Terms of Use

Last Updated: December 19, 2023.

A Farber & Partners Inc. and A. Farber Associates (“Farber” or “we” or “us”) provide you access and use of our websites, including afarber.com (collectively, the “Website”), subject to your compliance with these Terms of Use (the “Terms”). Please read these Terms carefully, as they contain important information regarding your legal rights, remedies, and obligations. If you are accessing and/or using the Website on behalf of your employer or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind your employer or the third party to these Terms. “Use” of or “using” the Website includes browsing, using, or accessing all or any part of the Website and any content offered therein.

BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. If you do not agree to be bound by these Terms or you do not have the authority to agree to or accept these Terms, you may not use the Website.

Additional policies and terms may apply to use of specific portions of the Website and are deemed included as part of these Terms. Such additional policies and terms will be made available when accessing the applicable portion of the Website. Please review such policies and terms prior to continuing to use the applicable portion of the Website.

These Terms apply exclusively to your access to, and use of, the Website and do not alter in any way the terms or conditions of any other agreement you may have with Farber for products, services, or otherwise.

To learn about our privacy practices, and how we collect, use, and disclose personal information, please refer to our Privacy Policy and our Cookie Notice. By using the Website, you are consenting to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy and our Cookie Notice.

WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME UPON 30 DAYS’ NOTICE TO YOU. We may notify you of such changes by any reasonable means including: (i) posting of a new version of these Terms or a change notice posted on the Website; and/or (ii) an email notification to you. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY TO CHECK FOR CHANGES. Your continued use of the Website following the effective date of any such changes will mean that you accept and agree to such changes. If you do not agree to such changes, you must stop using the Website following the effective date of such changes.

Limited License. Farber grants you a limited license to view the Website, to print or electronically copy individual pages or other text-based materials from the Website, and to distribute said pages or other text-based materials for the sole purpose of using them for informational and non-commercial purposes, provided that any material copied remains intact and that all copies include the following notice in a clearly visible position: Copyright © 2023 Farber Debt Solutions and Farber^TM. All rights reserved.” These materials may not be copied or redistributed for commercial purposes or for compensation of any kind without our prior written permission. This license is conditional on your strict compliance and acceptance without modification of these Terms. If you have questions about these Terms or would like information about licensing materials from Farber, please email privacy@afarber.com.

This license does not include, without limitation: (a) any right to resale or commercial use of the Website or any materials contained therein; or (b) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website materials or to scrape or collect any information from the Website. You agree that you will not damage, disable, overburden or impair the website or interfere with any other party’s use and enjoyment of it For greater clarity, you are prohibited from conducting any of the following:

Links to the Website. You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Website, provided such link does not portray Farber or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing or in-line linking techniques to enclose any Website materials, Farber trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page, or form contained on a page without our express written consent. All other linking to the Website or material contained therein is prohibited without our prior written consent.

Intellectual Property. All content of the Website and other materials available through the Website, including without limitation, the Farber logo, design, text, display, graphics, video, other multimedia, and other files, and the selection, arrangement and organization thereof, are, unless otherwise noted, either owned by us or are the property of our licensors and suppliers. Except as explicitly provided, your use of the Website does not grant you any right, title, or interest in or to any such materials, and you are not conveyed any right or license by implication, waiver, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Farber or any third party.

The names “FARBER” and “FARBER DEBT SOLUTIONS” and all Farber product and service names, logos, graphics, page headers, button icons, scripts, and all registered and unregistered marks and service names used by Farber are trademarks, service marks, trade names, and/or trade dress of Farber or its affiliates (collectively “Farber’s Marks”). You may not use Farber’s Marks for any reason or purpose whatsoever. All trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Farber. You may not use any meta tags or any other “hidden text” utilizing Farber’s Marks without our express written consent.

Unsolicited Idea Submission. Any product or branding ideas, suggestions, feedback, technologies, or other information that you communicate to us (a “Submission”) may be accepted on the basis that you agree to the following: (i) the Submission is non-confidential and non-proprietary, and will become our sole property; (ii) we are not obligated to return any materials relating to the Submission; (iii) all rights, titles, and interests in your Submission are hereby assigned to us; and (iv) we are entitled to use or disseminate the Submission for any purpose, including commercial purposes, without acknowledgment or compensation to you or any third party.

Third-Party Links. We make no representation or warranty regarding, and accept no responsibility for, the accuracy, timeliness, suitability, quality, content, nature, reliability, or any other aspect of third-party websites or content accessible by hyperlink from the Website, or third-party websites linking to the Website. Unless otherwise noted, we neither monitor nor endorse such third-party websites or content, and any hyperlinks thereto are provided for your reference only and are used at your own risk.

