Terms of Use for this Website and Client Service Terms

A. Terms of Use for this Website

1. General

The terms and conditions contained in this agreement, as they may be updated or amended from time to time (the “Terms”), apply to you effective when you access or visit wahnlaw.ca or engage Eve Wahn for legal advice, and constitute our agreement regarding your access to and use from time to time of the Website and Services, as those terms are defined herein.

Please read these Terms.  By accessing or using the Website, you understand, agree, and accept and agree to adhere to them.

The term “Website” includes all web pages at wahnlaw.ca and the social media platforms that are in the name of Eve Wahn linked to wahnlaw.ca.  Each visitor and all persons accessing the Website, and/or accessing content or communications on the Website or from Eve Wahn in connection with the Services, are defined herein as “you” or the “user”.

The Website includes a description of the products and services offered by Eve Wahn, her blog, and other information, along with links to her social media platforms (all of which are referred to in these Terms as the “Services”).

Eve Wahn reserves the right to amend, change, alter or delete media, information or other material from the Website, including these Terms and the Services at any time, and the access thereto by users from time to time in her sole and complete discretion and without notice.

You understand and agree that use of this Website is at your discretion, and on an “as is” basis.

You acknowledge and agree that it is your responsibility to review these Terms for changes and amendments from time to time and that your continued use of the Website or Services constitutes your agreement to such amendments.

2. Copyright and other Intellectual Property Rights

This website uses a WordPress, Karma theme by TrueThemes, and subject to that license and unless accredited otherwise or used under creative commons license (CC0), the Website and all content is the property of Eve Wahn, and may be revised or updated at any time in the sole discretion of Eve Wahn. All Rights Are Reserved.

You acknowledge, understand and agree that all information, text, data, photographs, other media, messages and content is owned by Eve Wahn, or the person who created it.  To the extent you copy or print any information or materials including from the Website for your personal use, you agree to leave all proprietary notices intact, and shall not change or delete any notices from the information or materials.

All trademarks, service marks and trade names and logos, as applicable, of Eve Wahn or as used on this Website, are the property of Eve Wahn or a third party provider and may not be used without the prior written consent and agreement of Eve Wahn or third party provider, which consent may be unreasonably withheld or denied in the sole and absolute discretion of the owner.

3. Disclaimer, Indemnity and Limitation of Liability

The Website platforms are updated from time to time as new information, Services and other offerings, platforms, WordPress editions and security updates become available.  In accessing and using this Website, you understand and acknowledge that the internet is not a secure method for the communication of information and as such, privacy, confidentiality and security are not possible and cannot be guaranteed.  We do not guarantee the security or confidentiality of any communications made through this Website.

You acknowledge and agree that Eve Wahn is and shall not be responsible or liable for any harm or loss that you or any other person may suffer in any connection with the access to or use of this Website, or from any cyberattack or breach of security in connection with that access or use.

This Website may contain links to third party websites, information and resources.  These links are provided for convenience only and we: i) do not endorse the information contained in linked web sites or social media; ii) are not responsible for the operation, availability or content available by or through such links, websites, platforms, media, information or resources; and iii) do not guarantee their accuracy, timeliness or fitness for a particular purpose.

Information, blog posts and other material published should not be relied upon as accurate, timely or fit for any particular purpose.  The content on the Website and Services offered are provided “as is” and “as available” without warranties of any kind, including warranties of merchantability, fitness for your requirements or a particular purpose, reliability, non-infringement or accuracy.

Any content downloaded or otherwise obtained through the Website is at your own discretion and risk, and you are solely responsible for any damage to your computer and/or other devices and for any loss, of data or otherwise that may result from the download of such content.

Neither Eve Wahn nor any party involved in creating, producing, or publishing this Website is or shall be responsible or liable for any claims, losses and/or damages (“Losses”) arising out of your access to or use of the Website, including but not limited to Losses from: i) transmission of viruses or other code that may infect or affect any computer or communication equipment or devices, ii) the use of or the inability to use or the performance, purported performance or non-performance of any Services, the Website or any links to or from the Website, iii) any abuse or use by any third party of or in connection with the Website, whether or not in violation of these Terms, if advised of the possibility of such damages.

In no event shall Eve Wahn be liable for any lost profit or revenue, or any consequential, incidental, exemplary, punitive, special or indirect, aggravated or punitive damages of any kind or nature whatsoever.

You hereby agree to fully indemnify Eve Wahn, her employees, contractors and agents from and against all causes of action, claims, proceedings, and all Losses, judgements, expenses, and costs, including reasonable legal fees and costs, resulting from any breach by you of these Terms, arising from any matter outlined in this Section 3.

B. Client Service Terms

These Client Service Terms apply to your engagement of Eve Wahn as your legal counsel, and are subject to any other terms that may be agreed upon in writing between you and Eve Wahn.

1.     Scope of Our Relationship

The scope of the retainer for each matter will be confirmed in continued communications between us as work progresses.  Any expansion of the scope of the engagement requires instructions from you.

My role is to provide legal advice and services to you.  It is important that you rely on your own professionals and advisors for financial and business advice.  At no time will I advise you in respect of any tax aspects of a matter.  However if requested to do so, I will work with an outside tax lawyer or chartered accountant so that advice is provided to you.

I will accept instructions from anyone within your organization who has apparent authority in connection with the matter, unless you instruct otherwise.

