Terms and Services

September 20, 2024

Between: You (hereinafter referred to as, “You” or the “End User”) and: The Family Law Assistant Inc. (and its subsidiaries) (“The FLA”) (hereinafter referred to as “The FLA”, “We”, “Us”, or the “Site”) also known as The Family Law Assistant (the “Services”, “we”, “us” or “our”).

The following “User License Agreement” governs your use of the software and services provided by The Family Law Assistant Inc. (and its subsidiaries) (“The FLA”) also known as The Family Law Assistant. This is a legal agreement between you and The FLA and incorporates the Privacy Policy at thefla.ca/privacy. By accessing or using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms. By agreeing to these Terms, which is a pre-condition of your subscription to the Services, you are confirming your acceptance of the Terms. If you do not agree to these terms, then you are not permitted to use the Site or Services.

Thank you for deciding to use The Family Law Assistant, a service provided by The Family Law Assistant Inc., located at 202-1441 Ellis Street, Kelowna, BC, V1Y 2A3 and at info@thefla.ca. We have prepared the following so that You understand the uses and limitations of our Services.

Please read the following terms and conditions (the “Terms”) carefully, as they contain important information regarding your use of the Services. These Terms affect your legal rights and obligations.

Definitions

- “Agreement” shall mean this entire User License Agreement and incorporates by reference the Privacy Policy located at thefla.ca/privacy.
- “Authorized Individual(s)” shall mean an individual subscriber.
- “Confidential Information” shall mean the Content (as defined in Section 1(d)) and any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine-readable form or through access to either party’s premises.
- “Content” shall mean any information you upload or post to the Service and any information provided by you to The FLA in connection with the Service, including, without limitation, information about Authorized Individuals, Professional Users, as defined in Section 1(e). or Registered Professionals, as defined herein.
- “Professional Users” shall mean an individual subscribing lawyer or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on your behalf.
- “Registered Professionals” means a professional lawyer/mediator, divorce coach, or other related professional, who has been invited to use the Service in a limited capacity by either an Authorized Individual or Professional User.
- “Service” shall mean any software or services provided by The FLA, including but not limited to The Family Law Assistant.

Security Emergency” shall mean a violation by Subscriber of this Agreement that (a) could disrupt (i) The FLA’s provision of the Service; (ii) the business of other subscribers to the Service; or (iii) the network or servers used to provide the Service; or (b) provides unauthorized third party access to the Service.
“Subscribers” shall mean Authorized Individuals, Professional Users, and Registered Professionals collectively.

Modification of the Services and terms of use

We reserve the right to add, remove, modify, discontinue or otherwise change our website [https://www.thefla.ca/] (the “Site) or Services or to modify these Terms, at any time and without prior notice or with such notice to you. If we modify these Terms, we will post the modification on the Site. The date of most recent revision shall be noted at the beginning of these Terms. Changes are effective when such changes, modifications, additions or deletions are posted to the Site. It is your sole responsibility to periodically review the Terms as posted on the Site. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.

YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR PROVINCE OR TERRITORY OF RESIDENCE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

We are not a law firm and do not provide legal advice

We offer an online service called The Family Law Assistant through the website located at www.thefla.ca. The Family Law Assistant is not a law firm. The information we provide is for your own private use and does not constitute formal legal advice in any circumstance. Legal advice can only be provided by a qualified lawyer licensed to practice law in your jurisdiction. Our basic service (the “Basic Service”) allows the End User to create a profile online using self-service “fill in the blank” forms, permits the End User to enter monetary values for various fields, calculate assets and liabilities within a preconfigured form, provides for various methods of division and distribution (“Property Schedule Calculator”), permits the End User to load supporting documentation with respect to categories of property, and provides the End User with a method to calculate arrears of child support (“Child Support Arrears Calculator”). The End User is responsible for verifying all information and calculations are correct and We take no responsibility for the information or financial figures generated by use of Our Services. You are advised to consult a licensed lawyer to receive legal advice even if you use our Services.

We may also provide additional services that you may elect to purchase, such as a subscription to store and make changes to your information or a premium subscription with access to additional features (the “Optional Services”). The details of these Optional Services will be disclosed on the Site. The Basic Service may also include the ability to store and make changes to your information depending on the particulars of your package. The Basic Service and any Optional Services are referred to collectively as the “Service” or the “Services”.

Since The Family Law Assistant is not a law firm and does not provide legal advice, any communications between you and The Family Law Assistant may not be protected by legal privilege. Your use of the Services does not create a lawyer-client relationship between you and The Family Law Assistant.

We provide online tools to assist Authorized Individuals, Professional Users, and Registered Professionals, with the preparation and storage of your information pertaining to your family law dispute. We strive to keep our tools current and up to date; however due to rapidly changing laws, our tools are not guaranteed to be correct, complete or up-to-date and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind we provide can fit every circumstance. We do not review the information for accuracy or legal sufficiency, draw legal conclusions or apply the law to the facts of your particular situation.

