Thank you for choosing ClearEstate. Please read these terms carefully before accessing or using the ClearEstate's platform app.clearestate.com website, ClearEstate mobile interface and/or your account (the “Platform”) and their related transactional pages and services (collectively, the “Services”) and logging into your ClearEstate account.
ClearEstate Technologies Inc. (“ClearEstate”, “we”, “us” or “our”) is a company that provides a Platform for the delivery of tech enabled estate planning and estate execution services. ClearEstate is a registered company located at 614 Saint-Jacques St., Suite 100, Montreal, QC H3C 1E2, Canada.
ClearEstate is NOT a law firm, or an attorney and no attorney-client relationship or privilege is created between you and ClearEstate. The legal information contained on the Platform is not legal advice and is not guaranteed to be correct, complete, or up-to-date. If your specific problem is too complex to be addressed by ClearEstate, you should consult a licensed attorney in your area.
We make every effort to ensure that the features of the Platform are reliable and accurate when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up-to-date at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption, or that it will be free from errors. We shall not be held responsible for any damages that may result from the inaccessibility of the Platform, or from any difficulties that you may experience while you access it, including: an interruption of service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general, and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Platform and/or its contents or our Services, except in cases of gross or wanton negligence. When the Platform asks or suggests that you submit to it any document or information, you are responsible for submitting to the Platform the up-to-date, complete and accurate document or information, free from error or omission. We shall not be held responsible for and we hereby disclaim any liability in connection with any document or information submitted to the Platform or on an Estate by you or any other user (including users who have been granted an access to a specific Estate and related Services).
4. Our Services
ClearEstate has created a comprehensive companion tool for estate administration and planning. Each client, whether an Executor or a Planner, and based on their needs and jurisdiction requirements, is guided through the stages of estate administration or planning processes making sure steps are completed at the right time. The plans We offer give you flexibility to choose the amount and depth of guidance you want from us – from just a little help (if you feel confident in being able to complete the process by yourself), up to a complete hands-off (if you prefer to delegate all tasks to us).
Fees included in the Purchase Terms will not include any of the following fees/costs, which You will be responsible for:
ClearEstate may act and rely, and shall be protected when acting and relying in good faith, on the advice of Professional Advisors, whether retained by ClearEstate or by You, in relation to any matter arising in the performance of the Services. You hereby consent that ClearEstate provides Professional Advisors with all documents, information and records required in order to provide the Services. ClearEstate will make reasonable efforts to limit the information disclosed to the minimum that is necessary to accomplish the intended purpose of the disclosure.
Any advice provided by Professional Advisors will be invoiced as disbursements and charged separately, except where included in your Plan. ClearEstate will get your approval for such charges before engaging any Professional Advisors.
4.1. At Need Plans
At Need Plans are perfect for executors who require support, guidance or a complete hands-off in settling the estate of their loved ones. We offer five different plans that You can choose from, depending on the circumstances and how much time and effort You wish to spend settling the estate. By contracting our Complete or Premium Plans, You agree to appoint ClearEstate as your agent to carry out some or all (depending on the plan contracted) of the administrative burden of the estate settlement and support you in performing your duties and responsibilities with respect to the Estate (hereinafter the “Agent Services”).
ClearEstate will complete the Agent Services based upon the information that You provide. You agree to provide accurate and updated information, documents and records to ClearEstate upon its reasonable request, and execute all necessary documentation requested by ClearEstate to provide the Agent Services. ClearEstate will not be responsible for any delays or interruptions in the administration of the Estate resulting from the omission of information, or the submission of inaccurate or incomplete information by You.
ClearEstate shall provide You with access to all documents, information and records generated in the provision of Agent Services and shall answer all related inquiries.
The Purchase Terms at checkout will indicate the Services applicable to Your plan based on the plan you select.
4.2. Pre-Need Plans
Our Pre-Need Plans allow individuals or couples to plan their estates. This will include creating a will, a power of attorney to manage property and a power of attorney for health purposes. You can book a 30-minute free consultation to learn more about the meaning of these documents and which plan would be the best option for your particular case. Leaving your estate planned will ease the administration and transfer of property to your loved ones. The best gift you can leave is a well-planned estate.
