• CASL Acknowledgement
  • Privacy Policy
  • Terms of Use
  • User Agreement

Terms of Use

1. Your Agreement to Terms of Use. This website (this “Site”) is owned and operated by Intelligent Estate Planning Solutions Inc. d.b.a. Epilogue (“Epilogue”, “us”, “we”, “our”, or words of like meaning). This Site and the Content (as defined herein) and Services (as defined herein) are made available to you subject to your compliance with these terms and conditions of use and the terms and conditions of our Privacy Policy (collectively, these “Terms of Use”). These Terms of Use constitute a binding legal agreement between you and Epilogue. By accessing or using this Site, the Content, or any Services, you covenant and agree to be bound by, and comply with, these Terms of Use and represent and warrant to and in favour of Epilogue that you have read and understand these Terms of Use. If you do not agree to be bound by, and comply with, these Terms of Use, you are not permitted to access or use this Site or any Content or Services.

2. Modifications. Epilogue reserves the right (in its sole discretion) to amend, modify, restate, replace, or supplement these Terms of Use at any time and from time to time. You should review these Terms of Use regularly. By accessing or using this Site or any Service after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using this Site and any and all Services.

3. Content. This Site contains content provided by Epilogue and third parties, including editorial content, personal profiles, articles, publications, pictures, videos, information, events, data, and other materials (the “Content”) and access to various products and services provided by Epilogue (the “Services”).

4. Legal and other Professional Advice Not Provided. The Content does not (in whole or in part) constitute legal, accounting, tax or other professional advice. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose, without receiving advice from a lawyer, accountant, or other relevant professional, as applicable. None of the Content is, nor will any of the Content be construed as being, in any way whatsoever legal, accounting, valuation, actuarial, insurance, investment banking, financial advisory, credit analysis, or tax filing related advice or any other advice of a similar nature. No one should act, or not act, on the sole basis of the Content.

5. Currency of Content. The Content is provided for informational purposes only. The Content should not be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. To the extent that the Content is current as of the date of first publication, it may no longer be accurate as a result of the passage of time.

6. Your Content. This Site may allow you to share, upload, or provide content to this Site (“Your Content”). By uploading or providing Your Content to this Site, you represent and warrant to and in favour of Epilogue that you have all necessary rights and licences to do so. You acknowledge and agree that any of Your Content that is not personal information or other information that you are specifically required to provide for the purposes of receiving any Services (“Publicly Shareable Content”) may be made public and, by uploading or providing any Publicly Shareable Content to this Site, you automatically grant Epilogue a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and licence to use, copy, modify, display, and publish such Publicly Shareable Content in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public such Publicly Shareable Content, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that Epilogue may assign, transfer, or sub-license the above licence to any person, including its affiliates and successors, without any further approval by you. Epilogue reserves the right to remove, edit, limit, or block access to any of Your Content at any time, and it will have no obligation to display or review Your Content. You are solely responsible and liable for Your Content. You agree to not post, provide, or upload any of Your Content to this Site that:

(a) contains language or imagery that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;

(b) is obscene, pornographic, violent, or that otherwise may offend human dignity;

(c) is abusive, insulting, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;

(d) encourages any illegal activity (including terrorism) or incites racial hatred or the submission of which in itself constitutes committing a criminal offence;

(e) is defamatory or libellous;

(f) unless and only to the extent otherwise expressly provided in any other agreement between you and Epilogue, relates to commercial activities, including sales, competitions and advertising, or links to other websites or premium line telephone numbers;

(g) involves the transmission of “junk” mail or “spam”;

(h) contains any spyware, adware, viruses, corrupt files, Trojan horses, worm programs or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or contains any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from Epilogue or otherwise;

(i) itself, or the posting of which, infringes any person’s rights, including intellectual property rights and privacy rights; or

(j) shows another person if such Content was created or distributed without that person’s express consent.

7. Feedback. We welcome and encourage you to provide feedback, comments, suggestions, ideas and materials for improvements to this Site, the Content, and the Services (“Feedback”). You may submit Feedback by contacting us via email at [email protected] or via the Contact Us page of this Site or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you automatically grant Epilogue a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and license to use, copy, modify, display, and publish such Feedback for any purpose, without compensation to you, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that Epilogue may assign, transfer, or sub-license the above licence to any person, including its affiliates and successors, without any further approval by you.

8. Communications Not Confidential. Epilogue does not guarantee the confidentiality of any communications made by you via email or otherwise through this Site. Any email communications made by you via email or otherwise through this Site will be at your own risk and liability.

