It is your responsibility to review these Terms periodically. If, for any reason, you do not agree to these Terms, we recommend that you do not use our website, products, or services.
- Age of Majority
By using our Services, you’re agreeing that you are at least 18 and are allowed to enter into a legal contract.
- SIËSDE is Not a Law Firm and Does Not provide Legal Advice Through this Financial Disclosure Platform.
The information we provide is meant to assist professionals and their clients but should never be constituted as legal advice. We are not a law firm and we do not draw legal conclusions, provide opinions, review any of the information you or your clients give us for legal accuracy, or do anything else that you would normally consult a lawyer for.
- Consent to Receive Emails, Texts, and Communications
We need to reach you to confirm your identity and properly offer our Services. When you create an account with us, you are giving us permission to send you communications.
You may remove yourself from any of these communications by deactivating your account on Financial Disclosure.
- Ownership of our Website
We own the rights, title, and interest in the information, documents, logos, graphics, sounds, and images we provide on the website and through our Services. We do not own the information, logos, titles, graphics, rights or images that you or our partners may place on the website. Except in te rare instances that we might agree to, you cannot copy, reproduce, republish, post, display, or distribute our website, Services, or any of our intellectual property rights. We also reserve any rights that we have not mentioned or expressly granted in these Terms.
- Subscription Packages
When you register for our Services, you will have the opportunity to create an organization and purchase a subscription package. This package dictates the number of employees that will be associated with your account. Only the individuals that are assigned an account within your organization can access our Services. We reserve the right to terminate your access to our Services if we determine that you are allowing access to additional individuals.
You can add additional employees to your package when using our Services. If you accept the prompt and update your plan, you will have immediate access to the plan and will be billed on a pro rata basis at the new price for the remainder of the month. Your next invoice will reflect the plan update.
- Your Content
When you use our Services, you and your client may provide us with things like files, documents, images, and other content. You and your clients will retain ownership of this content, as set out in your professional relationship.
To provide our Services, we must process information about you and your clients. We store the content and collect aggregate statistics relating to that content and other information you provide when you sign up for an account, add employees, or send handshakes to others. We extract client information for you when you choose to produce documents and files on Financial Disclosure, but we do not view, use, or extract insights from this information. We also collect information about how you use our Services, such as the types of content you add; the people you handshake with; and the frequency and duration of your actions. We will also collect information about your payment plan when you register or update your plan.
- Removal of Content
You can remove your content from our Services at any time, including your personal information and client content. We will only retain such personal information about you as is needed to fulfill our legal obligations. We will retain aggregate statistics and metadata about your usage of our Services, in order to help us improve our Services and better deliver them.
If you decide not to renew your subscription, or decide to cancel, we will archive you and your clients’ information and remove it from our live server after 14 days. You will have the opportunity to download your information prior to its removal. If you decide to re-activate our Services, you can retrieve this information from our archives for a fee. Your clients will not be able to access their file if you cancel or do not renew your subscription.
- Limited Permission to Download and Use
You have our permission to download, view, copy, and print both your and your clients’ content. You may also download, view, copy, and print the documents and forms that we create for you. You do not have permission to download and use any other materials. Financial Disclosure’s directory and search criteria cannot be used for commercial purposes. You may not download the Financial Disclosure Interview for use outside of the Financial Disclosure platform. We can terminate this condition, without notice, if you breach our Terms.
In the use of our Services, you will have the opportunity to connect your clients’ files with other professionals through a “handshake”. Within your organization, you may send a handshake to another employee without permission from your client. If you wish to send a handshake outside of your organization, your client must give permission before the handshake will be completed and the other professional will be notified. We do not and cannot verify the authenticity of the professionals listed in our Directory or having accounts on Financial Disclosure.
- Links to Third-Parties
Sometimes, we may show you links to third-party resources or businesses that we think can help you or might be of interest to you. You do not have to use these resources, but should you choose to contact them please be aware that we do not sponsor them and are not legally associated with them.
- Dispute Resolution by Mediation and Binding Arbitration
Please read this section carefully, as it affects your rights.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing [email protected]
However, if SIËSDE is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of Services we mutually agree to resolve such dispute first through mediation or, if required, finally through binding arbitration instead of in courts of general jurisdiction.
