Terms and Conditions

 

Farzad Forooghian, barrister and solicitor, practicing through Forooghian + Company Law Corporation ("Forooghian+Co”, “we”, “us” or “our”), maintains a web site located at www.forooghianlaw.com (the "Site") which provides articles, publications, information, data and other materials (the "Content"). The Site is provided to you subject to your compliance with these terms and conditions of use ("Terms and Conditions"). By accessing or using the Site you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use the Site. We reserve the right to change these Terms and Conditions at any time. Your continued access to or use of the Site after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.

No Lawyer-Client Relationship

Your use of or access to the Site does not create a lawyer-client relationship. Your use of the Site may facilitate access to or communications with members of Forooghian+Co by way of e-mail transmissions or otherwise via the Site. Receipt of any such communications or transmissions by any member of Forooghian+Co does not create a lawyer-client relationship.

No Legal Advice

The Content is current as of its original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose. Content is provided solely for informational purposes. It is not intended to be legal or other professional advice or an opinion of any kind. You are advised to seek specific legal advice by contacting members of Forooghian+Co (or your own legal counsel) in relation to your specific legal issues.

Viruses

The downloading of Content is done at your own risk. We cannot and do not guarantee or warrant that the Site or the Content are compatible with your computer systems or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.

No Liability

We assume no liability or responsibility for any errors or omissions in any content provided through the Site. Links to third party websites are provided as a convenience only, and are not an endorsement of their content or a representation as to their accuracy. Use of the Site is at your own risk and, subject to these Terms and Conditions, the Site and the Content are provided on an “as is” and “as available” basis without any representations or warranties of any kind, express or implied.

Communications Not Confidential

We do not guarantee the confidentiality of any communications made by you via e-mail or otherwise through the Site and cannot guarantee that any such communications are protected by solicitor-client privilege. If you wish to provide information of a confidential or sensitive nature to one of the members of our firm, please contact them directly by telephone.

No Unlawful or Prohibited Use

You agree that you will not, without our prior written permission, use the Site and the Content for purposes other than your own personal non-commercial use and benefit. You may not frame the Site or the Content or any part thereof on any commercial or non-commercial internet web site. You acquire absolutely no rights or licences to the Site or the Content other than the limited right to use the Site and the Content in accordance with these Terms and Conditions. You agree that you will not use the Site for any purpose that is unlawful. Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site or the Content, in whole or in part, and any decompilation disassembly, reverse engineering or other exploitation of the Site, without prior written permission, is strictly prohibited.

Ownership

All Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site or in the Content are owned by Forooghian+Co and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws.

Third Party Sites

The Site may provide links to third party web sites. Forooghian+Co does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under our control and if you choose to access any such web site, you do so entirely at your own risk.

Governing Law

These Terms and Conditions are governed by the laws of the Province of British Columbia and the applicable laws of Canada and these laws apply to the use of the Site or the Content by you, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.

Copyright Notice

© 2019 Forooghian + Company Law Corporation. All rights reserved. No part of the Site or the Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of Forooghian+Co, except to the extent that such use is for your personal, non-commercial use. All copies must include this copyright notice.

 

Privacy Policy

 

We are committed to protecting and respecting your privacy. This Privacy Policy (“Policy”) sets out the basis on which any personal information we collect from you or that you provide to us in conjunction with your access, navigation, and use of the Site. Please note that access and use of the Site does not constitute engagement of legal services or the formation of a lawyer-client relationship in any manner. This Policy governs only individuals’ use of the Site. Any confidentiality matters as between lawyer and client will be governed by an engagement letter, should you choose to retain us as your lawyers. Please read the following carefully to understand our practices regarding your personal information. This Policy complies with the Personal Information Protection Act (British Columbia) (“PIPA”) and the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”) as applicable (collectively, “Acts”).

Information We Collect and How We Use It

We may collect and use Personal Information and Non-Personal Information from you when you access or use the Site. In this section, we will describe the type of information that may be collected and how that information may be used.

“Personal Information” means personally identifiable information that specifically identifies someone as an individual and includes the items listed below.

  • Paying a Retainer or Invoice Online - When you work with us, you will have the option of paying for your retainer and invoices through the Site. We use LawPay Canada (“LawPay”) to process all online payments. Any Personal Information you provide, including billing information, is provided directly to LawPay. We will receive and store the confirmation of your payment from LawPay, which will include: (1) name and billing address, (2) file or invoice number, and (3) date and time of payment. We use this information to track our billing process and provide you with our services. We will not receive or store your banking information or credit card numbers.

  • Using the Site - We may collect Personal Information about you as part of your use of the Site.

  • Contacting Us - When you choose to contact us through the Site, we may collect, store and use the Personal Information that you provide us, such as your name, email address, phone number and other information you choose to provide in the content of your message, so we can respond to your inquiry.

  • Other Uses of Personal Information - We may also use Personal Information that we collect to help provide you with better service. Among other things, the Personal Information we collect enables us to improve our services, communicate with you and fulfill your requests for products, services and information.

“Non-Personal Information” means: (1) information that does not directly identify you; and (2) “aggregate” and “de-personalized” information, which is data we collect about the use of the Site from which personally identifiable information has been removed.

Cookies, Beacons and Tracking - When you access or use the Site, we (or a third party provider) may use “cookies” and other technologies such as pixel tags, locally shared objects, clear GIFs and web beacons, to track what you view and interact with on the Site. We treat information collected by cookies and similar technologies as Non-Personal Information. A “cookie” is a small bit of record-keeping information that is sent to your computer. The cookies that we use do not include Personal Information and may be used to: (1) help you navigate around the Site, (2) monitor how many people are using the Site, and (3) track trends. Most browsers are initially set up to accept cookies, but you can disable cookies or set your browser to indicate when a cookie is being sent. However, disabling cookies may affect your ability to use the Site.