9. Permitted Uses. You may access and use this Site and the Content only in accordance with these Terms of Use and applicable law. Unless and only to the extent otherwise expressly provided in any other agreement between you and Epilogue, subject to these Terms of Use, Epilogue grants to you a non-exclusive, non-transferable, revocable right and licence to access and use this Site and the Content only to display on your own computer or mobile device for your own personal non-commercial use, provided that the Content is not modified or altered in any way whatsoever (“Permitted Uses”). By accessing or using this Site or any other Epilogue Property (as defined herein) or by displaying, saving, downloading, or printing a copy of any Content, you do not acquire any other right or licence to this Site or any other Epilogue Property. All rights not expressly granted by Epilogue are expressly reserved by Epilogue.

10. Linking and Social Media. This Site may, for convenience, provide links to Epilogue’s social media accounts, including Facebook, LinkedIn, Twitter, Instagram, and YouTube (“Epilogue Social Media”). You acknowledge and agree that, to the extent that you access and use Epilogue Social Media:

(a) any and all references in these Terms of Use to this Site will refer to and include Epilogue Social Media;

(b) your access to, and use of, Epilogue Social Media is governed by these Terms of Use and the terms and conditions of the applicable third-party provider thereof (each, a “Third-Party Provider”);

(c) in the event of a conflict or inconsistency between these Terms of Use and the terms and conditions of a Third-Party Provider with respect to your access and use of Epilogue Social Media, the terms and conditions of such Third-Party Provider may govern to the extent necessary to resolve such conflict or inconsistency;

(d) Epilogue Social Media may contain content of third parties that may not be subject to the control of Epilogue; and

(e) if you choose to access any Epilogue Social Media, you do so entirely at your own risk and liability.

11.          Linking and Third-Party Sites. This Site may, for convenience, provide links to websites or applications of other parties (each, a “Third-Party Site”). You acknowledge and agree that:

(a) the content of Third-Party Sites is not provided by nor under the control of Epilogue;

(b) Epilogue does not endorse or republish any content of any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon;

(c) where you provide a link to this Site from another website, Epilogue reserves the right to require you to disable such link; and

(d) if you choose to access a Third-Party Site, you do so entirely at your own risk and liability.

12. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of Epilogue, including EPILOGUE™, and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Epilogue are trade-marks of Epilogue and/or its affiliates (the “Epilogue Marks”). Other trademarks, service marks, graphics, and logos used in connection with Epilogue Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including Epilogue Marks, or any use thereof.

13. Epilogue Property.

(a) “Epilogue Property” means this Site and any and all related: (i) Content, Services, and Epilogue Marks; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) editorial content, text, data, and other literary works (iv) musical works, performances, and other sounds; (v) videos and all audio-visual works; (vi) selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vii) software, including scripts and program code that may execute on this Site’s servers or that may be embedded or downloadable from individual web pages on this Site; (viii) the look and feel, architecture, interface, templates, layout, and web pages of this Site; and (ix) intellectual property rights in any of the foregoing.

(b) You acknowledge and agree that all Epilogue Property is protected by copyright and owned by, or licensed to, Epilogue and contains proprietary information and material that owned by Epilogue or its affiliates or their respective licensors, and is protected by applicable law, including copyright law. Any and all copyrights in and to any Epilogue Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Epilogue and its affiliates and/or their respective licensors, who in each case reserve all their rights in law and equity.

(c) The use of any software or any part of Epilogue Property, except as expressly permitted pursuant to these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of Epilogue and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement.

(d) Notwithstanding any other provision of these Terms of Use, Epilogue and its licensors reserve the right to change, suspend, remove, or disable access to any Epilogue Property at any time without notice. You acknowledge and agree that, in no event will Epilogue be liable for making any such changes. Epilogue may also impose limits on the use of or access to certain features or portions of Epilogue Property, in any case and without notice or liability.

(e) To seek permission in respect of any activity involving Epilogue Property that is not expressly permitted by these Terms of Use, please contact us via email at [email protected] or via the Contact Us page of this Site.

14. Prohibited Activities. You may not access this Site or any other Epilogue Property in any way or for any purpose that is unlawful or that contravenes these Terms of Use. Unless and only to the extent otherwise expressly permitted in any other agreement between you and Epilogue, you will not access or use any Epilogue Property for any purpose that is outside the scope of the Permitted Uses or that violates the rights of Epilogue, any Epilogue personnel, or any other person. Without limiting the foregoing, unless and only to the extent otherwise expressly permitted in any other agreement between you and Epilogue, you will not, directly or indirectly, on your own or with any other person, in any manner whatsoever:

(a) exploit any Epilogue Property (in whole or in part), including by trespass or burdening network capacity;

(b) reproduce any Epilogue Property (in whole or in part) in any form or by any means;

(c) make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any Epilogue Property (in whole or in part);

(d) create derivative works of, modify, translate, select, arrange, merge, compile, or otherwise combine with other data or other content or frame from or on another website any Epilogue Property (in whole or in part);

(e) scrape, whether by way of screen scraping or database scraping, any Epilogue Property (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Epilogue Property (in whole or in part), whether by an automatic program or a manual process;

(f) sell, licence, sublicence, transfer, rent, lease, loan, or engage in any other commercial transaction relating to any Epilogue Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;

(g) decompile, disassemble, reverse engineer, or otherwise exploit any Epilogue Property (in whole or in part), its architecture or the underlying software or code; or

(h) engage in any activity that is outside the scope of activity permitted by these Terms of Use.

