you by any of the business partners of Scripta Legal Inc. which are working in the world of financial services, insurance or any other business community as well as their affiliated members or brokers, shall never engage, at no time and under no circumstances, their legal responsibility.

 

When you use any service on the Website currently offered or forthcoming, when you access the Website or the website of any affiliated business enterprise, regardless of whether or not it is appearing on the Website, you are also bound by the terms and conditions governing such service or such business enterprise.

By agreeing to comply with the Terms of Use of Scripta Legal Inc., you acknowledge that the services offered on the Website are for your use only while you are strictly prohibited to make any commercial use of these ones and that the use by a third party or sharing with a third party of your username and password for the Website is also strictly prohibited. Failure to comply with these requirements may result in immediate suspension of your customer account.

If you create or use on the Website a customer account registered in the name of a legal entity, you then represent to Scripta Legal Inc. that you are authorized to act on its behalf and that you have authority to bind this one by the Terms of Use of Scripta Legal Inc., being understood that such account shall then be considered as being the property and under the control of such legal entity. 

WARNING:

In order to offer the services of the Website to users in the safest way, Scripta Legal Inc. uses dedicated virtual servers, also called virtual servers, which are in fact virtual machines on which we find the entire Contents of the Website, software used by the latter and its operating system as well as the databases and personal information collected. A virtual server, it is a simulated server on a hosting server which, in turn, consists of a physical server whose function is to administer and see to the proper functioning of all the virtual servers that it hosts.

The virtual servers of the Website are hosted on a physical server, being a body hardware server, that is located in Canada and they are independent as they are not linked to all other virtual servers that can also be hosted on that same physical server through partition of the physical server into multiple virtual servers. So the virtual servers of the Website have all the features of a standard dedicated server through the use of virtualization techniques. Scripta Legal Inc. has chosen to use virtual servers because their use offers greater security on the Internet and better reliability in terms of the services that this one offers.

All requirements provided in the Terms of Use and applying to the Website as regard the personal information collected by Scripta Legal Inc., apply also to the corporation providing the latter with hosting services for the virtual servers of the Website since this corporation has signed with Scripta Legal Inc. an agreement imposing on it similar obligations.

Although Scripta Legal Inc. uses hosting services to ensure the operation of the virtual servers of the Website from a Canadian specialized corporation, Scripta Legal Inc. has exclusively all rights required to operate and administer the virtual servers of the Website, which are hosted on a physical server of this corporation.

For the purposes hereof, the expression "the servers of the Website" will always be used despite the fact that Scripta Legal Inc. is using virtual servers in order to operate the Website.

Service to users

If you have a question about the operation of the Website or if you wish to inform about a complaint concerning the services offered by the Website, you can contact Scripta Legal Inc. by phone, at (514) 374-6241 or by FAX, at (514) 374-7260.

Particularities concerning the Website

Logiciels Scripta Inc. owns the entire, exclusive and perpetual property of the Website www.scriptalegal.com but pursuant to the License granted by Logiciels Scripta Inc., Scripta Legal Inc. can use, exploit and commercialize the Website, all the Contents on the Website, the name "Scripta Legal" and the logo of Scripta Legal Inc., the domain name "www.scriptalegal.com" and the trademarks linked to the Website as well as Scripta Legal Inc. will be able to use and exploit all the Contents of the Website that will be created and added on the Website in the future as well as to use and exploit the Website as it will exist in the future. Pursuant to the License granted to it, Scripta Legal Inc. has alone, and will have alone in the future, the legal responsibility for the legal aspects of the Contents of the Website and for the computer-related aspects of the Website and its Contents. All the interactive documents, contract templates and legal writings that are currently found, and will be found for the future, in the Contents of the Website have been and will be prepared by notaries and lawyers.

Scripta Legal Inc., as sole operator of the Website, undertakes to ensure at all times the protection and the confidentiality of personal information that you will provide to it or that you will transmit on the Website.

For that purpose, Scripta Legal Inc. will use or disclose personal information only for the purposes for which it was collected and in addition, Scripta Legal Inc. will not sell, lease, share, lend or trade with anyone the personal information entered by users on the Website as well as the documents or other material uploaded (downloading towards the upstream) by them on the Website.

Also, all directors, employees, representatives, sub-contractors and business partners of Scripta Legal Inc., as well as persons related to the operation and functioning of the Website, have signed confidentiality agreements.

General and informative legal information appearing on the Website and interactive documents

Contents of the Website and any material appearing throughout the Website that constitute general and informative legal information or deal with legal aspects, are published solely for general information purposes for users since these ones have been prepared for such purposes only.  Consequently, Scripta Legal Inc. and Logiciels Scripta Inc. do not purport by no means and at no time to expose the complete state of the law on any question or information of a legal nature whatsoever. All legal information presented on the Website shall not in any case be considered as a legal opinion, legal advice or answer to a particular legal question but instead it must be read "as is", that is to say as a general information only, and without the legal responsibility of Scripta Legal Inc. and Logiciels Scripta Inc. being committed in any way whatsoever with regard to the information so provided for strictly informative purposes.

In view of the foregoing, in no case, Scripta Legal Inc. and Logiciels Scripta Inc. could thus be held liable for any damages of any kind, including actual, indirect or consequential damages, arising from the use and application to your particular situation of general information as well as general and informative legal information appearing on the Website.

At no time, you should act solely on the basis of the general and informative legal information contained on the Website. Indeed, each situation being different, Scripta Legal Inc. and Logiciels Scripta Inc. are advising you to consult a notary or a lawyer in order to make a personalized assessment of your legal needs before taking any decision.

In this regard, Scripta Legal Inc. and Logiciels Scripta Inc. must give you the following warning:

WARNING:

Interactive documents available on the Website, although personalized, have been developed based on your understanding of the interactive questionnaires and the answers you will give thereupon while taking into consideration the facts that you personally know about your particular legal situation. Scripta Legal Inc. and Logiciels Scripta Inc. would like to advise you that the interactive questionnaires shall in no event be considered as constituting a legal opinion issued by a legal professional since these ones are used solely for information purposes, that is to say they serve to collect facts of which you are personally aware as well as your answers for generating the chosen interactive document based on your personal legal situation.

Depending on your understanding and the facts of which you will have taken into consideration in regard to the legal situation in which you are, however, it may be that such document does not apply to your particular legal situation. It is recommended that your questionnaires be reviewed by a member of the legal team of Scripta Legal Inc. or your legal counsel before signing such document. If you do not have our interactive questionnaires reviewed by a legal counsel, you acknowledge and accept that you are solely responsible for verifying that such document applies to the specific needs of the legal transaction for which you intend to use it.

Subject to the rules of the code of ethics governing governing Scripta Legal Inc., you acknowledge and accept that Scripta Legal Inc. and Logiciels Scripta Inc. limit their liability in respect of any loss or damage suffered in connection with the interactive document generated according to your answers and the facts reflecting your personal situation, at the sole unit cost of such document.

You acknowledge and accept that at no time, the interactive document so generated and your answers to the questionnaires shall be considered as a mandate granted to Scripta Legal Inc. or a service contract entered into between you and Scripta Legal Inc.