The Purchase Terms at checkout will indicate the Services applicable to Your plan based on the plan you select.
A Will is a legal document that includes instructions about how all of your assets, such as property and money, are to be distributed upon your death and the persons intended by you to be the beneficiaries of such distribution. It can also name guardians or custodians that you would want to care for minor children and pets after you die. In your Will, you can also appoint the person that will settle your affairs on your behalf – known as an executor.
Part of our mission at ClearEstate, is to democratize estate planning which is why we created a free Will, so that You, and everyone in North America, have the opportunity to plan their end-of-life. We think it is true when we say that the best gift You can leave your loved ones is a well-planned estate.
Creating a Will has legal consequences as it will fully represent your wishes and intentions after you pass away. You must understand the value of your assets and of any assets that you share with others, as your wishes in the Will only apply to the assets to which you have legal rights. You should only complete a Will after understanding your obligations to your dependents and spouse, because if you exclude them, they could make a legal claim against your estate. For your Will to be legally binding, you must be of legal age in the jurisdiction where you live and have full mental capacity when creating it. We have included explanations to help you create your Will. However, each person has unique and particular circumstances, which is why if you have questions or are not sure as to how complete a question, you should reach out to us or seek professional help.
This plan includes information and guidance on platform but doe not include a consultation with an estate professional. The plan provides You with a Will, but it is your responsibility to have the Will notarized and witnessed to give validity to it. This plan does not include notarization services.
5. Your Use of the Platform
Unless you have entered into a distinct written agreement with ClearEstate to that effect, (i) the Platform and the Services are made available to you and provided exclusively for your personal and non-commercial use, (ii) you cannot resell the Services or the use of the Platform. You cannot access and use the Services and the Platform in a manner that competes with ClearEstate's activities.
You must not use on the Platform any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots or other harmful components, files, programs or computer codes designed to interrupt, destroy or limit the functioning of the Platform. You may not attempt to gain unauthorized access to the Platform, an Estate, other computer systems or networks connected to the Platform by password extraction or other means; interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to a person or entity, the user directory or other user information (including any information about a Deceased, its estate or beneficiaries), or data on the use or any portion thereof for purposes other than those used for the Platform.
To use the Platform, you must register and create a personal user account. You must be at least 16 years old to register and create an account. You will need to submit to ClearEstate personal information such as your name, personal address, your work email address, phone number and age, and depending on the type of account you have created, you will be required to register a valid credit card. Your account information must be true, accurate, complete and up-to-date at all times. Otherwise, your access to your account may be suspended or terminated automatically and without notice.
By creating an account, you agree that you may receive communications from us, such as newsletter, promotions, and account reminders and updates. You may unsubscribe to receive optional communications, like marketing messages, but you may not opt-out from essential communications, such as communications regarding the Estate and Services contracted.
You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities that occur under your account. If you become aware of any unauthorized access or activity, whether criminal or illegal, you agree to notify ClearEstate immediately at the following e-mail address: firstname.lastname@example.org.
You can post comments on the Platform about your experience with ClearEstate's Services and express your appreciation of the Platform. You can also send us comments to email@example.com. ClearEstate may review your comments before or after they are posted, delay or prevent their publication and may delete them once posted if they are likely to cause injury or damage to others, or contain personal information or material that may be sensitive, illegal or that go against the Platform's rules of use or ClearEstate's recommendations. The purpose of this moderation is to enforce the rules of use of the Platform and to prevent abuse, but does not diminish your responsibility in any way. You must be the author of your comments and they must not violate the intellectual property rights of others. The comments expressed by a user of the Platform are those of that user and not those of ClearEstate.