Server Logs - Our servers may log Non-Personal Information about your use of the Site, such as: (1) your search activity, pages viewed, date and time of activity; and (2) any information provided by your computers or mobile devices in connection with your use of the Site, such as browser type, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.

Trusted Partners and Sponsored Companies and Organizations - We may use and disclose to our affiliated companies, contractors, trusted partners or persons the collected Non-Personal Information for the purpose of auditing, researching and analyzing usage of the Site, ensuring the technical functionality of the Site and further developing the Site and our other products.

Analytics - We use Google Analytics and SquareSpace Analytics to collect information about visitor usage. Both systems are web analysis services which utilize the data collected to track and examine the use of the Site, prepare reports on its activities, and share them with other services. These systems track how often a vistor visits the Site, the pages visited and other websites the visitor visited prior to coming to the Site. Both collect only the IP address assigned to the visitor’s computer on the date of the Site visit, instead of the visitor’s name or other identifying information. We use the information received from Google Analytics and SquareSpace Analytics to collect user information, which allows us to better know our audience characteristics and behaviour, measure cross-device and cross-platform use, conduct data analysis and testing, and manage our data effectively. However, we will not upload information to Google Analytics or SquareSpace that allows these systems to personally identify you (such as certain names, social security or social insurance numbers, email addresses, or any similar data), or data that permanently identifies a particular device (such as your mobile phone’s unique device identifier if such an identifier cannot be reset).

Disclosure of Personal Information

We will never sell, share, transfer or rent your Personal Information for secondary purposes. In certain circumstances, we may share any or all information we have collected, including Personal Information. For example: (1) we might share your Personal Information during due diligence or in preparation for or after a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation, (2) your Personal Information may be transferred to anyone who is helping us make our website and the Site available and functional, like technical agents, payment processing vendors, other subcontractors, and our affiliates and consultants, subject to obligations consistent with these Terms and Conditions, (3) if you use the Site to provide your credit card information to LawPay for payments, your credit card company will be provided with all relevant information about LawPay, item(s) purchased, cost and other information necessary to process the transaction, (4) if we are required to disclose or share your Personal Information under a legal obligation, in order to enforce or apply our contractual agreements or without your consent pursuant to any of the exceptions in the Acts, and (5) we may share anonymous information with or to business partners. We may also disclose Personal Information to our service providers for the purpose of processing Personal Information on our behalf or assisting in the operation of the Site. We require that these parties agree to process such Personal Information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.

Choices for Personal Information

If we propose to collect, use or disclose Personal Information for any purpose other than those described in this Policy, we will obtain your consent. You may choose to withdraw your consent to the collection, use or disclosure of your Personal Information as outlined in this Policy at any time. If you withdraw consent, then we may no longer be able to provide you with full or any access to the Site. Users are also given the opportunity to “opt-out” of having their Personal Information used for specific purposes, such as receiving newsletters or other information from us. Withdrawals of consent will not have an effect on personal or other data that we have used or disclosed in accordance with this Policy prior to such withdrawals.

Third Party Privacy Policies

We may make available third party links through hyperlinks or otherwise enable you to access third party products or services from the Site that are not affiliated with or controlled by us. We are not responsible for those parties, the content of their products or services, or the use of information you provide to them. Providing links or otherwise enabling access to third party products or services does not constitute sponsorship of or affiliation with those people or companies. You recognize and agree that we are not liable for any third parties use of your Personal Information and you should review the privacy policies of these third parties.

Data Storage

We take commercially reasonable steps as necessary to ensure that your data is treated securely in accordance with this Policy and the Acts. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit through use of the Site and you do so at your own risk. Your Personal Information may be transferred to and maintained on servers or databases located in Canada and the U.S. in accordance with the Acts, as applicable. You consent to such processing and storage.

Information Security

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of Personal Information. We use physical, electronic and/or procedural safeguards to protect our systems and all Personal Information under our control against unauthorized access and use. We only use third party server hosts with certified facilities that contain the industry standard physical, operational and digital security and restriction protocols. All safety and security measures are reasonable and appropriate to the sensitivity level of the information collected.

Accuracy and Access/Control Over Personal Information

We will take reasonable steps to ensure that the Personal Information collected by us or on our behalf is accurate and complete, as required pursuant to the Acts. We will allow you to access your Personal Information in our custody or control, and you may request that we: (1) update or correct such Personal Information, (2) change your preferences with respect to communications and other information received from us, or (3) delete your Personal Information on our primary system, by submitting a request to info@forooghianlaw.com, though this may result in your inability to use the Site. If we are satisfied on reasonable grounds that your request to update or correct your information should be implemented, we will correct your Personal Information on our primary system as soon as reasonably possible. We may retain an archived copy of your records as required or authorized by law.

Communicating by E-Mail

By providing your email address to us or communicating with us via email, you are deemed to expressly consent to receiving email communications from us in conjunction with the Site that we provide to you.

Retention of Personal Information

We retain Personal Information collected pursuant to this Policy only as long as is reasonably required to fulfill the purposes for which it was collected, or as required or authorized by law.

Changes to this Policy

We reserve the right to modify this Policy at any time. We may provide you with notice of such modifications, by sending you an email message or otherwise bringing it to your attention in the Site. Your continued use of the Site will signify your acceptance of the modifications to this Policy. If you disagree with any changes to this Policy, you will need to stop using the Site.

Contact Information

If you have any questions relating to this Policy or our privacy practices, please write to us at info@forooghianlaw.com.