General and informative legal information appearing on the Website is provided to you on an "as is" basis and you acknowledge that the publication of any such legal information on the Website shall not, under no circumstances, be considered as a legal opinion or a legal advice related to your personal legal situation. Despite all the care taken by Scripta Legal Inc, publication of any such legal information may contain typographical errors and Scripta Legal Inc. and Logiciels Scripta Inc. disclaim all direct or indirect liability in this regard. In addition, Scripta Legal Inc. and Logiciels Scripta Inc. disclaim all liability for any loss or damage suffered, in whole or in part, that may result from an error or omission on your part in the personal facts submitted to us or your failure to consult a legal counsel when using the questionnaires and interactive documents on the Website, whether it is in connection with the consultation, drafting, updating or use of any of the interactive documents available on the Website.

Newsletters sent by Scripta Legal Inc.

Subscription to newsletters sent by Scripta Legal Inc. is totally public, that is to say open to all.  No control over subscription exists a priori. People subscribe in a totally autonomous way and they unsubscribe whenever they want. No information collected on the Website at the time of a subscription will be communicated to third parties. Thus, your email address will be kept for the sole purpose of sending you newsletters. If you choose to subscribe, Scripta Legal Inc. will collect your contact details, such as your name and email address. These contact details will be used exclusively to send you the newsletters you have requested. Subscribers' list of Scripta Legal Inc. will never be sold, nor leased to third parties.

Ownership of the Website and of its Contents and intellectual property rights

The Website and its Contents belong exclusively and in perpetuity to Logiciels Scripta Inc. which authorized Scripta Legal Inc. to use, exploit and commercialize same pursuant to the License. The Website is subject to exclusive and perpetual copyrights in favour of Logiciels Scripta Inc. which exclusively reserves for itself all rights. Therefore, the Contents of the Website must be considered in the following way: "© Les Logiciels Scripta Legal inc. - All rights reserved"; indeed, Contents of the Website is protected by the Canadian and international laws on copyrights and by the international treaties applicable.

Some of the software and computer programs, both current and future, being currently part of the Website or ensuring its functioning and that will form part of it in the future, including the source codes for such software and computer programs, are the exclusive, universal, irrevocable and perpetual property of Logiciels Scripta Inc. which authorized Scripta Legal Inc. to use it pursuant to the License and that, for ensuring the proper functioning of the Website, it being understood that these software, computer programs and source codes, both current and future, have been assigned to Logiciels Scripta Inc. pursuant to Assignment of Rights Agreements. However, notwithstanding the assignment of rights in these software, computer programs and source codes as mentioned above, the Library belonging respectively to Mathieu Forget and Forgelogic Inc. is not forming part of such assignment of rights and consequently, Mathieu Forget and Forgelogic Inc. own currently, and will own in the future, all intellectual property rights in the Library, both current and future, pursuant to any laws and regulations applicable throughout the world. All other software not belonging to Mathieu Forget and Forgelogic Inc. and not forming part of an assignment of rights by these ones but also being part of the Website as well as the source codes of all such other software, are the exclusive, universal, irrevocable and perpetual property of Logiciels Scripta Inc. and the same will apply to all such other software that will form part of the Website in the future.

 

You accept and agree that the Website, the entire Contents available on the Website, including but without no limitation the texts, legal information, legal writings, contract templates, interactive questionnaires and documents, data, images, graphics, photos, videos, interactive features and other material such as customer accounts and documents related to the services offered on the Website, including the software, computer programs and source codes allowing the functioning of the Website, with the exception of all documents and personal information transmitted by a user on the Website, as well as the name ?Scripta Legal? and the logo of Scripta Legal Inc., the domain name of ?www.scriptalegal.com? and the trademarks and logos appearing on the Website (the "Trademarks"), are the exclusive, irrevocable and perpetual property of Logiciels Scripta Inc. which granted to Scripta Legal Inc. the necessary authorization to use them pursuant to the License or else, they are the property of third parties as regards elements or material belonging to them exclusively or they are subject to a license granted in favour of the Website and Scripta Legal Inc. but by a corporation other than Logiciels Scripta Inc. and consequently, Logiciels Scripta Inc. is the only one that can decide upon the selection, coordination, arrangement and enhancement of the Contents of the Website and Trademarks. WARNING: It must be emphasized that the expression "Contents",  as used for the purposes of this section only, includes also all material whose property rights, copyrights and trademarks belong to third parties and therefore, it is prohibited to use such material without the written permission of their owners.

By using the Website, you agree that the Website, its Contents and Trademarks are protected by copyrights, trademarks and/or other intellectual property rights that are governed by the laws of Canada and any other applicable legislation. All copyrights, trademarks and other intellectual property rights, current and future, related to the Website, its Contents and Trademarks will remain at all times the exclusive, irrevocable and perpetual property of Logiciels Scripta Inc. or of third parties, as the case may be. In addition, Logiciels Scripta Inc. reserves all rights not specifically granted in relation to the Website, its Contents and Trademarks.

Although Logiciels Scripta Inc. owns all rights in the Website and its Contents, by agreeing to the present Terms of Use, Scripta Legal Inc. grants you a limited, non-exclusive and non-transferable license to use and show on your computer the Website and its Contents for the purposes of your use only and that, pursuant to the License granted to the latter by Logiciels Scripta Inc., it being understood that your commercial use of the Website and its Contents is strictly prohibited, and at the express condition that you make no modification of the Website and its Contents and that you keep all notices of copyrights and other notices of property which are included there. You will therefore be able to print or download excerpts from the Website and its Contents for the purposes of your own use as far as none of these texts is modified and as far as is included with each copy of the Contents which you will make and shown on the latter the relevant copyright notice applying to Logiciels Scripta Inc. or to third parties, as the case may be, except as regards all the documents and personal information transmitted by a user on the Website.

Trademarks

Trademarks and logos displayed or used on the Website belong to Logiciels Scripta Inc. which authorized Scripta Legal Inc. to use them pursuant to the License or belong to third parties, as the case may be. By permitting access to the Website, Scripta Legal Inc. and Logiciels Scripta Inc. do not authorize in any way the use by any person, directly or indirectly, of a Trademark appearing on the Website without the prior written permission of the owner of this one.

The privacy policy

Scripta Legal Inc. has adopted, for the operation of the Website, a policy on the protection of privacy, being a privacy policy, which complies with the requirements of the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 and the Act Respecting the Protection of Personal Information in the Private Sector, CQLR, c P-39.1 and also complies with the ten rules that were established by the Model Code for the Protection of Personal Information (CAN / CSAQ830-96) of the CSA Group and which are recognized as constituting the National Standard of Canada.

What Scripta Legal Inc. considers as being "personal information", it is any information related to or concerning a legal or natural person in particular that makes it identifiable and can be used to identify it in a specific way, whether by using this information alone or coupled with other information held by the Website, including the information and personal facts that you provide or transmit on the Website by answering the interactive questionnaires to generate the selected document; that is why it is sometimes referred to as personally identifiable information. This definition therefore excludes general information that cannot be associated with a specific legal or natural person. Scripta Legal Inc. does not consider as being a personal information all information or details that have become or rendered anonymous or that have been aggregated in such a way that it cannot identify specifically and in any manner whatsoever a legal or natural person.

Within the framework of its activities, Scripta Legal Inc. collects, keeps or uses personal information but in this regard, the latter takes useful steps and implements security measures to ensure confidentiality unless the services requested by a user require the intervention of third parties, including subcontractors, for the purpose of performing same and, in particular, when the services requested involve the intervention of governmental or semi-public bodies or professional associations or other similar organizations, in which case such third parties shall treat such personal information on behalf of Scripta Legal Inc. and use it for the sole purpose of performing the required tasks they must perform whilst respecting the confidentiality of such information unless having obtained your consent beforehand.