By posting comments on the Platform or sending comments to us over any type of media (email, direct messages through the Platform, social media, physical mail, fax), you grant ClearEstate a royalty-free, irrevocable, perpetual, worldwide and non-exclusive license to publish, reproduce and distribute said comments by any means of communication controlled or authorized by ClearEstate, including social media. You hereby waive any moral right you have on or to your published comments and you authorize ClearEstate to modify them to make them easier to understand and to identify you as the author of your comments. ClearEstate is under no obligation to publish your comments or keep them accessible, this decision being at our sole discretion.
ClearEstate requires all users of the Platform and its Services to be respectful and civilized in their comments. You are prohibited from posting comments that are likely to offend or that may expose an individual or group of individuals to hatred or contempt on the basis of race, origin, colour, religion, sex, sexual orientation, age, physical or mental disability or other grounds. Your comments must be of a personal, non-commercial nature. ClearEstate strongly recommends that you do not post comments containing your personal information or that of the Deceased or beneficiaries.
We reserve the right to suspend, and/or terminate, at any time, without warning, full or partial access to the Platform, including your account or any or all Estate(s) you have created on the Platform and any of the transactional pages and any of our pages accessible through certain social media websites, as well as our Services. We additionally reserve the right to discontinue uploading information to such sites, accounts and Estates, in which case we shall not be held responsible for any damages that you may incur. All information on the ClearEstate website and/or Platform is subject to change without prior notice. We may also suspend or terminate our Services and access to the Platform at any time in case of late payment of our fees as set out below in clause 15 Payment.
ClearEstate expects that your use of the ClearEstate Platform and Services for estate administration should result in a settled estate within a 24-month period. On the rare occasion where the administration of the estate requires support beyond twenty-four (24) months, access to the Platform and Services will be extended free of charge.
ClearEstate expects that your use of the ClearEstate Platform and Services for estate planning should result in a complete planning estate within an 8-month period, unless the annual maintenance fee add-on is purchased by the client. On the rare occasion where planning an estate requires support beyond eight (8) months, access to the Platform and Services will be extended free of charge.
ClearEstate reserves the right to withhold Services and/or terminate your access to the Platform if you haven't paid an outstanding invoice for over thirty-one (31) calendar days. ClearEstate will resume Services and your access to the Platform once payment from you is received.
It is your responsibility to provide us with any requested information within thirty (30) calendar days from which we last communicated. If we don't hear from you within thirty (30) calendar days, we reserve the right to terminate your access to the Platform.
If you have agreed to our Services and we have started to provide you with our Services and/or access to the Platform, ClearEstate has the right to charge the applicable fees for those Services provided, including any time spent and costs incurred on behalf of you, even if you (unilaterally or with ClearEstate's consent) agree to early terminate our Services.
8. Executor, Facilitator, Beneficiaries and Professionals
If you are accessing and using the Platform as the Executor of an Estate or its facilitator, you have full control over the management of this specific Estate on the Platform and have the right to invite other users such as beneficiaries and professionals to access this Estate. You are solely responsible for granting access to such users and ClearEstate shall not be held responsible for any damages that you or other people may incur when granting access to an Estate to other users.
If you are accessing and using the Platform as the beneficiary of an Estate or as a professional, you may have limited access to the documents and information which can be available on the Estate. We refer you to the Executor of the Estate if you have any question about the documents and information you would like to access on the Estate.
As part of our standard Services, ClearEstate and the professionals we partner with review the documents and information submitted to the Platform, including the forms filled on or by the Platform and perform the Will validation process (probate). We understand that you may however prefer that your own professional advisors review those documents, information and forms and complete the probate process.
Some estates are more complicated to settle than others. This is often the case when a trust has been established, a will is invalid, the status of the Executor is challenged, or if the property of the Deceased is located in multiple jurisdictions or includes equity in a corporation, partnership or other legal body. If further to our review we believe that settling the estate requires additional, specific or more sophisticated professional services, we will notify you and recommend that you retain the services of Independent Professionals Advisors in order to settle the estate.
We understand that you may however prefer that we continue to assist with the settling of the estate for you. If that is the case, we will retain the services of professionals to address those specific issues. These services will be charged separately. We will seek your approval before applying any additional fees.