2.     Conflicts

I have clients who rely upon me for general representation and others to whom I provide representation regarding a particular matter.  It is possible that an adverse relationship may exist or develop in the future between you and another client of WahnLaw.  In resolving any conflict that arises, each matter is dealt with on its facts and in accordance with my ethical obligations to each client.

In retaining me, you consent and agree that I may represent other clients (some of whom may be engaged in business activities competitive to yours) on matters that may be considered adverse to you or your interests, so long as I have not been engaged by you on the specific matter for which the other client seeks representation.  You agree that you will not assert that my representation of you constitutes a basis for disqualifying me from representing another client in any such matter.

Your confidential information is subject to solicitor and client privilege.  At no time will any of your confidential information be disclosed to or used for the benefit of any other client.

You may wish to obtain independent legal advice as to the implications of your agreement to these terms.

3.     Fees and Disbursements

Fees are generally based on the time spent on your behalf, and charged at hourly rates.  Hourly rates are adjusted periodically to reflect experience and capability as well as general economic factors.

While most services continue to be provided on an hourly rate basis, depending on the services and the nature of the client, the arrangement may consist of hourly rates, flat fees, a success fee, equity in lieu of fees, or a combination of these.  Other circumstances that may be considered in a final fee include time limitations imposed by you or by the circumstances of the matter; and whether working on the matter will preclude or limit me from rendering services to other clients.

Fees will not be affected by the failure of a transaction to be completed.

Generally accounts are issued monthly. They are due and payable on receipt. If there are any errors on invoices, in your perspective, please contact me within 30 days of receipt to discuss. Otherwise, after 30 days, invoices are considered final. If an account is not paid within 30 days, I may charge interest at an annual rate in accordance with the rules that govern the professional conduct of lawyers, from the date the account is issued until the date paid, or cease representation until the invoice is paid in full.

In addition to professional fees, accounts may include disbursements incurred on your behalf.  For larger disbursements, I may seek funds from you in advance or forward invoices to you for direct payment.

You will be responsible for payment of the fees and disbursements of other law firms retained on your behalf to provide advice and the fees and disbursements of other experts and other third-party service providers.  These fees and disbursements may be billed to you directly, or I may forward their invoices to you for direct payment by you to them.

4.     Privacy

In the course of acting for you, you may disclose (and I may collect, use and disclose) personal information that is subject to applicable privacy protection laws.  I will collect, use or disclose that personal information for the sole purpose of providing our services to you.  Please review the Privacy Policy on this website.

5.     Reporting Obligations

When engaged to act on behalf of an organization, my obligations are to that organization and not the directors, officers, employees or other agents who retain and provide instructions or to whom I may provide advice.  In accordance with the rules that govern the professional conduct of lawyers, if I have any evidence of wrong-doing by or on behalf of the organization, or any officer, director, employee or agent of the organization, I may be obligated to report this to appropriate senior officers or directors of the organization.

6.     Electronic Communications

I will communicate with you and provide documents to you through various forms of electronic communications, including email through the Internet.  You may also correspond or provide documents to me through electronic means.  Those electronic communications may contain information or documents that are confidential or privileged, unless you instruct me not to send such information or documents electronically.

There is a risk that any such electronic communications may be intercepted or interfered with by third parties or may contain computer viruses.  In addition, I employ anti-spam software which might interfere with the timely delivery of electronic communications you send.  Neither of us will be responsible to the other, nor have any liability for any actions of any third parties, with respect to electronic communications either of us might send the other, or for any delay or non-delivery, or other damage caused in connection with an electronic communication.

If you have any concerns or doubts about the authenticity or timing of any electronic communication purportedly sent by us, please contact me immediately by telephone.

7.     Termination

You may terminate the engagement for any reason by giving me written notice to that effect.  On such termination, all unpaid legal fees and disbursements become immediately due and payable, whether or not an account for them has yet been issued.

I may stop performing legal services and terminate legal representation of you for any reason in accordance with the rules that govern the professional conduct of lawyers, including for unanticipated conflicts of interest or unpaid legal fees and disbursements.

Unless our engagement has been previously terminated, representation of you will cease upon the issuance of a final account for services to you.  If, upon termination or completion of a matter, you wish to have any documentation returned to you, please advise.  Otherwise, any documentation that you have provided and the work product completed for you will be dealt with in accordance with my records retention program.  Please note that for minimization of storage expenses, I reserve the right to destroy this documentation.

After completing any particular matter, changes may occur in the applicable laws or regulations, or their interpretation, which could affect your current or future rights, obligations and liabilities.  I have no continuing obligation to advise you with respect to future legal developments, unless I am specifically engaged to do so after the completion of the matter.

Other Terms

8. Governing Law

The terms of your use of this Website and any engagement form legal services are and shall be governed exclusively by and in accordance with the laws of the Province of Ontario, Canada.  You hereby agree to submit to the jurisdiction of the courts sitting in Toronto, Ontario, Canada for the resolution of any and all disputes, and agree that you shall not assert any claim that you are not subject to the jurisdiction of such courts, or that the courts in Toronto, Ontario, Canada are an inconvenient forum, or that the venue of such proceeding is improper, or that these Terms or the subject matter of these Terms may not be enforced in or by such courts.

9.     For More Information

These are the agreed terms of service between us, subject to any other terms that we may agree in writing.  Please feel free to contact me at eve@wahnlaw.ca.


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