Brian Cahill Legal™ Services

WEBSITE TERMS OF USE, SERVICE & DISCLAIMERS

Updated on AUGUST 17, 2024

1. INTRODUCTION

Brian Cahill Legal™ (“BCL”, “I”, “me”, “myself”) is a "GOLD RING LOGO" trademark and SOLE PROPRIETOR legal firm owned and operated by brian shawn cahill, A LICENSED PARALEGAL AND A DULY AUTHORIZED FINANCIAL PLANNER And access to my website is subject to the Terms of Use (“Terms”) set below and the privacy policy that follows (“Privacy Policy”). Kovia lovell is a licensed paralegal affiliated with brian shawn cahill.

Please read my terms of use, service and disclaimers carefully, as your continued use of my service indicates your agreement to this document. The Terms and Privacy Policy are subject to change without notice. Revisit this website to check for updates. By using this website, you are agreeing to the most recent Terms and Privacy Policy. Please discontinue using this website if you do not agree with the Terms and Privacy Policy.

2. DEFINITIONS

Throughout this Agreement, I may use certain words or phrases, and it is important that you understand the meaning of them. This list is not finite, and my definitions should not be considered binding to the point that it renders this Agreement unreasonable:

“Agreement” refers to these TERMS OF USE, SERVICE & DISCLAIMERS;

“BCL” refers to my business, known as Brian Cahill Legal™; Brian Shawn Cahill, my Site; my ServiceS; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Service” refers to the services that I provide through my Site, including my Site itself;

“Site” refers to my website found under www.shawncahill.ca and https://investorprotection.ca;

“User” refers to anyone who uses my Service, including general visitors to my Site;

“You” refers to you, the person who is entering into this Agreement with BCL.

3. LEGAL SERVICES BCL OFFERS

Brian Cahill Legal™ is a legal firm with A P1 licensee in good standing with the Law Society of Ontario. My firm provides various legal services within THE authorized scope practice OF A LICENSED PARALEGAL AND in accordance with the Law Society Act, RSO 1990, c L.8, and all by-laws made under this Act. ALL LEGAL ADVICE AND SERVICES ARE PROVIDED FOR A PRE-DETERMINED FEE AND IN ACCORDANCE WITH A DULY EXECUTED WRITTEN CONTRACT. FINANCIAL PLANNING ADVICE IS ALSO PROVIDED FOR A PRE-DETERMINED FEE AND IN ACCORDANCE WITH A DULY EXECUTED WRITTEN CONTRACT. ANY PRIOR CONVERSATIONS WHETHER BY TELEPHONE, ELECTRONIC WRITTEN TRANSMISSION OR FACE TO FACE MEETINGS CAN NOT BE CONSTRUED AS PROFESSIONAL ADVICE. IF YOU HAVE NOT AGREED TO A PRE-DETERMINED FEE AND ARE NOT IN POSSESSION OF A DULY EXECUTED WRITTEN CONTRACT, YOU HAVE NOT RECEIVED PROFESSIONAL ADVICE FROM BRIAN SHAWN CAHILL.

4. ELIGIBILITY

To use my Service, you must meet several conditions, including but not limited to:

i. You must not be in violation of any embargoes, export controls, sanctions, or other laws of Canada or other countries having jurisdiction over this Agreement, BCL, or yourself. For example, if the Special Economic Measures Act, prohibits BCL from conducting transactions with you, you must not use my Service.

ii. You must have the legal capacity to enter into a contract, including this Agreement, in the area in which you reside.

iii. You must provide me with personal information and other information that I deem necessary PRIOR to providING you with ANY OF my ServiceS.

5. CONFORMANCE WITH LAW – RULES OF USE

You agree that in accessing or using this Site you will not knowingly violate any applicable local, provincial, national or international law, including without limitation, any regulations having the force of law. You also agree not to impersonate another person in your use of the Site or in ANY communications with BCL.

To provide further clarity, you shall not:

i. Violate the laws of Canada, the Province of Ontario, or any foreign political entity having jurisdiction over this Agreement, whether the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.

ii. Send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of BCL.

iii. Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.

iv. Strike by phishing, brute-force attacks, malware, SQL injections, cross-site scripting, man-in-the-middle attacks, and DDoS attacks of the BCL Site, Service, or its users’ computers.

v. Do anything else which could bring BCL into disrepute or violate the rights of any person.

6. MY INTELLECTUAL PROPERTY

You agree not to copy, sell, distribute, display, disseminate, or otherwise reproduce any of the information on my Site, including trademarks, LOGOS, copyright OR ANY OTHER OF MY INTELLECTUAL PROPERTY without receiving prior written permission directly from BCL.