Unless you appoint us as your agent, ClearEstate shall not be held responsible for any service or opinion provided to you (via the Platform or otherwise) by professionals appointed by you (such as tax advisors, accountants or lawyers) to assist in settling the Estate and disclaims any liability in connection therewith. Your relationship with such professionals shall be governed solely by your own agreement with them.
The Platform contains hyperlinks that may direct you to the websites of our business partners (such as “StripeTM” or other internet payment services provider and “DocuSignTM” or other electronic signature provider) or other service providers or third parties (such as Independent Professionals Advisors like “Dentons Canada” or other legal or tax advisors). Such third party websites are not under our control, and we are not responsible for the contents of any such website or any link contained in such websites. The third party links included on the Platform are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such website or the products or services offered therein. If you decide to access any of the third party websites, you do so entirely at your own risk. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party website.
Any third-party content, data or publications made available through the Platform are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including legal professionals or tax advisors, are those of the respective author(s) or and not of us. WE DISCLAIM ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
Whenever instructed by you, ClearEstate may act as your agent and rely on the services provided by our business partners to help you settle an estate.
You will indemnify and hold harmless ClearEstate, ClearEstate’s directors, officers, employees, agents and assignees (the “Indemnitees”), from and against any and all losses, claims, damages, liabilities, penalties, levies, assessments, and costs, including any and all legal fees and disbursements (collectively the “Claims”), which may at any time be incurred by or asserted against the Indemnitees, either directly or indirectly from:
You acknowledge that you are using the Platform and that you rely on it at your own risk. To the extent permitted by law, ClearEstate does not offer any warranty of any kind with respect to the Platform and ClearEstate’s Services, all provided "AS IS", “WHERE IS” and “AS AVAILABLE”. THE PARTIES EXPRESSLY EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICES RENDERED, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS THOSE ARISING OUT OF APPLICABLE LAW OR OTHERWISE UNDER THE MARKET OR NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERROR.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT CLEARESTATE IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT OR PUNITIVE DAMAGES OR OTHER TYPES OF DAMAGES (INCLUDING IN PARTICULAR, PROPERTY DAMAGE, LOSS OF INFORMATION, PROGRAMS OR DATA, ECONOMIC LOSSES) ARISING FROM THE USE OF THE PLATFORM, ANY CONTENT PROVIDED, A THIRD-PARTY WEBSITE, OR THAT ARISES FROM ANY ACTS OR OMISSIONS OF A USER, THE INABILITY TO USE OR ACCESS THE PLATFORM, WHETHER CLEARESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH LOSS, OR THAT SUCH DAMAGE OR SUCH LOSS IS REASONABLY FORESEEABLE.
YOU ACKNOWLEDGE AND AGREE THAT CLEARESTATE DOES NOT PROVIDE TAX, ACCOUNTING OR LEGAL SERVICES NOR OPINIONS BUT MAY ACT AS AN INTERMEDIARY BETWEEN PLATFORM USERS AND THIRD PARTY INDEPENDENT PROFESSIONAL ADVISORS, ACTING AS INDEPENDENT CONTRACTORS. CLEARESTATE IS NOT RESPONSIBLE FOR ANY SERVICE OR OPINION PROVIDED TO YOU (VIA THE PLATFORM OR OTHERWISE) BY ANY SUCH INDEPENDENT PROFESSIONAL ADVISORS AND DISCLAIMS ANY LIABILITY IN CONNECTION THEREWITH.
In all cases, you acknowledge that ClearEstate’s total and aggregate liability for such damages that you may claim and that may be granted to you is limited to the value of our agreement with you.