No Relationship. In making this Website available, no client, advisory, fiduciary or professional relationship is implicated or established and neither A. Farber & Partners Inc., and nor Farber Debt Solutions (collectively known as “Farber”) nor any other person is, in connection with this Website, engaged in rendering insolvency, accounting, tax, legal, advisory, consulting or other professional services or advice. Neither this Website nor any content on or accessed through this Website shall be considered a substitute for independent investigations and sound technical and business judgment. You should consult with a professional advisor familiar with your particular factual situation for advice or service concerning specific matters.

No Endorsement. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Farber.

Disclaimer. The following does not affect any warranties that cannot be excluded or limited under applicable law, including the legal warranty provided under Quebec law:

YOUR USE OF THE WEBSITE, INCLUDING ITS CONTENT, IS AT YOUR OWN RISK AND THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FARBER, NOR ANY PERSON ASSOCIATED WITH FARBER, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENT.

WITHOUT LIMITING THE FOREGOING, NEITHER FARBER NOR ANYONE ASSOCIATED WITH FARBER REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FARBER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL FARBER BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF ANTICIPATED SAVINGS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH FARBER’S OPERATION OF THE WEBSITE OR WITH THE USE OR INABILITY TO USE THE WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE WEBSITE, EVEN IF FARBER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FARBER (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED $5 OR THE COMPENSATION YOU PAID FARBER DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN WHICH SUCH LIABILITY ARISES, WHICHEVER IS LESS. YOU ACKNOWLEDGE THAT IF YOU DO NOT PAY FEES TO FARBER FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FARBER, REGARDLESS OF THE CAUSE OF ACTION.

SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH PROHIBITIONS.

You hereby indemnify, defend, and hold harmless Farber and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, and representatives and their respective heirs, successors, and assigns (“Faber Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Farber and/or Farber Indemnified Parties in connection to any claims arising out of your use of the Website and/or any breach by you of these Terms. Farber reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website if you violate any of these Terms. Upon such termination, the Terms shall continue to apply to your prior use.

If you initiate engagement of our services, you may receive periodic email communications regarding our services or updates or changes to these Terms, which you may opt out of receiving.

You may also receive periodic promotions and other offers or materials Farber believes might be of interest to you. You can control the forms of communications you consent to receiving these promotional messages at any time by following the instructions contained at the bottom of each email, including an option to unsubscribe.

If you engage our services, you consent to receive communications from us electronically. We will communicate with you by e-mail or another form of communication that is mutually acceptable. You may update your email address by contacting us at privacy@afarber.com. If you do not provide us with accurate information, we cannot be held liable if we are unable to successfully notify you. Any other notices or communications to Farber under these Terms should also be sent to that address.

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Children. This Website is designed for and intended for use by adults. If you are under 18, you may use the Website only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Website by children, minors and others under your care. You agree to be responsible for their use of the Website.

Applicable Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario (Canada) and to the laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or provincial courts located in Toronto, Ontario (Canada), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.

Entire Agreement. These Terms, and/or any other valid agreement between you and Farber for use of the Website, constitute the entire agreement between you and Farber and govern your use of the Website, superseding any and all prior agreements, negotiations, and communications (whether written, oral or electronic) between you and Farber with respect to the subject matter hereof. No change, modification, or waiver of the Terms will be binding on Farber unless accepted by Farber in writing. Any rights not otherwise expressly granted under the Terms are reserved by Farber and its licensors.

Severability. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waivers. No waiver, express or implied, by Farber of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Assignment. We may assign or transfer these Terms, including any of our rights or obligations hereunder, at any time, with or without prior notice to you. These Terms and all of your rights and obligations hereunder will not be assignable or transferable by you without our prior written consent. These Terms will be binding upon and will inure to the benefit of the parties, their successor and permitted assigns.

Language. The parties hereto acknowledge having expressly required that the Terms and all related policies and terms are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les Conditions et règlements du site ainsi que toutes les politiques et règles s’y rapportant soient rédigées en anglais.

If you have any questions, feedback, comments, requests for technical support, or other communications relating to the Website or our services, please contact your nearest Farber office listed at the coordinates listed on the Contact Us page or by writing to us at:

Farber
1220 Sheppard Avenue East, Suite 300
Toronto, ON, Canada M2K 2S5

Email: privacy@afarber.com
Fax: 416.496.9651
Attention:  Privacy Officer