Scripta Legal Inc. wants to respect the minimal requirements with regard to the protection of personal information of users of the Website as well as those of its employees, as the case may be. Through the privacy policy of Scripta Legal Inc., the latter aims at establishing responsible practices governing the collection, use and disclosure of personal information in a way that takes into account the right of people to privacy concerning the information about them as well as the administration of such personal information, the whole in accordance with the applicable legislation and the National Standard of Canada.

The privacy policy of Scripta Legal Inc. applies to personal information that the latter collects, keeps, uses or discloses about the users of the Website and also, this policy aims at managing such information in both their electronic, verbal and written form.

Scripta Legal Inc. has thus adopted such policy which constitutes its commitment to the protection of the privacy and confidentiality of the personal and/or professional and/or commercial data about you that you will transmit on the Website. Please be assured that Scripta Legal Inc. will keep confidential your steps undertaken and personal information you will transmit to the Website in accordance with its policy. The personnel of Scripta Legal Inc. will only use the information necessary to act upon your request or provide you with one of the services of the Website. 

Since Scripta Legal Inc. offers its services through a website, the latter will comply with the requirements of the National Standard of Canada as follows:

Scripta Legal Inc. does not pass on any of your personal information to third parties unless such third parties process such information on its behalf whilst accessing the databases of the Website only for specific purposes related to the tasks they are required to perform and in such a case, such third parties will not be able, in turn, to pass on your personal information to anyone without having obtain your prior consent. In addition, Scripta Legal Inc. does not sell, nor transmit any of your personal information to external organizations.

It would be possible that Scripta Legal Inc. can also share information with social media websites or use social media websites to enable you to sign in to your account on the Website. These social media websites could then automatically give access to the Website to certain personal information they hold about you (for example, the contents you view, the contents you like, the information about advertisements you have seen or on which you clicked, etc.). But Scripta Legal Inc. reminds you that in such a case, you can control yourself the personal information to which the latter might have access about you from the privacy settings of these social media websites as well as from the authorizations you can grant the Website when you enable it to access your personal information held by these social media websites. In such a case, if it happens that you associate your account managed by a social media website with the one you own on the Website and that you allow Scripta Legal Inc. and the Website to access this information through this social media website, then you shall accept that Scripta Legal Inc. can collect, use and retain information about you coming from these websites.

Scripta Legal Inc. would like to advise you that if you transmit to the Website the personal information of someone other than yourself, then you must have necessarily obtained its prior explicit consent to do so. In addition, you must have explained to this person the way Scripta Legal Inc. collects, holds, uses and retains this personal information, the whole in accordance with its privacy policy.

Nos mesures de sécurité mises en placeThe security measures implemented

In general, methods used to ensure the protection of personal information should include the following: a) physical means as per example, locked filing cabinets, restrictive measures for accessing the offices; b) administrative security measures as per example, security clearances for access to "sensitive" data and selective access to data aiming at authorized people only; and c) technical security measures as per example, use of passwords and safe encryption of data.

Scripta Legal Inc. has taken appropriate measures to protect your personal information that are confidential against loss or theft, or against unauthorized access, disclosure, reproduction, copying, use or modification. Given that the operations of Scripta Legal Inc. take place on the Web, the latter adopted both administrative and technical safety measures, these safety measures being updated regularly.

The administrative security measures implemented

The administrative security measures of Scripta Legal Inc. include: a) physical measures as for example, restricting access to the offices where the Website and Scripta Legal Inc. operate as well as to their equipment; and b) organizational measures as per example, security investigations and adherence of their personnel to a confidentiality commitment.

In addition, the personnel of Scripta Legal Inc. follow the security instructions applying at the scale of the Website and Scripta Legal Inc. and also, only authorized staff members of Scripta Legal Inc. have access to personal and confidential information and these ones agreed to ensure the confidentiality of personal information provided or transmitted by users because they signed confidentiality agreements with Scripta Legal Inc.

Also, each of the third parties with whom Scripta Legal Inc. is doing business, in particular for processing some of the data of the Website, has signed a confidentiality agreement with respect to personal information or details of which such third party might be aware as part of the execution of specific tasks for which Scripta Legal Inc. has retained its services.

Scripta Legal Inc. has also implemented control measures applying to any person having access to the Website, regardless of whether such person carries out tasks or performs work or does a specific mandate for the benefit of the Website or Scripta Legal Inc. in order to best ensure the confidentiality of your personal information and compliance with the privacy policy of Scripta Legal Inc.

The technical security measures implemented

Servers used by the Website have been designed to ensure the safest surfing on the Internet. These servers are endowed with mechanisms offering protection among others against unauthorized access to personal information that Scripta Legal Inc. collects.

In addition, all personal information transmitted through the Website are protected by an encryption method because when you use the services of the Website, Scripta Legal Inc. is providing the encryption technology SSL (Secured Socket Layer) that encrypts your personal information to secure same at the time of its transmission or exchange. If an unbroken key or a closed padlock, depending on your browser, appears when you make a transaction on the Website, it is that the SSL technology is activated to protect you. You also have access to the secure servers of the Website when you give your credit information when making a payment.

To reassure you about the security that Scripta Legal Inc. has implemented on the Website, the latter advises you to examine the URL or the address bar of your browser. If you are accessing a secure server, the first characters of the address appearing in this bar should then be changed from "http" to "https."

All web pages of the Website where are transmitted personally identifiable information or personal information are SECURE to ensure the protection of this information transmitted to the Website by users.

Scripta Legal Inc. has implemented standards that are generally recognized within the industry of electronic data exchange regarding the security of technology and use of data in order to protect personal information against any risk of unauthorized access, loss, misuse, alteration or destruction of data.

Thus, Scripta Legal Inc. especially uses security measures such as hardware and software "firewalls", automatic end of session mechanisms and encryption coding certificates for data (256 bits encryption SSL) which allow the protection of data communicated by means of a website.

Here is a brief description of some security mechanisms that Scripta Legal Inc. has implemented on the Website to ensure the protection of your privacy and your personal information:

Commitments of Scripta Legal Inc. as regards the protection of your personal information

Scripta Legal Inc. is committed to ensure the protection and confidentiality of personal information provided on the Website and is also committed to comply with the rules of the code of ethics governing Scripta Legal Inc., which prohibits the latter to reveal any information about you without your written authorization. Because the operations of Scripta Legal Inc. take place on the Internet, so the latter takes the appropriate measures for protecting personal information against loss or theft, or against unauthorized access, disclosure, reproduction, use or modification.

To protect at best your privacy, when Scripta Legal Inc. collects your personal information, this one is kept in a confidential manner. Scripta Legal Inc. is committed to ensure the protection of personal information you provide on the Website and as already mentioned, Scripta Legal Inc. will never transmit them to third parties, nor share them with third parties in view of their use for commercial or marketing purposes without having obtained your prior consent, except for the following: a) transfer of your financial information when processing your payment with a credit card by the service providers of Scripta legal Inc. in this regard, it being understood that when you buy a service through the Website, Scripta Legal Inc. is grouping the information used for billing in order to process your payment; b) transfer of your information for the services you are requesting Scripta Legal Inc. to perform and for which the latter must communicate same to the authorities concerned in order to render these services; and c) use of cookies for remarketing purposes only as it is mentioned herein. However, please be advised that Scripta Legal Inc. do not keep on the servers of the Website any information related to your credit card; indeed, the Website is asking you the coordinates of your credit card for each of your purchases. In addition, payments by credit card are processed by certified assistants and banks in accordance with the privacy policy of Scripta Legal Inc.