“BCL” and “Brian Cahill Legal™” are phrases used by BCL, to uniquely identify my Site, Service, and business. You agree not to use these phrases anywhere without my prior written consent. Additionally, you agree not to use BCL’s trade logos, or copy the look and feel of my Site or its design, without my prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.

7. REVOCATION OF CONSENT

I may revoke my consent for your use of MY Service, or any other permission granted to you under this Agreement, at any time.

8. INTELLECTUAL PROPERTY INFRINGEMENT

I take intellectual property ("IP") infringement very seriously. If you believe that your copyright or trademark has been infringed by my Service, please send me a message which contains:

i. Your name.

ii. The name of the party whose rights have been infringed, if different from your name.

iii. The name and description of the work or mark OR OTHER IP that is being infringed.

iv. The location on my website of the infringing copy or mark.

v. A statement that you have a good faith belief that use of the intellectual property described above is not authorized by the owner of the intellectual property (or by a third party who is legally entitled to do so on behalf of the owner of the intellectual property) and is not otherwise permitted by law.

vi. You may sign and date this notification and email it to BCL at brian@shawncahill.ca.

9. CHOICE OF LAW

This Agreement shall be governed by the laws in force in the Province of Ontario, Canada. Any offer and acceptance of this contract are deemed to have occurred in the Province of Ontario, Canada.

10. FORUM OF DISPUTE

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Province of Ontario, Canada.

If you bring a dispute in a manner other than in accordance with this section, you agree that I may move to have it dismissed, and that you will be responsible for my reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

11. NO RELATIONSHIP

Using this Site or sending a message to BCL does not create a relationship with BCL or create a paralegal-client relationship with me. ALL RELATIONSHIPS WILL BE CONFIRMED IN WRITING DIRECTLY BY BCL.

You agree that information submitted to me via my Site is not subject to ANY paralegal-client confidentiality or any other such privileges. You should not provide any information to BCL unless and until BCL is able to conduct a check confirming that no conflict of interest exists between BCL, its current and/or prior clients, and you. Should you fail to comply with this provision and BCL owes a duty to a party opposed in interest to you or has interests opposed to yours, information that you provide me may be used against you.

You agree that you MAY submit information via my Site if you are already a client of BCL. contactING me directly by THE e-mail or telephone NUMBER, ONCE YOU ARE A CLIENT IS PREFERRED.

You agree that your submission of information through my Site does not create a paralegal-client relationship or impose any duty upon BCL to act on your behalf, unless BCL expressly undertakes to do so. Unless otherwise stated directly by Brian Shawn Cahill, BCL is not engaged as your legal representative and does not act to preserve or defend your interests.

12. FORCE MAJEURE

You agree that I am not responsible to you for anything that I may otherwise be responsible for, if it is the result of events beyond my control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, ILLNESS, or any other event beyond my control.

13. SEVERABILITY

If a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, this Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other’s operation, BCL shall have the sole right to elect which provision remains in force.

14. NON-WAIVER

BCL reserves all rights afforded to me under this Agreement as well as under the provisions of any applicable law. My non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as my waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

15. AMENDMENTS

I may amend this Agreement from time to time. When I amend this Agreement, I will update this page accordingly. You must read this page each time that you access my Service, and your continued use of my Service shall constitute your acceptance of any such amendments.

16. COMPLAINTS

Brian Cahill Legal™ is governed by the Paralegal Rules of Conduct, as published by the Law Society of Ontario and amended from time to time. Should you wish to complain about the conduct of Brian Cahill Legal™ or Brian Shawn Cahill or any non-licensed staff, you may find out more about the complaints process by visiting www.lso.ca.

17. DISCLAIMERS

This Site does not provide legal or professional advice. If you think you require legal advice, you should retain A competent legal REPRESENTATIVE to advise you. If you have any questions regarding availability of myself to act on your behalf, please speak to me directly or by selecting the “Contact” link on my Site.

The contents and links on this Site are posted for general informational purposes only. Any articles, biographical information, news postings, blogs, vlogs, links and other information published on the Site are current solely as of their date of publication and may not address changes to the law or facts applicable to your circumstances, and therefore, you agree not to rely on them as legal advice. The contents and links posted on the Site do not necessarily represent the opinions of myself and should not be taken as specific legal advice.

Brian Cahill Legal™ recognizes the importance of privacy and the sensitivity of personal information. I have a professional obligation to keep confidential all information that I receive within our relationship. I am committed to protecting any personal information that I hold. This privacy policy outlines how I protect the personal information of all clients and other individuals.

1. PIPEDA AND YOUR PRIVACY RIGHTS

All businesses engaged in commercial activities must comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and the Canadian Standards Association model code for the protection of personal information, which incorporates these obligations. PIPEDA gives you rights concerning the privacy of your personal information and I am responsible for the personal information that I collect and hold. To ensure this accountability, I have developed this policy and train any support staff to implement my policies and practices.

