Her Legal Global Terms of Use

Her Legal Global Terms of Use and Her Legal Global Privacy Policy, Enforceable Legal Agreements. Last Updated: October 25, 2020

The Legal Documents from Mighty Networks are part of these Terms

Her Legal Global service is providing an online community for members to connect with each other, message one another, share and exchange information and content.

Her Legal Global service is hosted on Mighty Networks, a software provider based in California. Mighty Networks provides a platform for Hosts to create and manage online communities. Her Legal Global is a Host to an online community on the Mighty Networks platform. It would not be possible to create a software platform and provide the level of functionality provided by Mighty Networks at the present membership cost of Her Legal Global. By using Mighty Networks, Her Legal Global is able to provide a fully functional membership site without software development costs.

There are parts of our service that are provided by and controlled by Mighty Networks; we do not control Mighty Network software, their use of it or the information they collect or store. We do not control any aspect of Mighty Networks. When you signed up to Her Legal Global you agreed to be bound by the Mighty Network legal documents including: Mighty Networks Terms of Use, Privacy Policy, Acceptable Use Policy, Copyright Policy, Trademark Policy, Cookie Policy, GDPR Summary, EU Data Processing Addendum and California Privacy Notice collectively called the "Mighty Network Policies and Terms of Use”. Your content remains yours and you retain complete ownership of all content. By agreeing to the Mighty Networks Policies and Terms of Use, you give permission to Mighty Networks to run their network such that your content shows up. If you have any questions about the legal documents from Mighty Networks, please contact Mighty Networks using the request form here. You are solely responsible for, and have an affirmative duty, as part of the consideration for permission to access the Site, to keep yourself informed of any changes to the Mighty Networks Policies and Terms of Use.

Her Legal Global Terms of Use (“Terms”) and Her Legal Global Privacy Policy (“Policy”) govern all use of Her Legal Global sites including HerLegalGlobal.com, members.HerLegalGlobal and her-legal-global.mn.co and any domains on herlegalglobal.lpages.co (together the “Site”). We may in future add additional domains or subdomains to the Site, all of which will be included as parties to the Terms and Policy under the definition of Her Legal Global known collectively as the “Site”.

You will be notified of the addition of any new domains or subdomains and your continued use of the Site after being notified constitutes acceptance of these domains and subdomains as party to the Terms included under the definition of Site. The changes will be effective after we send you notice of the amended Terms and or Policy. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Site, or other manner.

If you have any questions about these Terms and Policy, please address them to Herlegalglobal [at] gmail.com. 

Parties to the Terms and Policy

In these Terms, the word “Site” includes Her Legal Global, its owner(s), operators, contributors, suppliers, licensors, domain, subdomains, services, and includes any other related parties will be referred to as “Her Legal Global” we,” “us,” or “our” in these Terms and are parties to the Terms and Policy.

Visitors, viewers, users, subscribers, contributors, members, affiliates, and/or customers of this Site, collectively referred to herein as "you", User” or “Users”, are parties to Terms and Policy and this includes any website who links to any domain or subdomain of Her Legal Global.

User represents and warrants that:

  • User will use the Services only as provided in the Terms and Policies;
  • User is at least the age of majority in the state or country where you live and has all rights, authority, and capacity to agree to these Terms and Policies;
  • User will provide accurate, complete, and current information to the Site;
  • User will notify the Site regarding any material change to information User provides, either by updating and correcting the information, or by alerting the Site and its owner(s) via the functions of the Site or the email address Herlegalglobal [at] gmail.com

Acceptance of these Terms and Policy

The Site is available for your use conditional on your acceptance of the Terms and Policy. By using the Site and/or by clicking anywhere on this Site to agree to the Terms and Policy, you are deemed to be a “User” for purposes of the Terms and Policy. Users are bound by these Terms and Policy. Users agree to the Terms and Policy by using the Site. If any User does not agree to the Terms and Policy such User may not access the Site. If you do not wish to be bound by these Terms or Policy, then please do not use the Site.

Changes to the Terms and Policy

The Site may make changes to the Terms or Policy at any time. Changes to the Terms and Policy include but are not limited to adding, removing, modifying or changing any part of the Terms or Policy. The changes will be effective after we send you notice of the amended Terms and or Policy. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Site, or other manner.

If you find that a modification has made to the Terms or Policy that is unacceptable to you, please discontinue using the Site. If you continue to use the Site after changes to the Terms or Policy, it means you accept the changes. If you do not agree to any of these changes, do not use, access or continue to use the service. Your only recourse is to discontinue use of the service.