If you are accessing the Platform as a “facilitator”, “beneficiary” or “professional”, ClearEstate's Platform and Services are made available to you because the Executor has registered you as such for a specific Estate and has requested that an invitation be sent and access be granted to you in such capacity and for this specific Estate. Your access to the Platform and ClearEstate's Services will be terminated in the event of the Executor deciding to remove your right to access and use ClearEstate's Platform and Services in respect of this specific Estate. Notwithstanding the fact that your access to the Platform and the Services are granted by or on behalf of the Executor, the Executor will not be liable for any damage you may suffer as a result of your use of the Platform and the Services, and the Executor makes no warranty of any kind regarding the Platform and the Services. Without limiting the foregoing and subject to any written agreement to the contrary between ClearEstate and you, by accessing and using ClearEstate's Platform and Services through your user account, you agree that you are personally responsible for your own acts and omissions.
We comply with applicable laws governing the protection of personal information. In addition, we use encryption techniques to protect the confidentiality of the information exchanged between you and our service provider within transactional pages. We also protect information exchanged when the Platform is accessed through a non-secure platform or in a public location, which could endanger the security of your personal information or the documents or information submitted to the Platform. However, we shall not be held responsible for any damages that you may incur as a result of your access to the Platform under such circumstances.
Telecommunication networks (including the Internet), electronic systems, email or telephone communications (including SMS) are neither secure nor confidential. They can be accessed, lost or intercepted, in much the same way as communications by other means (for example, by post). No electronic system is completely secure or error-free. We shall not be held responsible for any damages that you may incur from using our Platform or from any exchange of e-mail or electronic messages (including SMS), whether originating from you or from us.
To access some of our services, including but not necessarily limited to our Platform, you need an account. You cannot use someone else’s account, login, or password to access any portion of the Platform. Choose your password wisely and keep your account details safe. Sharing it, intentionally or not, makes you liable for any losses due to someone else’s use of your account. You alone are responsible for ensuring the protection and safekeeping of your data when using your computer platforms and devices. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
ClearEstate may, in its sole discretion, audit, analyze, monitor, track and record the activities conducted on the Platform by you and other users. This can include logins and logouts, documents viewed, accessed or deposited, pages and sections accessed and features and functionalities used. ClearEstate does so for record-keeping purposes, to improve the Services and the features and functionalities of the Platform as well as to document the activities conducted on the Platform for law enforcement and legal proceedings purposes.
All web content (including text, illustrations, graphics, images, photographs, audio and video clips, software and codes available on the Platform (collectively, the "Content"), including the manner in which the Content is presented, is protected by Canadian and foreign laws, notably under copyright law, and belongs to ClearEstate. You are prohibited from: (i) using, reproducing, modifying, adapting, translating, downloading or transmitting the Content, in whole or in part, or otherwise permit access; (ii) modifying, removing or covering any trademark or property notice included in or on the Content or the Platform; and (iii) decompiling, disassembling, decrypting, extracting the Platform or performing reverse engineering on the Platform or their components, including, but not limited to, software, or assist anyone in doing the foregoing.
Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Platform may be trademarks belonging to ClearEstate, our business partners, service providers or used with the consent of third-party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Platform. Trademarks and the information contained on the Platform, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.
15.1 Our Fees
Unless expressly stipulated, fees payable for services rendered to third party agents, such as appraisers, realtors, property managers, external attorneys, etc., if needed, are not included. Similarly, costs to transfer real title, taxes, and court/probate fees are payable by the Estate.
For Estate Planning packages, an additional annual subscription fee will be charged upon accepting our Purchase Terms and yearly thereafter.
You agree to submit any disputes regarding any charge to your account in writing to ClearEstate within thirty-one (31) calendar days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
All payments must be made in the manner and by the due date indicated on our Purchase Terms. Should payment not be received within the indicated timeframe, ClearEstate reserves the right to withhold Services and access to the Platform. In any case, ClearEstate reserves the right to withhold Services if payment has not been received within thirty-one (31) calendar days of the date when an account has been created and/or you have expressed interest in hiring ClearEstate. Any payment made by you is to be reimbursed from the Estate.
Payments can be made in US dollars or Canadian dollars, using a credit card issued by Visa™, MasterCard™ or American Express™. Applicable sales taxes may be added to transactions, in accordance with applicable laws.