2. WHY DOES BCL COLLECT PERSONAL INFORMATION?

I collect, use, and disclose personal information about my clients and other individuals to provide my clients with legal services.

3. WHAT INFORMATION DOES BCL COLLECT?

Personal information is any information that identifies you or by which your identity could be deduced. The types of personal information that I may collect about you include your name, home address, telephone number, personal e-mail, and any other information about YOUR issues and other information incidental to providing my legal services.

4. HOW DOES BCL COLLECT YOUR PERSONAL INFORMATION?

I collect information only by lawful and fair means and not in an unreasonably intrusive way. Wherever possible, I collect your personal information directly from you, at the start of our engagement and while providing my legal services. Sometimes I may obtain information about you from other sources. For example, from an insurance company, a realtor, a government agency or registry, your employer, your accountant, a financial planner, insurance agent, investment advisor, medical advisors, financial institutions OR Other documents that are provided to me during my work, that BCL would be otherwise entitled to receive.

5. CONSENT

In most cases, I will ask you to specifically consent if I collect, use, or disclose your personal information. Normally I ask for your consent in writing, but in some circumstances, I may accept your oral consent. Sometimes your consent may be implied through your contact with me.

6. USE OF YOUR INFORMATION

BCL uses your personal information to provide legal services to you, to administer my client time and billing databases, and to include you in any direct marketing activities. If you tell us that you no longer wish to receive information about my services or about new developments in legal services, I will not send any further material.

7. DISCLOSURE OF YOUR PERSONAL INFORMATION

Under certain circumstances I may disclose your personal information.

For example, when you have consented to the disclosure, when the legal services I am providing to you requires me to give your information to third parties, for example, the Canada Custom and Revenue Agency (“CCRA”), your consent will be implied unless you tell ME otherwise, where it is necessary to establish or collect fees, if I engage a third party to provide administrative services to BCL, such as service agents, document management agencies, computer backup services, or archival file storage and the third party is bound by MY privacy policy, if I engage expert witnesses OR OBTAIN EXPERT OPINIONS on your behalf, if I need to retain a lawyer, including in any other jurisdictions, on your behalf, if I AM required or authorized by law to do so, if I retain experts to assist in dealing with YOUR CASE.

8. UPDATING YOUR INFORMATION

Since I use your personal information to provide legal services to you, it is important that the information be accurate and up to date. If during our engagement, any of your information changes, please inform me so that I can make any necessary changes.

9. IS MY PERSONAL INFORMATION SECURE?

BCL takes all reasonable steps and precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification, or disclosure. Among the steps taken to protect your information are premises security, restricted file access to personal information, technological safeguards such as security software and firewalls to prevent hacking or unauthorized computer access, internal passwords, and security policies and proper training of all staff in respect to privacy matters. Access to your personal information is subject to certain exceptions. You may ask for access to any personal information I hold about you. Summary information is available upon request, and more detailed requests which require archive or other retrieval costs may be subject to MY normal professional and disbursement fees.

10. CORRECTING ERRORS

If BCL holds information about you and you establish and advise me that it is not accurate, complete, and up to date, I will take all reasonable steps to amend my records.

11. CREDIT BUREAUS

To help me make credit decisions about clients, prevent fraud, check the identity of new clients, and prevent money laundering, I may on occasion request information about you from the files of consumer reporting agencies.

12. EMPLOYMENT INQUIRIES

If you apply to me for a job, I need to consider your personal information supplied with your application as part of my review process. I may retain information from candidates after a decision has been made, unless you ask me not to retain the information. If I offer you a job which you accept, the information will be retained in accordance with our privacy procedures for employee records.

13. WEBSITE AND SOCIAL MEDIA PAGES

This Site and any social media pages may contain links to other sites which are not governed by this privacy policy. On my Site and social media pages, like most other commercial sites, traffic patterns MAY BE MONITORED, site usage, and related site information to optimize MY web services. I may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.

14. COMMUNICATING WITH ME

You should be aware that e-mail is not a 100% secured medium for communication, and you should be aware of this and use at your own risk, when contacting me to send personal or confidential information.

15. CHANGES TO THIS PRIVACY POLICY

Since I regularly review my policies and procedures, I may change my policy from time to time. These changes will be posted on my Site.

16. REQUESTS FOR ACCESS

If you have any questions or wish to access your personal information on file with me, please ask me directly at 647-692-6791. If you are not satisfied with my response, you can contact Office of the Privacy Commissioner of Canada at 30 Victoria St., Gatineau, QC K1A1H3 or by telephone 1-800-282-1376, TTY: 819-994-6591.

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