Changes to the Site and the Services

The owners and contributors to the Site will work to improve the Site for our Users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms at any time and without notice. Neither your use of the Site nor of the Terms or Policy give you any right, title, or protectable legal interest in the Site or its content other than the content you own and generate. Your content is all material that you upload, publish or display which you have the legal authority to do so but does not include Data as defined by Mighty Networks Terms of Use which it collects and stores in order to provide its service. 

Acceptable Use Policy

Mighty Network Policies and Terms of Use includes an Acceptable Use Policy. The terms of the Acceptable Use Policy are part of these Terms and Policy. The Site reserves the right to investigate and take appropriate legal action against anyone who, in the Site’s sole discretion, violates any provision of the Acceptable Use Policy, including without limitation removing the offending content from the Site, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities.

Intellectual Property 

The Site grants User a revocable, non-transferable, and non-exclusive license to use the Site solely in connection with the Site, under these Terms and Policy.

The names, slogans and logos used by the Site, and all other trademarks, service marks, and trade names used in connection with the services are owned by the Site or its licensors and may not be used by User without express written consent of the rights owners. We retain all right, title, and interest in and to our content, our materials and our data. Use of the Site does not in itself give any User any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms or Policy. Except as expressly provided in the Terms or Policy, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit our content, our materials, and our data without our express written permission.

We specifically bring to your attention that User is legally obligated to avoid intellectual property infringement. If you infringe intellectual property rights of others, we reserve the right to remove the content and suspend and or terminate your account immediately and at our sole discretion. User is solely legally responsible for any intellectual property infringement and we deny any and all liability for the actions of User.

User is solely responsible to pay any royalties, fees, damages and any other monies owed to any person or entity by reason of any of your content and solely liable for any infringement of intellectual property rights.

The Site contains access to third-party content and other interactions over which we have no control. We assume no responsibility for, nor do we endorse, screen, or approve the content, offerings, or materials made available to you within the Site or the conduct of parties who participate in the Site.

Mighty Network Policies and Terms of Use includes a Mighty Networks Trademark Policy. The Mighty Networks Trademark Policy is part of these Terms as it applies to Intellectual Property in the United States of America. A copy of Mighty Networks Copyright Policy is found here.

If you believe you have experienced trademark infringement in Canada

If you believe that you have experienced trademark infringement in Canada, send us the claimant’s name and address, phone number and email contact b) identify the work or other subject-matter to which the claimed infringement relates; c) state the claimant’s interest or right with respect to the trademark in the work or other subject-matter; d) specify the location data for the electronic location to which the claimed infringement relates;  e) specify the infringement that is claimed; f) specify the date and time of the commission of the claimed infringement.

Provide verification that all of the information in your report of infringement is accurate; that you have a good faith belief that the use of the intellectual property, described, in the manner you have complained about, is not authorized by the rights owners, its agent or the law; and that you are the owner, or authorized to act on behalf of the owner, of an exclusive intellectual property that allegedly is infringed. Please send the notice to Herlegalglobal [at] gmail.com.

Copyright of Material on Her Legal Global

Copyright in all content and works of authorship in the Site are the property of the Site or its licensors unless it is User generated content. All material that User is the copyright holder or has express written permission to use and upload, publish or display to others via the Site is User’s Content.

Apart from links which lead to the Site, accurately attributed social media references, and de minimus text excerpts with links returning to the Site, no information provided by either the Site or Users shall be copied, transmitted, transcribed, reproduced, stored or translated without explicit and detailed, written permission from the Site’s owner, if it is Site content or the User, if it is User content. Content expressly provided for download by the content’s author may be downloaded for personal use, for example, the PDFs in the Her Legal Podcast articles.  

User shall not sublicense or otherwise transfer any rights or access to the Site or related Services to any other person. 

Copyright infringement is governed by the Digital Millennium Copyright Act of 1998 (“DMCA”) in the United States of America and by the Copyright Act, RSC 1985, C. C-42, in Canada . Mighty Network Policies and Terms of Use includes a Mighty Networks Copyright Policy. The Mighty Networks Copyright Policy is part of these Terms. A copy of Mighty Networks Copyright Policy is found here.  

We specifically bring to your attention that User is legally obligated to avoid copyright infringement. If you infringe copyrights of others, we reserve the right to remove the content and suspend and or terminate your account immediately and at our sole discretion. User is solely legally responsible for any copyright infringement and we deny any and all liability for the actions of User.

User is solely responsible to pay any royalties, fees, damages and any other monies owed to any person or entity by reason of any of your content and solely liable for any infringement of copyright.