Scripta Legal Inc. is committed to use and disclose your personal information only for the purposes for which it was collected, unless you agree that it can be used or transmitted for other purposes, or that the applicable legislation allows or requires it. 

Scripta Legal Inc. makes a commitment to disclose your personal information to third parties only in the following circumstances: Scripta Legal Inc. reserves the right to disclose personal information to a third party when a law, a regulation, a regulatory authority, a search warrant, a summons or court order obliges the latter or legally authorizes the latter to do so.

In addition, Scripta Legal Inc. makes a commitment not to sell, rent, share, lend or exchange with anyone the users' list of the Website, nor their personal information for marketing purposes, it being understood that Scripta Legal Inc. is using remarketing cookies but for remarketing purposes only as it is mentioned herein.

Scripta Legal Inc. is also committed to comply at all times with the applicable legislation regarding spam or junk messages. Thus, Scripta Legal Inc. may use your email address for administrative purposes but the latter will not use in any case your email address to send you commercial messages for promotion or marketing purposes without having obtained your prior consent and in case of such use, Scripta Legal Inc. will comply with the requirements of the applicable legislation regarding spam.

Scripta Legal Inc. is committed to take the necessary measures so that the equipment, computer systems, servers and software of the Website are always on the cutting edge of technology to ensure an excellent protection of your details, personal information and documents.

Advices to ensure your security on a website

As part of the services that Scripta Legal Inc. offers you online, the Website has been designed taking into consideration a constant concern: to provide security measures that meet and comply with safety standards established for websites and applying at the time of transfer of documents and personal information. The commitment of Scripta Legal Inc. for maintaining a high level of security on the Website does not mean that you have no precaution to take yourself when visiting a website, even in a secure environment.

Indeed, because of the open and public nature of the Internet, it is almost impossible to provide an ironclad warranty regarding the security of the data or information provided or transmitted to the Website. Unfortunately, despite all the efforts deployed by Scripta Legal Inc., you should know that no technology is perfect and there is always some risk that personal information you transmit to the Website are disclosed without your consent and without any fault on the part of Scripta Legal Inc., Logiciels Scripta Inc. and the Website. With regard to technology, given the extreme difficulty to intercept any intruder capable of accessing the Website with unknown or malicious intentions, you acknowledge that Scripta Legal Inc., Logiciels Scripta Inc. and the Website will not accept any liability for the fact that such confidential information about you could be disclosed without any fault on their part.

Despite all the security measures that Scripta Legal Inc. has implemented, it is very clear that disclosure, communication or dissemination of personal information or details over the Internet or elsewhere carries risks. Thus, despite the measures taken to minimize the occurrence of such incidents, Scripta Legal Inc. cannot certify that the equipment, computer systems and tools of the Website will be exempt from errors, vulnerabilities and completely impervious to illicit interception, theft or dissemination or to a breach of confidentiality in any manner whatsoever.

In some cases, when you communicate with the Website through the Internet or you transmit on the Website personal information or confidential details in the context of using the services of the Website, you acknowledge that your personal information could be intercepted by third parties whose intentions are unknown to Scripta Legal Inc. In other cases, identity thieves could send you fraudulent emails to lure you into revealing personal or financial information, that is to say "phishing". To that end, if you receive an email that appears to have been sent by the Website or Scripta Legal Inc. asking you to reveal them personal information about you, you must not answer. For example, Scripta Legal Inc., nor the Website will never ask you the password to your account, your username, information related to your credit card or other similar information through email or text message. If you received a suspicious email or have given personal information in response to such email, text message or otherwise, or in a pop-up window or a fake website pretending to be affiliated with the Website, please contact immediately Scripta Legal Inc. or the Website to inform them about such an incident.

So Scripta Legal Inc. highly recommends that you take all necessary measures to protect, on your own, your privacy as well as your personal information and confidential details.

Scripta Legal Inc. believes that you are the only person responsible for ensuring that your computer system and your computer are capable of using the Website and about that, the latter recommends that you use and update anti-viruses, anti-spyware and firewalls protection and any other software intended for protection of computer systems and regularly update the operating system and browser you are using to access the Website.

Advices concerning security measures for usernames and passwords

To access your account on the Website, you must use a username and a password. And you are the only person responsible for ensuring the confidentiality of your username and password and any misuse of their use as well as all activities and transactions taking place with your username and password. For security reasons, you have the responsibility to ensure the confidentiality of your username and password and you must not disclose them to anyone, nor allow anyone else than you to use them. You will thus be completely responsible for all damages consequent to the disclosure you make of your username and password or due to your authorization for their disclosure or caused by any person using your username and password to access your account. Even if Scripta Legal inc. and Logiciels Scripta Inc. disclaim all liability for your losses resulting from any unauthorized use of your username and/or password, you may be responsible for losses or other damages suffered by Scripta Legal inc., Logiciels Scripta Inc. and the Website by reason of such unauthorized use. Indeed, the use of your username and the password related thereto is worth proof of your use of the services on the Website.

You are required to notify immediately Scripta Legal inc. or the Website if you are aware or have reason to believe that there is an unauthorized use of your account or any other breach of accepted standards in order to ensure the security and confidentiality over the Internet. Scripta Legal inc. and Logiciels Scripta Inc. disclaim all liability whatsoever for any claim related to the use of your username and password due to activities undertaken by any third party outside your control or as a result of your failure to ensure their confidentiality and security.

That is why Scripta Legal inc. recommends that you do not disclose to anyone your password, whether directly or via a phone call or unsolicited email, that you change it regularly and answer in no event to an online request asking for your password. Scripta Legal inc. and the Website will never ask you to provide your password, whether online or offline, except when you will need to enter your password to log in to the Website or its services.

Advices concerning the choice of passwords

Here are some advices concerning the selection and use of passwords that Scripta Legal inc. is suggesting you to apply.

Advices concerning the secure transmission of your personal information

Scripta Legal inc. is providing you with some advices to better ensure the security of transmission of your personal information when using the Internet.

Cookies and similar technologies used by the Website

General information

With a view of providing you with the services of the Website, Scripta Legal inc. uses both small data files stored on your computer, tablet, mobile phone or other devices (collectively referred to as a "PC") that we call cookies, as well as the latter uses other similar technologies, since each of these ones has different functions.

In general, these cookies and similar technologies allow the Website to store data and relevant information on your PC and read them afterwards for the purposes of identifying you on the servers or computer systems of the Website. These cookies and similar technologies cannot give access to your PC, nor to the information transmitted on the Website or any other website.

While some cookies are required for ensuring the proper functioning of the services on the Website, others are intended to improve the performance of the Website as regards its use, or to provide access to additional functions on the Website or to present you advertisements.

Scripta Legal inc. uses these cookies either in a temporary way while they stay in position as long as your browser remains active, either in a permanent way while they remain on your PC during a prolonged period of time because they are written onto the hard disk or memory of your PC and are stored there.

Apart from a specific action undertaken by you, Scripta Legal inc. believes that in using the Website, you agree to the use of cookies and similar technologies by Scripta Legal inc.