If we find that we are unable to reach resolution by informal discussion, we agree to attempt to resolve any dispute, claim, or controversy arising out of the use of SIËSDE Services by mediation. Furthermore, you and SIËSDE each agree that respective good faith participation in mediation is a condition precedent to pursuing any other legal or equitable remedy. Either you or SIËSDE may commence the mediation process by providing written notice to the other, setting forth the subject of the dispute, claim, or controversy. Within 15 days after the receipt of the written notice, the recipient shall deliver a written response to the sender. The initial mediation session shall be held 30 days after the initial notice. You and SIËSDE agree to share equally in the fees for the mediation process (which shall not include any expenses incurred by each party for its own legal representation in connection with the dispute resolution process). Each party shall pay its own additional expenses relating to the dispute resolution process. Both parties understand the confidential nature of mediation and further acknowledge and agree that all discussions, offers, statements, and agreements made in the course of mediation shall be confidential and, additionally, inadmissible in any other legal proceeding involving the parties.
If a settlement cannot be made through the mediation process, you and SIËSDE agree to arbitrate all disputes, claims, and controversies between us. The arbitration will be held in Toronto, Ontario, Canada. Notwithstanding our agreement to mediate and arbitrate disputes, the following exceptions will apply to the resolution of disputes between us:
SIËSDE may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in the dispute resolution process described above.
SIËSDE may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in the dispute resolution process described above.
You agree that by agreeing to use these Services, you are waiving your right to a trial by jury or to participate in a class action. SIËSDE may, in the future, make changes to these provisions regarding dispute resolution by providing notice in accordance with the section of the Terms entitled “Modifications”.
- Termination of Access
In the event that you do not pay the fees and costs associated with use of our Services, or any portion thereof, SIËSDE may immediately suspend the customer’s right to receive the Service that is subject to payment default and any other Service used by customer regardless as to whether the customer has or has not paid the fees or costs in relation to that other service. SIËSDE may also terminate access to Services without prejudice to enforcement of any other legal right immediately upon giving written notice of such termination if the customer infringes on SIËSDE intellectual property in a manner that breaches the section entitled “Limited Permission to Download” or if the customer breaches any other material provision of these Terms.
- Customer’s Obligations
In addition to the customer’s other obligations contained in these Terms, the customer will:
Institute such security procedures as the customer deems necessary to safeguard the account from unauthorized access and prevent the posting, uploading, or inclusion of any viruses.
- Control and maintain the security of their account, identification codes, and passwords.
- Be responsible for the accuracy, completeness, and adequacy of all information and content posted under their account.
- Acquire consent from their clients before uploading the client’s content to the Services.
- Not hold themselves out as professionals or experts in areas where they are not, and should not be, considered professionals or have no expertise.
- Follow the standards and best practices as dictated by their professional governing body when using the Services.
- Not use the information about users on the platform, in the Directory or otherwise, for commercial use or in a marketing campaign
- Treat client personal information as confidential and will not use or disclose this information except as necessary to perform their obligations to each other.
- Use the Services in accordance with these Terms.
- Comply, at all times, with all applicable legal and regulatory requirements.
- Notes and Comments
SIËSDE may permit customers or their clients to post content and comments (“User Content”) in the form of notes and postings. SIËSDE is not responsible for and does not necessarily hold the opinions expressed by third-party contributors. User Content is the sole responsibility of the parties and its accuracy and completeness are not endorsed or guaranteed by SIËSDE. You acknowledge that by providing you with the ability to view and/or distribute content through the site, SIËSDE is not undertaking any obligation or liability with respect to the content. Notwithstanding the foregoing, SIËSDE reserves the right to block or remove any User Content at any time in our sole discretion.
You are legally and ethically responsible for any User Content that you post or transmit using SIËSDE Services that allow interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
- That is known by you to be false, inaccurate, or misleading.
- That infringes anyone’s copyright, patent, or trademark, or rights of publicity or privacy.
- That violates any law, statute, ordinance, or regulation.
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing, or advocates illegal conduct or harm to anyone.
- That contains any computer virus, worms, or other potentially damaging computer files.
- That otherwise violates these Terms.
You grant SIËSDE a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate any such User Content in any form, medium, or technology throughout the world without compensation to you.