15. Privacy. For information about how Epilogue collects, uses, and shares your personal information, please review our Privacy Policy.

16. Cookies.

(a) Epilogue understands that your privacy is important to you and is committed to being transparent about the technologies it uses.

(b) Epilogue uses cookies, web beacons, pixels, clear gifs, and other similar tracking technologies (“Cookies”), which may be stored on or accessed from your device when you use or visit this Site or any website or app that posts a link to this Site. A cookie is a small text file that can be stored on and accessed from your device when you visit this Site. Other tracking technologies work similarly to cookies and place small data files on your devices or monitor your website activity to enable Epilogue to collect information about how you use this Site. The use of Cookies on this Site enables us to create a more customized experience for you. It allows this Site to recognize your device as distinct from those of other users. Login Cookies eliminate the need for you to re-enter your username and password each time you return to this Site. By continuing to access and use this Site, you agree that Epilogue can store and access Cookies.

(c) You may refuse to accept Cookies by activating or adjusting the appropriate setting of your Internet browser to reject the setting of all or some Cookies or alert you when a Cookie is placed on your device. However, if you refuse to accept Cookies or use your browser settings to block all Cookies, you may be unable to access or use this Site or functionalities of this Site (in whole or part). If you want to remove previously stored Cookies, you can manually delete these Cookies at any time. However, this will not prevent this Site from placing further Cookies on your device unless you adjust your Internet browser setting so that it will refuse Cookies. Unless you have adjusted your browser setting so that it will refuse Cookies, this Site will issue Cookies when you direct your browser to this Site. The data collected by this Site or through Cookies that may be placed on your computer will not be kept for longer than is necessary to fulfil the purposes set out in these Terms of Use.

(d) Epilogue uses Cookies to identify you and your interests, to remember your preferences, and to track your use of this Site. Epilogue also uses Cookies to control access to certain content on this Site, protect this Site, and process any requests that you make of Epilogue or other users.

(e) To administer this Site and for research purposes, Epilogue may also contract with third-party service providers to track and analyze statistical usage and volume information from the users of this Site. These third-party service providers may use persistent Cookies to help us improve the user experience on this Site, manage the Content and Your Content, and analyze how users navigate and utilize this Site. Epilogue may contract with third-party service providers to send emails to users who have provided Epilogue with their contact information. To help measure and improve the effectiveness of Epilogue email communications, or to determine whether messages have been opened and links clicked on, the third-party service providers may place Cookies on the devices of these users.

(f) Epilogue may use persistent Cookies to improve your experience of using this Site. This includes recording your acceptance of our Cookie policy to remove the Cookie message which first appears when you use this Site. Session Cookies are temporary and deleted from your machine when your web browser closes. Epilogue uses session Cookies to help us track Internet usage.

(g) The following types of Cookies may be used from time to time in connection with this Site for the following purposes:

  • Necessary

    . These Cookies are necessary to allow us to operate this Site and access this Site in the manner you requested. These Cookies enable us to secure this Site and this Site to recognize you and remember your previous actions within the same browsing session.

  • Analytical

    . These Cookies are used by this Site or third-party service providers to analyze the usage and performance of this Site, including tracking what pages are most frequently visited, and from what locations our visitors enter this Site. If you subscribe to a newsletter or otherwise register with this Site, these Cookies may be correlated to you.

  • Functional

    . These Cookies let us operate this Site in accordance with the choices you make and enable this Site to remember you in-between visits, recognize your username, and remember how you customized this Site or any related services.

  • Third-party advertising

    . These Cookies collect information about your activities on this Site and third-party websites to provide you targeted advertising. We may also allow our third-party service providers to use Cookies on this Site for the purposes identified in these Terms of Use, including collecting information about your online activities over time and across different websites.

(h) If you have any questions regarding this Cookie policy, please contact us via email at [email protected] or via the Contact Us page of this Site.

17. DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT: (A) THIS SITE AND ANY AND ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER; (B) ACCESS TO, AND USE OF, THIS SITE OR ANY CONTENT OR SERVICES IS ENTIRELY AT YOUR OWN RISK AND LIABILITY; (C) TO THE FULLEST EXTENT PERMITTED BY LAW, EPILOGUE DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL LIABILITY WITH RESPECT TO THIS SITE AND THE CONTENT AND ALL SERVICES, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR THE CONTENT OR ANY SERVICE WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE; (D) EPILOGUE WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THIS SITE OR ANY CONTENT OR SERVICES; (E) EPILOGUE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS SITE OR ANY CONTENT OR SERVICES IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS; (F) EPILOGUE WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS SITE OR ANY CONTENT OR SERVICES; AND (G) EPILOGUE WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND EPILOGUE ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THIS SITE OR ANY OTHER WEBSITE, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY MATERIALS CONSISTENT WITH THIS AGREEMENT OR USE OF THIS SITE.

18. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage this Site or any other website or links or to undermine the legitimate operation of this Site or any Content or Services may be a violation of criminal and/or civil laws and should such an attempt be made, Epilogue reserves the right to seek damages from you to the fullest extent permitted by law.

19. Indemnity. You agree to indemnify, defend, and hold Epilogue and its affiliates and their respective directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives harmless from and against any and all actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:

(a) any breach by you or on your behalf of these Terms of Use or any of your obligations pursuant to or in connection with these Terms of Use;

(b) Your Content;

(c) any loss of, damage to, or destruction of Epilogue Property or the property of any other person;

(d) personal injury (including death) in connection with this Site, the Content, or Services to the extent caused by you; or

(e) your negligence or criminal, willful or intentional misconduct.

20. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EPILOGUE OR ANY EPILOGUE PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT EPILOGUE OR ANY EPILOGUE PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR ANY CONTENT OR SERVICES.

21. Injunctive and Equitable Relief. You acknowledge and agree that:

(a) your compliance with your obligations pursuant to these Terms of Use is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of Epilogue and its affiliates and third parties;

(b) your breach of any such obligations will give rise to irreparable harm or injury to Epilogue that will not be adequately compensable with monetary damages;

(c) Epilogue may, in addition to any other remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and

(d) notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.

22. Entire Agreement. Except to the extent specifically provided for otherwise in any prior or subsequent agreement, document, or instrument entered into between you and Epilogue (a “Complimentary Agreement”), these Terms of Use, together with our Privacy Policy, shall form part of such Complimentary Agreement and shall collectively constitute the entire agreement between Epilogue and you pertaining to the subject matter thereof and supersede all other communications, proposals, agreements, or understandings, whether electronic, oral, or written, between you and Epilogue with respect to this Site or any Content or Services or Epilogue Property.

23. Headings. The division of these Terms of Use into Articles and Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “these Terms of Use”, “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Article, Section or other portion of these Terms of Use and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Articles and Sections are to Articles and Sections of these Terms of Use.

24. Extended Meanings. In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.

25. Statute References. Any reference in these Terms of Use to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.

26. Assignment. Neither these Terms of Use nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of Epilogue. Epilogue may without restriction assign, transfer, or delegate these Terms of Use and any rights and obligations hereunder, at its sole discretion, to any person without notice to you.

27. Waiver. The waiver by Epilogue of a breach or default of any provision of these Terms of Use by you or any delay or omission on the part of Epilogue to exercise or avail itself of any of its rights, remedies, powers, or privileges will not be effective unless in writing and will not be construed as a waiver of any succeeding breach of the same or any other provision of these Terms of Use.

28. Severability. In the event that any provision (or any portion of a provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction.

29. Relationship. Nothing in these Terms of Use or your use of this Site or any Content or Services will be deemed to:

(a) constitute either party hereto as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose; or

(b) constitute or create a solicitor-client relationship between you and Epilogue.

30. No Third Party Rights. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than Epilogue and you.

31. Governing Law. The interpretation, validity, effect, and enforcement of these Terms of Use, and any and all disputes arising out of or in connection with these Terms of Use, or in respect of any legal relationship associated with or derived from these Terms of Use, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply to the access and use of this Site, the Content, the Services and Epilogue Property by you, notwithstanding your domicile, residency, or physical location, or the location of Epilogue office or any Epilogue personnel with whom you may communicate or deal. The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any similar or successor convention or law, will not be applied to these Terms of Use or any transactions conducted pursuant to this Site. This Site and the Content are intended for use only in jurisdictions where they may be lawfully provided for use.

32. Forum. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in any action or proceeding involving this Site, the Content, the Services, or Epilogue Property and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.

33. Jury Trial Waiver. Each of Epilogue and you acknowledge and agree that, to the fullest extent permitted by applicable law, each of you and Epilogue waive the right to a trial by jury in respect of any and all disputes arising from or in connection with these Terms of Use or the Site.

34. Admissibility. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

35. Contact Us. If you have any questions regarding these Terms of Use, please contact us via email at [email protected] or via the Contact Us page of this Site.

 

Last updated: March 26, 2020.

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