In the event an error in your information is caused exclusively by The Family Law Assistant, The Family Law Assistant will use best efforts to correct the error at no additional cost to you.

You acknowledge that The Family Law Assistant does not independently evaluate, investigate, or otherwise conduct any due diligence regarding any data you provide to The Family Law Assistant and has no liability to you for any damage or loss concerning the accuracy of your data. Your data is your responsibility.

Payment for Service

Fees for the Service in the amount as stated on the Site and any applicable taxes (hereinafter referred to as “Service Fees”), will be processed at the time you check out. Once payment is processed, you will be able to view, download or email the information. We may change the Service Fees at any time and from time to time without prior notice or with such notice as required by applicable law.

Payment processing services for the Service Fees are provided by Stripe and are subject to the Stripe Services Agreement, available here. By agreeing to these terms or continuing to operate as a customer on The Family Law Assistant, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using payment processing services through Stripe, you agree to provide accurate and complete information, and you authorize us to share this information and transaction information related to your use of the payment processing services provided by Stripe.
Fees for any Optional Service, in the amount as stated on the Site and any applicable taxes (hereinafter referred to as “Optional Service Fees”), will be processed at the time you checkout and will be subsequently charged as disclosed on the Site. We may change the Optional Service Fees at any time and from time to time without prior notice or with such notice as required by applicable law.

Payment processing services for Optional Services maybe provided by a payment service provider as disclosed on the Site and will be subject to the service agreement of that payment processor. By agreeing to these terms or continuing to operate as a customer on The Family Law Assistant, you agree to be bound by the service agreement of that payment processor, as the same may be modified by that payment processor from time to time. As a condition of using payment processing services through such payment processor, you agree to provide accurate and complete information, and you authorize us to share this information and transaction information related to your use of the payment processing services provided by such payment processor.

You may notify us of your intent to cancel any Service or Optional Service at any time and your cancellation will become effective at the end of your current billing period or as soon as possible at your option. You will not receive a refund for the remainder of the term. Although we do not normally provide refunds or credits for the Service Fees or any Optional Service Fees, we do reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Cancellation and Termination

Subscribers are solely responsible for canceling subscriptions. Subscribers may cancel their subscription at any time by accessing the Service. For security reasons, cancellations shall only be performed by the authorized account holder using the account cancellation URL within the Service. A Subscriber may be directed, within the Service, to call support to complete the cancellation. Cancellations shall not be accepted by any other means.

The FLA in its sole discretion has the right to suspend or discontinue providing the Service to any Subscriber without notice for actions that are (a) in material violation of this Agreement and (b) create a Security Emergency.

Keeping your data current

Notifications to the End User will be emailed to the email address you provide to us. We will use the most recent data that you provide to us. Failure to update contact details may result in inability to effectively notify Users or may result in sending notifications to an out-of-date party.

Liability

We shall not be liable to you, or any third party, for any losses, damages, charges or costs arising from (i) any input errors caused by you; (ii) omissions in the data you provide us; or (iii) content you publish to the Site; (iv) any financial values generated as a result of using our Property Schedule Calculator or Child Support Arrears Calculator

To the fullest extent permitted under applicable law, under no circumstance will we be liable to you, or any third party, for (i) direct damages in an amount that exceeds the total amount previously paid by you to us in the 12 month period preceding the event from which the liability arose, if you or the third party (as applicable) are located outside of the Province of British Columbia; (ii) direct damages in an amount that exceeds $2,500 in the aggregate, if you or the third party (as applicable) are located inside of the Province of British Columbia; and (iii) any indirect, special, incidental, consequential, punitive or exemplary damages whether based in contract, tort, negligence or any other legal basis, arising out of or in connection with the Site or Services; provided, however this limitation of liability shall not apply to any fraud, criminal misconduct, wilful misconduct, gross negligence or malicious or dishonest acts or omissions.

Subject to the limitations and exclusions of liability in (7.1) and (7.2) above, in the event of a data breach of our systems arising from our negligent act or omission in which your personal information has been disclosed to a third party, we will (a) cooperate with the End User to identify the cause of the breach and to identify any affected content; (b) assist and cooperate with the End User in investigating and preventing the recurrence of the security breach; (c) assist and cooperate with the End User in any litigation or investigation against third parties that the End User Undertake to protect the security and integrity of the content; (d) use commercially reasonable endeavours to mitigate any harmful effect of the security breach on terms and conditions determined by us in our sole discretion.

You acknowledge that the forgoing limitations and exclusions of liability are reasonable in the commercial circumstances contemplated in these Terms and that we have relied on such limitations and exclusions in entering into these Terms.