- Unlawful or Prohibited Use
By using SIËSDE Services, you accept sole responsibility that your use of or access to our Services does not violate any applicable laws in Ontario.
You may not hack www.financialdisclosure.ca, or any affiliated website or platform, whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information SIËSDE has not intentionally made available to you on its website. Your use of SIËSDE does not entitle you to resell any SIËSDE content without prior express written consent from SIËSDE, as set out in the section entitled “Limited Permission to Download”.
- Disclaimer of Representations and Warranties
Please read this section carefully, as it affects your rights.
The website, Services, and all materials, documents, or forms provided on or through your use of the Services are provided on an “as is” basis and “as available” basis. To the fullest extent permitted by law, SIËSDE expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
SIËSDE MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR MATERIALS WILL MEET YOUR REQUIREMENTS. SIËSDE MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, OR ERROR-FREE BASIS. SIËSDE MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES, OR ANY MATERIALS OFFERED WILL BE ACCURATE OR RELIABLE. SIËSDE MAKES NO WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, MATERIAL, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES, OR RELIANCE ON THE MATERIALS, WILL MEET YOUR EXPECTATIONS. INFORMATION RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
OBTAINING ANY MATERIALS THROUGH THE USE OF SIËSDE’S WEBSITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. SIËSDE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
- Limitation of Liability and Indemnification
Please read this section carefully, as it affects your rights.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL SIËSDE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, OR AGENTS (“SIËSDE PARTIES”) BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES INCURRED BY YOU OR ANY THIRD-PARTY THAT ARISE IN CONNECTION WITH THE WEBSITE, SERVICES, OR MATERIALS, EVEN IF SIËSDE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SIËSDE PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITE, SERVICES, OR MATERIALS, FOR YOUR USE OF THE WEBSITE, SERVICES, OR MATERIALS, OR FOR THE CONDUCT OF THIRD-PARTIES WHETHER ON THE WEBSITE, IN CONNECTION WITH THE WEBSITE, SERVICES, OR MATERIALS, OR OTHERWISE RELATING TO THE WEBSITE, SERVICES, OR MATERIALS.
IF THERE IS LIABILITY FOUND ON THE PART OF SIËSDE, IT WILL BE LIMITED TO THE AMOUNT PAID TO SIËSDE BY YOU FOR THE SERVICES OR MATERIALS, EXCEPT AS ALLOWED PURSUANT TO THE SECTION ENTITLED “DISPUTE RESOLUTION BY MEDIATION AND BINDING ARBITRATION”.
On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold SIËSDE Parties harmless from any and all losses, damages, expenses, including reasonable lawyer’s fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
You agree to indemnity SIËSDE Parties from any and all losses, damages, expenses, including reasonable lawyer’s fees, rights, claims, actions of any kind, and injury (including death) arising out of third-party claims relating to your use of the Services, your violation of these Terms, or your violation of any rights of another.
- Force Majeure
Except for any obligation to make payments, any delay or failure of either you or SIËSDE to perform its obligations under these Terms will be excused if, and to the extent that the delay or failure is caused by an event or occurrence beyond the reasonable control of the party and without its fault or negligence, such as, by way of example and not by way of limitation, acts of God, action by any governmental authority (whether valid or invalid), fires, flood, wind storms, explosions, riots, natural disasters, wars, terrorist acts, sabotage, labour problems (including lock-outs, strikes, and slowdowns), or court order injunction or order; provided that written notice of delay (including anticipated duration of the delay) must be given within 10 days of the affected Party first becoming aware of such event. In the event that the force majeure event lasts for 90 days or longer, either party will have the option to terminate these Terms upon written notice to the other and neither party will be liable to the other.
- Governing Law
These Terms will be governed by the law of Ontario.
- Entire Agreement
These Terms constitute the entire agreement between you and SIËSDE with respect to the subject matter of these Terms, and supersede and replace any prior contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.
- Waiver, Severability, and Assignment
SIËSDE’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is determined to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
You may not assign any of your rights under these Terms, and any such attempt will be void. SIËSDE may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
SIËSDE may revise these Terms from time to time, and will always post the most current version on Financial Disclosure and on www.financialdisclosure.ca. If a revision meaningfully reduces your rights, we will notify you. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
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