Possibility to delete or disable cookies and similar technologies

Scripta Legal inc. wishes to inform you that, if you wish, you can block, delete or disable these cookies and similar technologies if your PC or browser allows same and for that purpose, you will have to consult the settings of your PC or browser; you can also manage these ones from the same settings.

However, if you deny access to cookies and similar technologies, it could be that you cannot then have access to functions, services or tools of the Website; as for example, you may need to enter your username and your password more often during the same browsing session.

Implementation of security measures concerning their use and access

Scripta Legal inc. is ensuring the protection of cookies and similar technologies of the Website, by giving them a single identifier, to be sure that only the Website and the duly authorized service providers of Scripta Legal inc. will be able to interpret the data contained therein.

Scripta Legal inc. favours the implementation of security measures on the Website to prevent unauthorized access by anyone to cookies and similar technologies of the Website. Thus, the use of a single identifier ensures that Scripta Legal inc. that itself and the Website are the only ones that can access your data or personal information collected through cookies of the Website.

Third-party cookies

Also, Scripta Legal inc. has service providers that aim at helping the Website to perform various tasks related to its activities and operations or the use of the Internet, in particular for its operation. Scripta Legal inc. advises you that these service providers can store cookies on your PC when you use the services of the Website; these files are called third-party cookies and they are used to collect information allowing the identification of your PC such as your IP address or other single identifiers.

The use by Scripta Legal inc. of different types of cookies

Cookies enable Scripta Legal inc. to record certain information when you use the Website as well as its services, messaging systems and tools or when you interact with their contents. They are small text files (usually composed of letters and numbers) stored in the memory of your browser or PC when you visit a website or read a message and they help in recognizing a specific PC or browser.

Scripta Legal inc. can use on the Website several different types of cookies, web beacons and similar technologies over the years.

As for cookies, we can find those described below:

You will find on the Website all types of cookies described above, but these ones can be disabled or deleted by using the tools offered by most browsers.

The use by Scripta Legal inc. of web beacons

Also, Scripta Legal inc. uses on the Website web beacons that are small images, also called "tracking pixels" or "pixel tags", which can be added to the Website; in general, these web beacons are used together with cookies and are enabling the Website to recognize its users and their activities as well as their conduct on it. The data so collected are only used in aggregate form and for enhancing the web pages of the Website.

The use by Scripta Legal inc. of similar technologies

Finally, Scripta Legal inc. uses on the Website similar technologies that aim at storing information on your browser or your PC using shared local objects or local storage devices and in such a case, we have for example flash files witness, HTML 5 files witness and other software applications. Some of these technologies can be managed only from your PC and its applications although they work on all browsers. However, Scripta Legal inc. does not use these technologies to store information about you for the purposes of advertisement targeting.

The purpose of the use by Scripta Legal inc. of these cookies and technologies

Scripta Legal inc. uses on the Website cookies, web beacons or similar technologies that are necessary to ensure its proper functioning. For example, their use is essential to spot unusual behaviors and fraudulent activities on the Website, while in other cases, they help to improve safety; these ones also allow you to use functions such as shopping carts or saved searches.

Scripta Legal inc. also uses on the Website cookies, web beacons or similar technologies to assess the performance of the Website, its services and tools, understand the use that users make of the Website, determine if they have used the messaging system of the Website or viewed a particular web page or link, or improve the presentation of the Contents of the Website.

Scripta Legal inc. uses on the Website cookies, web beacons or similar technologies for the sole purpose of providing you advanced functions when using the Website, its services or tools as well as for statistical purposes. For example, these ones are able to recognize you when you log in to the Website for keeping track of the web pages or items you have consulted in order to improve the presentation of the Contents of the Website.

The use by Scripta Legal inc. of remarketing cookies

Scripta Legal inc. is doing business with Google and others service providers at the level of advertising and statistics in order to use remarketing services and to that end, these service providers are using remarketing cookies to send you advertisements based on your previous visits to the Website. These cookies enable the Website to advertise its online services. However, if you wish, you can counteract these cookies by disabling the use of third-party cookies in your browser or by using only your browser in a private mode and in this regard, please refer to what is mentioned above.

Scripta Legal inc. is using the remarketing approach for reaching users who have already used or visited the Website in order to match the relevant message with their needs or again attract former users to the Website. Through these remarketing cookies, it is also possible for the Website to present its services and advertise them on various websites.

The use by Scripta Legal inc. of other cookies

By using the Website, statistical cookies, such as analysis cookies of Omniture and Google Analytics, and web beacons are collecting your IP address (or the single identifier number of your PC) to enable Scripta Legal inc. to generate aggregated data and statistics about your visits to the Website and analyze traffic thereon, in view of improving it in accordance with your needs.

Scripta Legal inc. is using settings cookies for collecting your IP address (or the single identifier number of your PC) and data on your browser, such as language, time zone and expansion module, to provide you with these data by default as part of your subsequent visits to the Website.

In some cases or for certain functions, Scripta Legal inc. is using connexion cookies and session state cookies.

Scripta Legal inc. is using connexion cookies in your customer space and theses ones keep in memory the information concerning your PC (either the IP address or the single identifier number of your PC) and the information you have entered before in order to provide you with these information by default when you will log in again to the Website using the same PC.

Regarding session state cookies, Scripta Legal inc. is using them to ensure the proper functioning of your customer space.

Managing your personal information

It is important to advise you that Scripta Legal inc. does not store any of your personal information on cookies or similar technologies of the Website. But it would be possible that, in the future, Scripta Legal inc. can collect and store personal information through the use of these cookies or similar technologies, in which case you will give it then your consent when agreeing to the Terms of Use of Scripta Legal inc.; however, Scripta Legal inc. points out that you can also disable them.

Use on the Website of technologies by service providers

Scripta Legal inc. is doing business with service providers that are third parties, such as google.com and several other derived products of Google, doubleclick.net, invitemedia.com, admeld.com, which can send on the Website third-party cookies, web beacons or other technologies to store, on their side, information about the Website or its services and tools. These data collected on the Website by these third-party service providers are not considered as being "sensitive."

These ones see then to bring you an enhanced, faster and safer experience on the Website. For example, they help Scripta Legal inc. to provide you with the Contents of the Website while gathering anonymous data for analysis purposes.

But Scripta Legal inc. has not authorize any of them to collect on the Website your personally IDENTIFIABLE information for their own purposes.

Dynamic links and software to be downloaded on the Website

Dynamic links available on the Website will allow you to access other websites which are not administered or controlled by the Website and by Scripta Legal Inc., nor by Logiciels Scripta Inc., including the websites of corporations affiliated with the Website or Scripta Legal Inc. If you click on these links, you will thus leave the Website to be redirected to another website and in doing so, Scripta Legal Inc. and Logiciels Scripta Inc. cannot guarantee that you will be adequately protected; indeed, it could be possible that these other websites send you their own cookies, collect data about you or request personal information. The fact that these other websites are listed on the Website or can be accessed from the Website does not involve legal responsibility for Scripta Legal Inc. and Logiciels Scripta Inc. in any way. By using the Website, you automatically release Scripta Legal Inc. and Logiciels Scripta Inc. from any and all liability arising from your use of these other websites.

You will thus have to read the privacy rules and policies applying to personal information that are specific to each of these other websites where you will be redirected when you click on these links. Scripta Legal Inc. and Logiciels Scripta Inc. disclaim all liability for the existing policies concerning the right to privacy of these other websites, the information collected by these other websites and the security of personal information you will provide on these other websites. If you want these other websites cease sending you and reading cookies in your PC, you will have to request them to do so by communicating directly with them.