Intellectual property rights

The Site and Services including all content, is the exclusive property of The FLA and is protected by Canadian and worldwide copyright and trademark laws. The FLA retains all rights in the Services, including, without limitation, software, images, texts, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music or any user content. By using the Site and Services, you agree to comply with copyright and trademark laws worldwide. You may not modify the content, or reproduce, display, distribute, lease, sell, create derivative works based (in whole or in part) on all or any part of the Service or any Data (as defined below) made available through the Service or otherwise use any of the Data in any way for public unless expressly authorized in writing by The FLA. You may not copy, imitate or use in any manner any text, graphics, images, button icons, company name or logo contained on the Website unless expressly authorized to do so by us.

The Family Law Assistant is a software program that you can access through a personal account via a password protected website. Except as permitted by law, you may not use this software for any purpose, other than those set out within these Terms. You may not attempt to decipher, decompile, disassemble or reverse engineer any of the components of this software, in whole or in part.

Grant of limited license

Subscribers are granted a non-exclusive, non-transferable, limited license to access and use the Service as designed and as set forth in these terms.

The FLA does not review or pre-screen the Content and The FLA claims no intellectual property rights with respect to the Content.

Subject to the other provisions of these Terms, we grant you permission to download, view, copy and print the Data on any single, stand-alone computer or device solely for your personal, informational and use. You agree that you will not download, view, copy, print, or replicate any Information other than for use in the family law case. This permission terminates automatically without notice if you breach any of these Terms.

Subscribers agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet (“CSS”) or any visual design elements without the express written permission from The FLA.

Subscribers agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, The FLA, or any other software or service provided by The FLA.

Subscribers agree that they will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the terms of this Agreement.

Subscribers agree that they will not knowingly use the Service to upload, post, host, or transmit unsolicited bulk email “Spam”, short message service “SMS” messages, viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.

Except for the non-exclusive license granted pursuant to this Agreement, Subscribers acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with The FLA.

Professional Users who configure the Service to share or make available certain Content to the public, are deemed to acknowledge and agree that everyone will have access to the Content (“Public Content”). It is the responsibility of the Professional User to determine if the Service being shared is appropriate for each Authorized Individual. The FLA reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to Public Content that violates the terms of this Agreement, including, but not limited to, removal of such Public Content.

The FLA reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that The FLA shall provide Subscriber with 30-days notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes the Subscribers acceptance of the modification.

The FLA reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two business days’ notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Service, email or other notification method deemed appropriate by The FLA. Further, The FLA shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Subscribers but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, The FLA will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.

Subscribers grants to The FLA a non-exclusive, royalty-free right during Subscribers use of the Service, to use the Confidential Information for the sole purpose of performing The FLA’s obligations under the Agreement in accordance with the terms of the Agreement. Such rights shall include permission for The FLA to generate and publish aggregate, anonymized reports on system usage and Content trends and type.

The FLA uses one code-base for all jurisdictions. Subscribers are required, using settings available within the Service, to configure the Service for its own jurisdiction and to verify that the settings meet the Subscribers requirements. The FLA will highlight known features that may require Subscriber review.

Subscriber acknowledges and agrees that The FLA may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

Subscriber acknowledges the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. Subscriber agrees to accept that risk and will not hold The FLA liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encrypted. Only The FLA, with strict business reasons, may access and transfer the Content and only to provide Subscribers with the Service. The FLA will make reasonable efforts to provide notice to Subscriber prior to such access and transfer.

Protection of Site

You may not use the Site in any manner that could damage, disable, overburden or impair it or its application in any way. you may not upload, post or otherwise transmit any materials on this Website that would negatively impact the functioning of this Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. you may not use any process or program to monitor, copy, summarize or otherwise extract information from the Service. Violations of system and network security may result in civil or criminal liability.

To the fullest extent permitted by applicable law, should We deem you, in our sole discretion, to be in breach of paragraph 9.1, We will terminate your use of the Service indefinitely, with no financial liability or recourse to you.

We will use best efforts to implement measures to avoid and eliminate all viruses/ harmful mechanisms.

Registration and password

When you create an account with The Family Law Assistant, your email address and other personal information is required upon your registration. The information you input must be your own and you may not use another person’s personal information to access the Service. You may not register an email address which you do not own or for which you do not have the express permission of the owner to use.

When you create an account with The Family Law Assistant, you are required to provide a password. You may not share your password with any third party for any unauthorized or unlawful purpose or use. You agree to immediately notify us of any unauthorized uses made on your account. We bear no responsibility or liability whatsoever, for any harm or injury that may arise from a third-party gaining access to your password, for any reason.