If you believe you have experienced copyright infringement in Canada

If you believe that you have experienced copyright infringement in Canada related to Canadian material, forward in writing a notice, stating a) the claimant’s name and address, phone number and email contact b) identify the work or other subject-matter to which the claimed infringement relates; c) state the claimant’s interest or right with respect to the copyright in the work or other subject-matter; d) specify the location data for the electronic location to which the claimed infringement relates;   e) specify the infringement that is claimed; f) specify the date and time of the commission of the claimed infringement. The notice of claimed infringement shall not contain a) an offer to settle the claimed infringement; b) a request or demand, made in relation to the claimed infringement, for payment or for personal information; c) a reference, including by way of hyperlink, to such an offer, request or demand.

Upon receipt of the notice that complies with the Copyright Act Obligations related to notice the Site will a) as soon as feasible forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it; and b) retain records that will allow the identity of the person to whom the electronic location belongs to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received or, if the claimant commences proceedings relating to the claimed infringement and so notifies us before the end of those six months, for one year after the day on which we receive the notice of commencement of proceedings. Please send the notice to Herlegalglobal [at] gmail.com

Links by the Site to Other Websites

The Site may include or offer third party products or services. Unless noted otherwise, all websites the Site links to are independent of the Site.

Links that are interconnected with Her Legal Global and are part of the Site are as follows: HerLegalGlobal.com, members.herlegalglobal.com, her-legal-global.mn.co and herlegalglobal.lpages.co.

The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. These third party products and any linked sites have separate and independent terms of service and privacy policies.

Links are provided for the User's convenience only. We have no control or responsibility for the content, legal terms and conditions, security and activities of these linked sites, sellers, and third parties in general, regardless of whether you first were introduced or interacted with such businesses, services, products, and people through the Site, and therefore you agree that we are not liable for any of them. We shall have no liability or responsibility for the privacy practices or other actions of any Integrated services or any other third party site or service, whether or not they are directly enabled within the Site.

Fees and Termination

User agrees to pay the applicable fees when purchasing your monthly subscription upon signing up to the Site. If Premium Services Plans are offered, additional fees will be required and you may be asked to agree to additional terms by separate agreement.

If you terminate your membership at any time or your membership is terminated for any reason, the Site does not refund any payment for your unused subscription or Premium Services Plan.

If the Site terminates your membership for failure to abide by the Community Guidelines which we may do so at any time and in our sole discretion, the Site does not refund any payment for your unused subscription or Premium Services Plan.

The Site reserves the right, solely within our own discretion, to suspend services permanently or temporarily if payments are late, and such suspension does not breach the Terms or Policy.

Disclaimer 

THE SITE MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (I) CONTENT POSTED BY ANY MEMBER, HOST, OR THIRD PARTY, (II) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (III) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE PROVIDES THE SERVICES “AS IS,” WITH ALL FAULTS. THE SITE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SITE, OR THAT ANY DATA WILL BE TRANSMITTED IN A MANNER THAT IS TIMELY, UNCORRUPTED, FREE OF INTERFERENCE, ERROR FREE OR SECURE. THE SITE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THE QUALITY OF THE SITE, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE.

THE SITE DISCLAIMS REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL, CONTRACTUAL, COMMON LAW, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT MAY ARISE FROM A COURSE OF DEALING OR USAGE OF TRADE.

The Site makes every effort to ensure that the Site’s content is complete and accurate. However, the Site does not guarantee that the information on the Site will not contain errors, inaccuracies or omissions. The Site disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on the Site. Users assume all risk relating to viewing, reading, using, or relying upon this information in any manner whatsoever. Any reliance you place on such information is therefore strictly at your own risk.

Users accept the Site disclaimer for harm caused to your computer or software from interaction with the Site or any of its contents whatsoever, and User assumes all risk of malware, viruses, worms or other corrupting factors. Users who download information from this Site do so at their own risk. The Site makes no warranty that downloads are free of corrupting computer codes, including but not limited to malware, viruses and worms.

​The Site does not make any representation that the Site content provided is applicable or appropriate for use in your location.

​Liability is Limited

​YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF DATA (REGARDLESS OF WHETHER WE HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR) OR EXPOSURE TO ANY THIRD PARTY CLAIMS BY REASON OF ANY ACT OR OMISSION. THE SITE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED WITH THE SERVICES, SITE OFFERS, OR ANY ACT BY SITE USERS. THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ANY SERVICE PROVIDED BY, OR PRODUCT OR DEVICE MANUFACTURED BY, THIRD PARTIES.