Scripta Legal Inc. is offering you these links for your convenience only and by providing these links on the Website, Scripta Legal Inc. and Logiciels Scripta Inc. are not legally responsible for these other websites and furthermore, it does not mean that Scripta Legal Inc. and Logiciels Scripta Inc. support, endorse, authorize, recommend these other websites, nor express their agreement with the products, services or information contained on these other websites. Scripta Legal Inc. and Logiciels Scripta Inc. are not legally responsible in any way for the contents of websites to which these links lead and they make no representations or recommendations whatsoever regarding any other website to which you may access from the Website. If you access other websites from the Website, you do so entirely at your own risk. It is your responsibility to ensure that any website you choose to visit is free of potentially destructive items such as viruses.

Dynamic links to websites of software to be downloaded are also provided for your convenience only and Scripta Legal Inc. and Logiciels Scripta Inc. are not legally responsible for difficulties associated with downloading such software, nor for any damage whatsoever that may be caused by such download.

Documents transmitted by the user on the Website and their contents

You can transmit, transfer or post on the Website any material or document to the extent that its contents is not illegal, obscene, threatening, defamatory, does not affect privacy, does not infringe intellectual property rights of third parties and is without prejudice to third parties or is not reprehensible, and is not about introducing computer virus, or does not contain chain letters or any form of messenger spam or email spam. If these restrictions are not respected by you, Scripta Legal Inc. may immediately suspend the use of your customer account.

Restrictions on the use of the Website

Regarding the use of the Website, it is strictly prohibited for you to do the following: (a) create a co-branded website from the Website without having obtained the prior authorization in writing of Scripta Legal Inc. and Logiciels Scripta Inc.; (b) reproduce all or part of the Website at all times; (c) grant a license or resell any data or information obtained on the Website; (d) use or allow a third party to use any data or information obtained on the Website; and (d) use any data or information obtained on the Website in order to provide, yourself or through a third party, a service that is not authorized or is prohibited by the Terms of Use of Scripta Legal Inc.

By using the Website or one of its services, no user shall in any case, at any time and for any reason whatsoever: (a) act so as to impose an unreasonable or excessive load on the infrastructure of the Website; (b) use a device, software or routine with the aim of damaging or attempting to damage the proper operation of the Website or any activity taking place thereon; (c) attempt to decrypt, decompile, conduct a reverse engineering or disassemble any software associated with or being part of the Website or any of the services offered on the Website or attempt to modify any data obtained on the Website without the approval of Scripta Legal Inc. and Logiciels Scripta Inc.; (d) frame or set up a link with any material or information available on the Website, unless Scripta Legal Inc. and Logiciels Scripta Inc. allow to do so specifically; (e) copy, reproduce, modify, distribute or disclose publicly any element of the Contents coming from the Website, its services or tools, except for your personal information, or make derivative works thereof, without the express written consent of Scripta Legal Inc. and Logiciels Scripta Inc. or that of the appropriate third party, as the case may be; (f) damage or attempt to damage in any way whatsoever the proper operation of the Website, its services or tools, or any activity thereon; and (g) bypass the measures intended to prevent or limit access to the Website, including the protocols of robots exclusion on the Website.

Indeed, Scripta Legal Inc. has currently implemented protocols of robots exclusion. The entire Contents appearing on the Website belongs exclusively to Logiciels Scripta Inc. or was granted to the latter under license and this Contents benefits from the protection of the Canadian and international laws applying to intellectual property rights. Therefore, you agree not to use robots, or other automated means to access the Website for any reason whatsoever, without having first obtained the express written consent of Scripta Legal Inc. and Logiciels Scripta Inc.

Also, when you use the Website or any of its services, you agree not to: (a) transmit or download on the Website any material, documents or information that could be considered or perceived as being defamatory, abusive, illegal, obscene, threatening, fraudulent, pornographic or harmful or that could encourage or persuade anyone to perform criminal or immoral acts or that give rise to legal responsibility for the Website and for Scripta Legal Inc. and Logiciels Scripta Inc. and its owners or that breach any law in force or that are otherwise considered as inappropriate in the circumstances; (b) transmit on the Website pyramid schemes and chain letters; (c) transmit on the Website a computer virus or any other harmful component so as to prejudice the Website and the interests and property of other users of the Website; (d) when using a service offered on the Website, give false information or likely to mislead recipients into error; (e) collect or attempt to collect on the Website any information that is personally identifiable and confidential, including names, addresses, phone numbers and email addresses as well as customer accounts; (f) use or attempt to use spiders, robots, avatars, intelligent agents or any other browser, except for a normal browser, or any other automated system; (g) access data on the Website to which you do not have the right or provide to yourself information about others without having been authorized to do so; and (h) circumvent, disable or interfere with elements connected to security on the Website or with elements that prevent or restrict the use or reproduction of any part of the Contents of the Website or that give effect to restrictions regarding the use of the Website or its Contents.

Finally, when using the Website, you cannot use a false email address, impersonate another person, usurp the identity of an individual, a legal person or any commercial entity, mislead as to the origin of a document or other contents or represent wrongly to act on behalf of other users of the Website or even act on behalf of the Website.

Notwithstanding the foregoing, Scripta Legal Inc. grants permission to the operators of public search engines to use spiders in order to copy material on the Website only for the purpose of creating search indexes available to the public as regards this material, but Scripta Legal Inc. does not allow them the use of caching or archiving technique with such material. Scripta Legal Inc. reserves the right to revoke these exceptions either generally or for specific cases only.

You acknowledge and agree that Scripta Legal Inc. may, at its discretion, without any limitation of other recourses or remedies available to it and without having to send you a prior notice to that end, undertake one or the other of the following measures, including when Scripta Legal Inc. believes that you are making an abusive use of the Website: (a) limit, suspend or cancel your customer account; (b) suspend your use of the Website for a specific or indefinite period of time or terminate your use of the Website for the future; (c) prohibit access to all information you have provided to the Website, including when Scripta Legal Inc. believes that you have not complied with these Terms of Use; and (d) take technical and legal measures to prevent you from using the services of the Website. Also, you acknowledge and agree that Scripta Legal Inc.  shall not be liable in any case toward you or any other person as a result of any measure mentioned above that will have been taken by Scripta Legal Inc. Therefore, if you do not agree with these Terms of Use and the method of operation of the Website, your only available remedy is to stop using the Website.

No warranty as to any obligation of result or guarantee obligation and limitation of liability

Logiciels Scripta Inc., nor Scripta Legal Inc. do not guarantee you in any way the continuation of the Website. Thus, Logiciels Scripta Inc. and Scripta Legal Inc. reserve the right to shutdown or interrupt it at any time, at their sole discretion and without prior notice and therefore, Logiciels Scripta Inc. and Scripta Legal Inc. disclaim all liability as for prejudices or damages that the shutdown or interruption of the Website could cause you.

Thus, Logiciels Scripta Inc., nor Scripta Legal Inc. cannot guarantee that the Website will be available at all times on the Internet, nor that it will meet your requirements or needs, nor that its access will not be interrupted temporarily for any reason whatsoever, that there will be technologically no delays, failures, errors, omissions or losses of transmitted information, that no viruses or other contaminating or destructive element will be transmitted or that no damage will be caused to your computer system.