You may change your password as frequently as you deem necessary. You are solely liable and responsible for any loss, damage, harm or other injury which may arise from the unauthorized use of your username and/or password by a third party. We do not limit the number of times you may change your password. We strongly recommend that you change your password periodically. We also strongly recommend that you use a strong password (e.g. choosing a password of appropriate length, include capital and lower-case letters, numbers, punctuation marks) and that this password for your account is unique and not one that you use for other services. The onus to change your password and to protect the confidentiality of your password rests solely on you.

Physical device security

Your account may be accessed via the Site, through a desktop, a smartphone or tablet (your “Device”), however, for best performance, we recommend a desktop. You are solely responsible for safeguarding your Device and any access to that Device. The responsibility to keep your account secure from unwanted individuals rests solely with you. We assume no responsibility or liability for any account access through any unauthorized access through a Device.

Privacy

Personal information that we collect in connection with your use of the Service will be handled in accordance with our privacy policy (“Privacy Policy”). If you have any questions about our Privacy Policy, you may contact us at info@thefla.ca.

By subscribing to the Service, the Subscribers acknowledges and consents to us using the information collected from the Subscribers in accordance with the Privacy Policy.

The Data are intended for your use. You cannot create Material’s on someone’s else’s behalf, unless you are a Professional User or Registered Professional. If you sign up for an account with The Family Law Assistant, it is because you want to generate data for yourself or as a Professional User or Registered Professional on behalf of an Authorized Individual. We do not endorse the views or wishes expressed in the Data nor do we take any responsibility for any actions taken as a result of the expressed wishes.

We will share your personal information with any law enforcement or government agency should we be required to do so by law.

Limitations on use

You agree and acknowledge that you will use the Service only for its stated purposes and in a lawful manner. You agree that you will not use The Family Law Assistant in any manner whatsoever, or for any purpose whatsoever, that is harmful to you or to others, or which could be construed as harassment, intimidation or a violation of the privacy rights of others.

Links to third-party sites

The Site may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. We do not sponsor and are not legally associated with any third party “linked sites.” We are not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

We do not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. We are not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. you should carefully review the terms and conditions and privacy policies of any third-party sites.

If you use any service provided on a Linked Site, (a) We will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) We do not warrant or support any service provided by the third party.

No warranties

You specifically acknowledge and agree that your use of the Service is at your own risk and that the Site and the Service are provided on an “as is”, “as available” and “with all faults” basis. The FLA, its officers, directors, employees, and agents disclaim to the maximum extent permitted by applicable law all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

The FLA and its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of the Site and Service, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to the Service, and/or (iii) the Service found at the Site or any sites linked (through hyperlinks, banner advertising or otherwise) to the Site, and We assume no liability or responsibility for same. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY THE FLA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTRE OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SITE OR THE SERVICE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of the Site or the Service.

Indemnification

Subscribers hereby agrees to indemnify and hold harmless The FLA from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including attorneys’ fees, which arise from or relate to the following:

Subscribers breach of any obligation stated in this Agreement, and
Subscribers negligent acts or omissions.

The FLA will provide prompt notice to Subscriber of any indemnifiable event or loss. Subscriber will undertake, at Subscriber’s own cost, the defense of any claim, suit or proceeding with counsel reasonably acceptable to The FLA. The FLA reserves the right to participate in the defense of the claim, suit, or proceeding, at The FLA’s expense, with counsel of The FLA’s choosing.

Governing law

These Terms shall be governed by and interpreted in accordance with the laws of the British Columbia, Canada. In the event of a dispute, you agree that the courts in British Columbia, are competent to hear such dispute and you agree to be bound by any judgment of that court.

General

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between Subscribers and The Family Law Assistant.

Neither The Family Law Assistant nor Subscribers shall be liable to the other for any failure to perform any of its or your obligations under these Terms during any period in which such performance is delayed by circumstances beyond its or your reasonable control, such as fire, flood, war, embargo, strike, epidemic, pandemic, riot, terrorism, or the intervention of any governmental authority (a “Force Majeure”). In such event, however, the delayed Party must promptly provide the other party with written notice of the Force Majeure. The delayed Party’s time for performance will be excused for the duration of the Force Majeure.

If any provision herein is held to be invalid or unenforceable to any extent, then such provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, The FLA may assign this Agreement in its entirety without consent of the Subscribers in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this Section shall be void and of no effect.

Headings in these Terms are for convenience of reference only and shall in no way affect interpretation of such Terms.

In the event that any provision of these Terms is deemed to be void or unenforceable in whole or in part, it shall not affect or impair the validity of any other provisions of the Terms.

All provisions contained within these Terms shall constitute the entire agreement. No provision shall be removed without the prior written consent from The FLA.

Should you not be able to access your account, you will need to contact The Family Law Assistant, 202-1441 Ellis Street, Kelowna, BC V1Y 2A3, at info@thefla.ca for assistance.