THE SITE SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED AS A RESULT OF ANY LOSS, DISCLOSURE, OR THIRD PARTY USE OF INFORMATION, REGARDLESS OF WHETHER SUCH DISCLOSURE OR USE IS WITH OR WITHOUT USER’S KNOWLEDGE OR CONSENT. THE SITE SHALL HAVE NO LIABILITY FOR ANY DAMAGES RELATED TO: USER’S ACTIONS OR FAILURES TO ACT, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY TELECOMMUNICATIONS SERVICE PROVIDER, OR EVENTS OR CAUSES BEYOND THE SITE’S REASONABLE CONTROL. EVENTS OR CAUSES BEYOND THE SITE'S REASONABLE CONTROL INCLUDE BUT ARE NOT LIMITED TO ACTS OF GOD, WAR, TERRORISM, INSURRECTION, RIOTS, CRIMINAL ACTIVITY, NATURAL DISASTERS, MATERIAL SHORTAGES, LABOR DISRUPTIONS, PANDEMICS OR STRIKES. THE SITE HAS NO OBLIGATIONS WHATEVER, AND SHALL HAVE NO LIABILITY TO, ANY THIRD PARTY WHO IS NOT A USER BOUND BY THESE TERMS. LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THESE TERMS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE SITE SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

WITHOUT LIMITING THE FOREGOING AND NOTWITHSTANDING ANY DAMAGES THAT USER MAY SUFFER FOR ANY REASON, THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.

Indemnity

If your activity or any activity on your behalf creates potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such User, partner, contributor, or any agent harmless from and against all claims, costs of defense and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Site, your conduct or interactions with Hosts or Members of the Site, or any breach by you of these Terms and Policy and if applicable, defend us against any and all claims for damages.

You also agreed to release, indemnify, and defend your Hosts and Members from all third-party claims and costs arising out or related to:  i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Hosts or Members, or iv) your breach of any part of the Terms and Policy.

Severability

The Terms and Policy supersedes all prior terms, agreements, discussions and writings regarding the Site and constitutes the entire agreement between you and us regarding the Site, except as provided for Fees and Termination section. If any provision in the Terms is found to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms and Policy, and the remainder of the Terms and Policy shall continue in full force and effect.

Disputes

If a dispute arises out of, or in connection with this Contract, the parties agree to meet to pursue resolution through negotiation or other appropriate dispute resolution process before resorting to litigation.

All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

If a dispute arises out of, or in connection with this Contract, and the parties do not resolve some or all of the dispute through negotiation, then the parties agree to attempt to resolve the dispute through mediation as follows:

Terms of Mediation

Notice:

If a dispute arises out of, or in connection with this Contract and the parties do not resolve some or all of that dispute through negotiation, then either party to the dispute may promptly submit to the other party(ies) a notice of intent to mediate. This notice shall be in writing and shall specify the issues in dispute.

Selection of Mediator:

The parties agree to jointly select a mediator. If the parties cannot agree on the choice of mediator within  days from the date of the notice of intent to mediate, then a mediator will be chosen, upon application by the parties, by the organization selected by the Site.

Location:

The mediation shall be held at Toronto,Ontario by video conferencing.

Exchange of information:

The parties agree to an exchange of all information upon which they intend to rely in any oral or written presentation during the mediation. This exchange shall be complete no later than ten (10) days prior to the date set for the mediation.

Costs:

The parties agree that they will each be responsible for the costs of their own legal counsel and personal travel. Fees and expenses of the mediator and all administrative costs of the mediation, such as the cost of the mediation room, if any, shall be borne equally by the parties.

Schedule:

The parties shall jointly select a date for the mediation that is no later than  days from the date of the notice of intent to mediate.

Confidentiality:

All information exchanged during this mediation shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the mediation.

Caucusing:

The mediator is free to caucus with the parties individually, as he sees fit to improve the chances of a mediated settlement. Any confidential information revealed to the mediator by one party during such caucusing may only be disclosed to the other party(ies) with the former party's express permission.

Prohibition against Future Assistance:

It is agreed that the mediator will neither represent nor testify on behalf of any of the parties in any subsequent legal proceeding between the parties or where they are opposed in interest. It is further agreed that the personal notes and written opinions of the mediator made in relation to this mediation are confidential and may not be used in any subsequent proceeding between the parties or where they are opposed in interest.

Termination:

Either party may terminate the mediation at any time.

Mediator's Report:

In the event that no agreement is reached, or is reached on some issues only, the mediator shall promptly provide a report to the parties stating only that no agreement was reached on some or all of the outstanding issues.

No New Steps:

During the course of the mediation, the parties agree to take no new steps in any legal proceeding between them which concerns the same matter as is the subject of this mediation.