Therefore, although Logiciels Scripta Inc. and Scripta Legal Inc. do thir best so that the Website contains no error, Logiciels Scripta Inc. and Scripta Legal Inc. cannot guarantee that the use of the Website will be exempt of errors, defects, anomalies, problems or viruses, of temporary interruption or disconnection (an "Error") and Logiciels Scripta Inc. and Scripta Legal Inc. disclaim all liability for any Error that may affect the Website. In no event, Logiciels Scripta Inc., Scripta Legal Inc., their owners, shareholders, related corporations, affiliates, licensees, directors, officers, employees, representatives and agents shall be held liable for all incidental or consequential damages, whether they are foreseeable or not, related directly or indirectly to the use of the Website, being www.scriptalegal.com, or the access to the Website, being www.scriptalegal.com, such damages that may include among others the loss of data, income or profit arising from the use or inability to use the Website.

Notwithstanding the foregoing, the Website and the elements contained therein are available as presented to users and in this regard, you acknowledge that Logiciels Scripta Inc. and Scripta Legal Inc. give no warranty, express or implied, as to any obligation of result or any guarantee obligation on their part in connection with the use of the Website and its elements, it being recognized and agreed that at all times, Logiciels Scripta Inc. and Scripta Legal Inc. can only be held to an obligation of means.

Control over the use of the Website

By using the Website, you agree that Scripta Legal Inc. can collect, transmit, store and use your personal information and your confidential details on the servers of the Website located in Canada and also, that Scripta Legal Inc. can administer these personal information and details.

Indeed, Scripta Legal Inc. keeps a log for recording the events related to safety or which are of interest for verification or for statistical purposes. May be recorded in this log every access to the Website or to sections of it, some communications sent or received by a user as well as some other activities regarding the Website.

To better adjust the Website to the expectations of users, Scripta Legal Inc. keeps the information required for keeping track of the number of visitors, the most frequently viewed web pages, the technology used by visitors, the referencing websites and the country of origin of users.

Exoneration

Unless you had reviewed by a legal counsel the questionnaires and interactive documents chosen on the Website before signing them, you acknowledge and agree that your use of the Website and of its services offered thereon is at your own risk and that you will then have to take responsibility for any error which you would have made about the facts related to your personal situation or for any misunderstanding on your part of the questionnaires having resulted in an interactive document not specifically answering your personal needs in connection with the intended transaction.

Indeed, Logiciels Scripta Inc. and Scripta Legal Inc. provide to you the Website and its Contents taking into consideration the following requirements: (a) your understanding of questions appearing in our interactive questionnaires and the general legal information offered thereon; (b) your answers submitted to our interactive questionnaires based on personal facts known to you; and (c) your own analysis of your personal situation based on the objectives you are looking for in connection with the interactive document chosen. These requirements mentioned above consist of elements of which you agree to be solely responsible.

Consequently and in accordance with the fullest extent permitted by law, Logiciels Scripta Inc., Scripta Legal Inc., their owners, shareholders, related corporations, affiliates, partners, licensees, officers, directors, employees, representatives and agents disclaim all warranties, whether express or implied, as to any obligation of result or any guarantee obligation on their part in connection with the Website and your use of it.

Logiciels Scripta Inc. and Scripta Legal Inc. make no warranty whatsoever and no representation as to the accuracy or completeness of other websites that are linked to the Website.

Moreover, technologically, Logiciels Scripta Inc., Scripta Legal Inc., their owners, shareholders, related corporations, affiliates, partners, licensees, officers, directors, employees, representatives and agents, assume no liability for the following: (a) damage to property or person whatsoever resulting from your access to the Website and your use of it; (b) any unauthorized access to the secure servers of the Website and/or your personal information or financial information contained therein, as well as their unauthorized use; (c) any temporary interruption or discontinuation of transmission with the Website or from the Website; (d) viruses or similar material that can be transmitted on the Website or through the Website by third parties; and (e) any loss or damage of any kind arising from the use of any material or file transmitted or otherwise made available through the Website.

Logiciels Scripta Inc. and Scripta Legal Inc. do not guarantee that the material available on the Website is compatible with your equipment or computer systems or is exempt of errors or other defects and in this regard, Logiciels Scripta Inc., Scripta Legal Inc., their owners, shareholders, related corporations, affiliates, associates , licensees, officers, directors, employees, representatives and agents, disclaim any liability as for any damage whatsoever suffered by you due to your use of the Website.

IN GIVING YOUR CONSENT TO THESE TERMS OF USE, LOGICIELS SCRIPTA INC. AND SCRIPTA LEGAL INC. ARE NOT QUESTIONNING THAT YOU WILL BE AT ALL TIMES OF GOOD FAITH WHEN YOU USE THE WEBSITE AND ITS SERVICES AND YOU ACKNOWLEDGE AND AGREE TO THE LIMITATION OF THEIR LIABILITY SET FORTH HEREIN. NOTWITHSTANDING THE FOREGOING, IN AGREEING TO THE CONDITIONS MENTIONED HEREIN BUT TO THE EXTENT YOU WILL HAVE SHOWED BAD FAITH IN THE CONTEXT OF THE USE OF THE WEBSITE AND ITS SERVICES, YOU ACKNOWLEDGE AND AGREE TO WAIVE EXPRESSLY, IN SUCH EVENT, ANY FORM OF PROTECTION, REGARDLESS OF WHETHER IT IS PERMITTED BY LAW OR IT IS OF ANOTHER NATURE, THAT WOULD LIMIT IN ANY MANNER WHATSOEVER THE SCOPE OF THESE  PRESENTS IN ORDER TO INCLUDE ONLY THE CLAIMS WHICH ARE IN YOUR FAVOUR AND OF WHICH YOU KNEWN OR SUSPECTED THE EXISTENCE UPON YOUR ACCEPTANCE OF THESE TERMS OF USE.

Limitation of liability

Subject to the rules of the code of ethics governing Scripta Legal Inc., you acknowledge that the Website, Scripta Legal Inc. and Logiciels Scripta Inc. will, in no event, be liable to any person for any prejudice, loss and for any damage direct, indirect, incidental, consequential, special or exemplary, for example of a coercive nature, or due to the act of a third party, arising directly or indirectly from the use of the Website, its Contents and its services or the use of other websites linked to the Website or accessible from the Website, the inability to use the Website and/or its Contents or the improper functioning of the Website, as well as arising directly or indirectly from the use, download, upload (downloading towards the upstream) or access to elements, information or services on the Website, including any financial or commercial damage, loss of programs or data in your computer system or any other system, even if the Website, Scripta Legal Inc. and Logiciels Scripta Inc. had knowledge of the possible emergence of such damage. Subject to the rules of the code of ethics governing Scripta Legal Inc., you acknowledge that this limitation of liability applies to all causes of action, whether they are based on a contract, warranty, tort or any other legal theory or concept applicable. 

Regarding the limitation of liability, Logiciels Scripta Inc. and Scripta Legal Inc. also invite you to read very carefully their WARNING appearing above herein.