15.3 Payment Priority
116. Questions, Feedback and Complaints
We value your feedback! Our mission is to serve you, our clients, with all your estate planning and administration needs. Please send an e-mail to email@example.com for any questions regarding the operation of the ClearEstate Platform or feedback on how we can make things better. We can’t promise to implement all requests, but we are committed to listening.
To obtain user support, please contact: firstname.lastname@example.org or call 1-(866) 210-2362 between 9:00am and 5:00pm EST from Monday to Friday (except holidays).
We strive to provide the best service possible. However, if you need to file a complaint about our Services, you can do so by:
E-mailing us at email@example.com
Calling us 1-(866) 210-2362 between 9:00am and 5:00pm EST from Monday to Friday (except holidays).
Mailing us a letter and hard copies at ClearEstate Technologies Inc., 50- 260 Adelaide Street East, Toronto, Ontario, M5A 1N1, Canada.
In order to serve you best and resolve your complaint efficiently, we kindly ask that when you contact us you tell us:
We take complaints seriously and we will try to get back to you promptly. We also ask you that, if we require more information or documents from you, you send those as practical as possible. It is convenient that you keep copies of all relevant documents, such as letters, emails, and notes of our conversations. We will investigate the matter and attempt to give you a decision within thirty (30) calendar days.
If your complaint relates to a payment, you agree to submit any disputes regarding any charge to your account in writing to ClearEstate within thirty-one (31) calendar days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
17. Accessibility at ClearEstate
ClearEstate is committed to ensure a safe and accessible environment that respects the independence, integration, equal opportunity and dignity of people with disabilities. You can provide us with feedback regarding the provision of services to individuals with disabilities by emailing us at firstname.lastname@example.org or call 1-(866) 210-2362 between 9:00am and 5:00pm EST from Monday to Friday (except holidays).
1818. Governing Law
19. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
19.1. Dispute Resolution and Arbitration
If you are acting as a business, the provisions contained in clauses 19 and 20 will apply.
Notwithstanding the clause 19.1. (Dispute Resolution and Arbitration) above, you and ClearEstate both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (i) bring an individual action in a small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in the jurisdiction where you residence contain provisions that are more beneficial for you, such provisions shall apply.
If you reside in Ontario or Quebec, you also have the right to submit a claim to the competent Court of Justice of your jurisdiction.
19.3. Option to Opt Out of Arbitration
19.4. Arbitration Rules
Either you or we may start arbitration proceedings. Any arbitration between you and ClearEstate will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by the Agreements, and will be administered by the International Court of Arbitration of the ICC.
The ICC Rules can be found here https://iccwbo.org/dispute-resolution-services/arbitration/rules-of-arbitration/
Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law where you reside, the law to be applied in any arbitration shall be the law of Ontario, without regard to choice or conflicts of law principles, and the seat of the arbitration shall be Toronto, Ontario, unless a mandatory applicable law where you reside stipulates a different seat.
19.5. Time for Filing
Any arbitration must be commenced by filing a demand for arbitration within ONE (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator's decision and award, neither you nor ClearEstate shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
To the fullest extent permissible by law in your jurisdiction, both, you and ClearEstate acknowledge and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and ClearEstate, each waive any right to a jury trial.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND CLEARESTATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and ClearEstate agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
21. Entire Agreement
You shall not assign or transfer your rights or obligations under this Term of Use or under any other document executed between you and ClearEstate without ClearEstate's prior written consent, which consent shall be at our sole discretion. ClearEstate may, without restriction, assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion.
26. Third Party Beneficiary
Neither party hereto shall argue that an agreement was not formed hereunder based on either (i) the use of electronic means to indicate acceptance of these Terms; or (ii) the fact that any signature or acceptance of this agreement was transmitted or communicated through electronic means; and each party forever waives any related defence.
28. Territorial Restrictions
You represent and warrant that (i) you are not located in a jurisdiction subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. ClearEstate services are intended to be primarily used within North America.
29. Force Majeure
30. English Language