Arbitration

The parties agree that they will each be responsible for the costs of their own legal counsel and personal travel. Fees and expenses of the mediator and all administrative costs of the mediation, such as the cost of a meeting room, if any, shall be borne equally by the parties.

If within 30 days of the appointment of the mediator, the parties do not resolve some or all of the issues in dispute, the parties shall submit those issues in dispute to binding arbitration pursuant to the Commercial Arbitration Act and Commercial Arbitration Code (R.S.C 1985, ch. 17 (2nd Supp.), as am.)

Terms of Arbitration

Notice:

The party requesting arbitration shall do so by written notice to the other party.

Commencement of the Proceedings:

The arbitral proceeding commences on the date of receipt of the notice to arbitrate the dispute.

Selection of Arbitrator(s):

The parties agree to jointly select an arbitrator. If the parties cannot agree on the choice of arbitrator within 30 days from the date of commencement of the proceedings, an arbitrator will be chosen, upon application by the parties, by the Canadian Arbitration Association.

Location:

The arbitration shall take place at Toronto, Ontario by videoconferencing .

Costs:

The parties agree that they will each be responsible for the costs of their own legal counsel and other costs incurred in preparing each party's case for arbitration. Fees and expenses of the arbitrators(s) and all the administrative costs of the arbitration, such as the cost of the hearing room, if any, shall be borne equally by the parties.

Statement of Claim:

Within 20 days of the selection of the arbitrator, the claimant shall submit a written statement of claim to the arbitrator(s) and to the other party, containing a statement of facts, issues in dispute and remedies sought.

Statement of Defence:

Within 20 days following the receipt of the statement of claim, the respondent shall submit a written statement of defence to the arbitrator(s) and to the claimant.

Hearing Date:

The parties shall jointly select a date for the hearing that is no later than 20 days from the date following the submission of the respondent's statement of defence.

Exchange of Information:

Each party shall deliver to the other party(ies) and to the arbitrator no later than 10 days prior to the date set for a hearing, a copy of all documents and other materials on which the party intends to rely during the arbitral hearing.

Arbitral Award:

The arbitrator shall make every reasonable effort consistent with article 18 of the Commercial Arbitration Code to complete the proceedings and render the award within six months of the commencement date. The arbitral award shall be in writing and include reasons for the decision.

Governing Law Clause:

The arbitrator(s) shall resolve this dispute in accordance with the laws of Ontario.

Judgment:

Judgment upon any arbitral award rendered may be entered in any court having jurisdiction thereof.

Prohibition against Future Assistance:

It is agreed that the arbitrator(s) will neither represent nor testify on behalf of any of the parties in any subsequent proceeding between the parties or where they are opposed in interest. It is further agreed that the personal notes and written opinions of the arbitrator(s) made in relation to this arbitration are confidential and may not be used in any subsequent proceeding between the parties or where they are opposed in interest.

Both parties waive the right to a jury trial in any dispute relating to the Terms, or the Site. In no case shall the User have the right to go to court or have a jury trial or the right to engage in pre-trial discovery; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

Jurisdiction, Venue, and Applicable Law

If any matter concerning the use of the Site or purchase of any product or service shall be brought before a court of law, pre- or post-arbitration, the User agrees to submit to the personal and exclusive jurisdiction of the courts in Toronto, Ontario, Canada.

Any cause of action User may have relating to the Site or the Services must be commenced within one (1) year after the claim or cause of action arises.

General

Applications and Mobile Devices

To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply and are your sole responsibility.

Electronic Communications

You consent to receive communications from us by email in accordance with the Terms, Policy and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

Interpretation

In construing or interpreting the terms of the Terms and Policy: (i) the headings in the Terms and Policy are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting the Terms and Policy.

No Assignment

You may not assign or transfer the Terms and Policy (or any of your rights or obligations under the Terms and Policy) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer the Terms and Policy. The Terms and Policy inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

Notice

No additional notice of any kind for any reason is required to be given to Users. Users expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the Site. Examples of no notice include but are not limited to correcting errors, updating content, adding content or removing content.

Relationship

The Terms do not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

Waiver

No waiver of any terms will be deemed a further or continuing waiver or such term or any other term. The failure of the Site to exercise or enforce any right or provision of these Terms and Policy shall not constitute a waiver of that right or provision.

Supersedes Other Communications

These Terms and Policy, including the incorporated the Mighty Networks Policies and Terms of Use, supersede all oral or written communications and understandings between User and the Site.

Jurisdiction Must Give Effect

Use of the Site and its Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Policy.

Rights Reserved

All rights not expressly granted in these Terms and Policy are reserved by the Site.

Contact

If you have any questions about these Terms contact us at Herlegalglobal [at] gmail.com