For more details, you acknowledge that in no event, Logiciels Scripta Inc., Scripta Legal Inc., their owners, shareholders, related corporations, affiliates, partners, licensees, directors, officers, employees, officers, agents, representatives, parent corporations and subsidiaries, shall be liable to you for any direct, indirect, incidental, consequential, special or exemplary damage of any kind whatsoever suffered by you and resulting from the following: (a) damage to property or person whatsoever resulting from your access to the Website and your use of it; (b) any unauthorized access to the secure servers of the Website and/or your personal information or financial information contained therein, as well as their unauthorized use; (c) any use of the Website and any temporary interruption or discontinuation of transmission with the Website or from the Website; (d) viruses or similar material that can be transmitted on the Website or through the Website by third parties; (e) errors and omissions on the Website, and furthermore, that they shall not be liable for any loss or damage of any kind arising from the use of any material, document or information posted, transmitted or otherwise made available through the Website, based or not on a warranty, contract, damages or any causality of legal nature and regardless of whether Logiciels Scripta Inc. and Scripta Legal Inc. have been notified of such damage and regardless of whether such damage were foreseeable or not. You acknowledge that the foregoing limitation of liability will apply in the most extensive possible way as the legislation in force permits it in any jurisdiction concerned. Considering that some jurisdictions do not allow the limitation of liability for exemplary, consequential or incidental damages, you acknowledge that the liability of Logiciels Scripta Inc. and Scripta Legal Inc. is limited to the maximum amount permitted by the legislation applicable in the case of such jurisdictions.

In addition, you acknowledge that Logiciels Scripta Inc. and Scripta Legal Inc. specifically disclaim any liability in connection with the general and informative legal information appearing on the Website as well as in connection with any material and/or information and/or document you transmit or download on the Website, it being understood and agreed that such legal information shall never be considered as constituting a legal opinion on any question of law.

It is understood and agreed that Logiciels Scripta Inc. and Scripta Legal Inc. shall not be liable for a breach or non-compliance, in whole or in part, with their obligations, nor for damage or losses suffered by a user if these ones are resulting from a case of force majeure or fortuitous event or circumstance beyond their control.

Indemnification

By using the Website and its services, you acknowledge and agree to defend, indemnify and hold harmless Logiciels Scripta Inc. and Scripta Legal Inc., their owners, shareholders, related corporations, affiliates, partners, licensees, directors, officers, employees, agents, representatives, parent corporations and subsidiaries, from any claim, damage, loss, demand, obligation, cost, debt, expense, cause of action and judgment (including reasonable costs for professional services of lawyers and legal costs) arising from or in connection with: (a) allowing other users to use your username, password and customer account; (b) your breach of any of the Terms of Use of Scripta Legal Inc. and of the terms mentioned herein; (c) your breach of the rights of any third party, including, without any limitation, copyright, property rights and rights to privacy; (d) any claim or action to the effect that your material transmitted or uploaded on the Website caused damage to a third party. This obligation of defense and indemnification will survive the Terms of Use set forth herein and your use of the services on the Website.

Also, you acknowledge and agree to indemnify and hold harmless, compensate and not hold legally responsible Logiciels Scripta Inc., Scripta Legal Inc., their owners, shareholders, related corporations, affiliates, partners, licensees, directors, officers, employees, agents, representatives, parent corporations and subsidiaries, with respect to any claim or action, including reasonable fees for professional services of lawyers and legal costs, made by a third party as a result of your breach of these Terms of Use or your infringement arising from your unauthorized use of the Website or as a result of your breach of any legislation in force or the rights belonging to a third party.

Warning

Despite all efforts deployed by Scripta Legal Inc. to protect your personal information circulating on the Website or kept thereon, it is for all the users to assume the risk that the privacy seal of these exchanges is broken. That is why you acknowledge that Logiciels Scripta Inc. and Scripta Legal Inc. disclaim all liability as for any eventual damage that you may suffer by reason of the way you transmit or exchange personal information with the Website on the Internet, including the use you will make of any technology or computer system for accessing the Website.

Location as regards the operation of ​​the Website and applicable legislation

The Website is published from Canada and its virtual servers are located in Canada. The Website, Logiciels Scripta Inc. and Scripta Legal Inc. are governed by the laws of the Province of Quebec and the laws of Canada applicable there and the terms hereof shall be interpreted in accordance with these laws.

You acknowledge that Logiciels Scripta Inc. and Scripta Legal Inc. make no representation and give no warranty to anyone to the effect that the Contents and material on the Website can be used in places other than Canada while respecting the applicable legislation in such places. Logiciels Scripta Inc. and Scripta Legal Inc. advise users of the Website that it is prohibited to access the Contents and material on the Website and use the Website from any jurisdiction where the legislation would prescribe that the Contents or use of the Website is illegal. You acknowledge that Logiciels Scripta Inc., Scripta Legal Inc., their owners, shareholders, directors, officers, employees, representatives and agents disclaim all liability as for the use of the Website from another jurisdiction than Canada where its use is considered as illegal. In accessing the Website, users do so on their own initiative and they have the responsibility to comply with all the applicable laws in force in a jurisdiction other than Canada.

In accessing the Website or using it, you agree that the laws of the Province of Quebec and the laws of Canada applicable there, regardless of any principles of conflicts of law, govern the Terms of Use set forth herein as well as any legal disputes that may arise between you and Logiciels Scripta Inc. and/or Scripta Legal Inc. and their related corporations and/or the Website. You agree that all disputes, actions and claims with regard to the Website and the elements contained therein or related to the Website or arising out of the use of the Website, are governed by the laws of the Province of Quebec and the laws of Canada applicable there and must be subject to the exclusive jurisdiction of the courts of the Province of Quebec.

Change in ownership of the Website

In case of acquisition or merger of Logiciels Scripta Inc. which is the owner of the Website, any such transaction will be subject to the applicable rules of any legislation in force and in such a case, Logiciels Scripta Inc. reserves the right to transfer any personal information or confidential information that Scripta Legal Inc. will have collected from users of the Website as part of such acquisition or merger. Should there be such acquisition or merger, Logiciels Scripta Inc. is committed to request that the new merged entity or purchaser, as applicable, complies with the privacy policy of Scripta Legal Inc. concerning your personal information. If your personal information shall be collected, used, transmitted or stored for any other purpose that is not currently provided for in these Terms of Use, Logiciels Scripta Inc. and Scripta Legal Inc. are committed to keep you informed about the processing that will be made of your personal information for these new purposes.

Other provisions

The terms and conditions mentioned herein constitute the entire agreement between Scripta Legal Inc., the Website and its users about the use of the Website. Failure by Scripta Legal Inc. and the Website to require strict compliance with any provision of these Terms of Use cannot be interpreted as a waiver on their part as to the rights provided therein. The fact that a provision contained herein is declared to be void, invalid or otherwise unenforceable by a court of competent jurisdiction shall not affect the validity of the remaining provisions hereof.

Changes to the Website and the Terms of Use

Scripta Legal Inc. reserves the right to make, at any time and without prior notice, modifications and updates to the Website, to the policies and Terms of Use set forth herein. Any such modification or revision shall enter into force once it has been posted on the Website. Your use of the Website will be governed by the version of the Terms of Use posted on the Website at the time of such use. Also, any personal information collected through the Website before any such modification or revision, will become subject to the new Terms of Use. Therefore, you are advised to read the Terms of Use before using the Website.

If you continue to use the Website following the posting of such modification or revision, it will constitute your acceptance of such modification or revision. If you do not agree to be bound by a modification or revision of the Terms of Use of Scripta Legal Inc., you can no longer use the Website and you must immediately stop using it. If any provision of these Terms of Use which will have been modified or revised, is considered to be invalid, void or for any other reason unenforceable, such provision shall then be deemed severable and will not affect the validity and enforceability of the other provisions contained herein.