1. Acceptance of Terms
By accessing and using the website of DisabilityWise (the “Firm” or “We”), located at disabilitywise.ca (the “Site”), you agree to be bound by these Terms of Service and Disclaimer (“Terms”). If you don’t agree to these Terms, you must not use or access the Site. We reserve the right to modify these Terms at any time by posting changes to the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
2. No Client-Representative Relationship Created
THIS IS THE MOST IMPORTANT SECTION. PLEASE READ CAREFULLY.
2.1. No Professional Legal Advice
The content on the Site, including all text, graphics, videos, articles, and frequently asked questions (FAQs), is for general informational purposes only. It isn’t intended to, and doesn’t constitute, professional medical, legal, or financial advice.
DisabilityWise is a professional legal services and case management firm headed by practicing paralegal Josh Brent Pugen. DisabilityWise provides lead generation, funnel management, disability case assessments, case formulation, and ongoing communication management. DisabilityWise is not itself a law firm. Legal representation before courts or administrative tribunals is provided through our independent network of partner lawyers.
2.2. No Relationship
Your access to, or use of, the Site, including completing a free assessment, sending an email, or calling the toll-free number, doesn’t create a formal client-representative relationship between you and the Firm, its licensed paralegal, or any of its partner lawyers, case managers, or advocates.
2.3. Information Sharing Warning
Don’t send us any sensitive personal, financial, or medical information via the Site, email, or voicemail message unless you’ve received express written confirmation from a case manager at the Firm that a formal engagement process has begun. Unsolicited information may not be treated as confidential.
2.4. Formal Engagement
A client-representative relationship is only created when the Firm specifically agrees to take on your file, and you have signed a formal, written Retainer / Client Services Agreement outlining the scope of our services, the involvement of our partner network lawyers, and the fee structure.
2.5. Changes to the Terms
DisabilityWise reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will post the updated Terms on this page with a new “Last Updated” date. It is your responsibility to review the Terms periodically. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
3. Disclaimer of Warranties
3.1. Content Accuracy
While the Firm makes reasonable efforts to ensure the accuracy and currency of the information on the Site, we don’t warrant or guarantee the completeness, accuracy, reliability, or timeliness of any material on the Site. Disability and insurance matters are complex and highly fact-specific.
3.2. “AS IS” Basis
The Site and all content are provided on an “AS IS” and “AS AVAILABLE” basis without any representations, warranties, or conditions of any kind, whether express, implied, or statutory. Use of the Site is at your own risk.
4. Website Use and Eligibility
4.1. Eligibility
The Site is intended for use by individuals who are residents of Canada and are over the age of majority in their province or territory of residence. By using the Site, you represent and warrant that you meet these eligibility requirements.
4.2. Permitted Use
You are granted a limited license to access and view the Site solely for the purpose of seeking information about DisabilityWise’s services, making contact, or conducting other business with the Firm.
4.3. Territoriality
The services described on this Site are aimed at Canadian residents. The laws and regulations applicable to long-term disability claims vary by province, and the information provided is not tailored to any specific jurisdiction outside of Canada.
5. Limitation of Liability
IN NO EVENT SHALL THE FIRM, ITS PRINCIPALS, LICENSED PARALEGALS, CASE MANAGERS, EMPLOYEES, AGENTS, PARTNER NETWORK LAWYERS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, EXPENSE, OR LIABILITY OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SITE OR THE RELIANCE ON ANY CONTENT.
6. Communication and Privacy
6.1. Privacy Policy Reference
Your use of the Site is also governed by our Privacy Policy, which details how we collect, use, and protect your personal information. You acknowledge that you have read and agree to the terms of our Privacy Policy, which is available at Privacy Policy.
6.2. Electronic Communication
By providing your phone number and email address via the Site (such as through a contact form or free assessment), you consent to be contacted by the Firm via email, phone, and text message (SMS) for the purpose of scheduling your consultation, confirming your request, conducting case assessments, and discussing your potential claim.
6.3. Security Risks
The internet, including electronic mail and website forms, is not a fully secure medium. While we take measures to protect your data, the Firm cannot guarantee the security of any information you transmit over the internet before a formal engagement is signed. You accept the risk of communicating with us electronically.
6.4. Opt-Out
If you wish to opt-out of receiving future electronic communications (e.g., promotional emails or text messages), you can do so by clicking the “unsubscribe” link in the email or by replying “STOP” to a text message.
7. Intellectual Property Rights
7.1. Ownership
All content on the Site, including the name “DisabilityWise,” logos, graphics, text, and overall design (“Intellectual Property”), is the exclusive property of the Firm or its content suppliers and is protected by Canadian and international copyright and trademark laws.
7.2. Limited License
You’re granted a limited, non-exclusive, non-transferable license to access and view the content on the Site for your personal, non-commercial use only.
7.3. Prohibited Use
You may not reproduce, republish, distribute, sell, modify, translate, or create derivative works of any content on the Site without the express written permission of the Firm.
8. Links to Third-Party Sites
The Site may contain links to third-party websites for your convenience. The Firm doesn’t endorse the information contained in these websites, nor does it guarantee their quality, accuracy, reliability, completeness, or fitness for any purpose. We assume no responsibility for the content, policies, or practices of any third-party websites.
9. User Conduct and Prohibited Use
You agree that you won’t use the Site for any unlawful purpose or any purpose prohibited by these Terms. Prohibited activities include, but aren’t limited to:
Attempting to interfere with the Site’s operation or security.
Posting, transmitting, or uploading any material that is defamatory, obscene, or illegal.
Using any automated means (like bots or scrapers) to access, download, or collect data from the Site.
10. Indemnification
You agree to indemnify, defend, and hold harmless DisabilityWise, its principals, licensed paralegals, officers, agents, employees, partner network lawyers, and affiliates from and against any and all claims, liabilities, costs, damages, and expenses (including reasonable legal fees) arising out of or related to:
Your violation of these Terms or any applicable laws or regulations.
Your use of the Site, including any information you submit or transmit through the Site.
Any content you post or share on the Site or through our communication channels.
11. Governing Law and Jurisdiction (Canada)
11.1. Governing Law
These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of law principles.
11.2. Jurisdiction
You agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of any disputes.
12. Contingency Fee Information and Service Structure
The Firm, in coordination with its partner network lawyers through established cost-sharing arrangements, facilitates LTD services on a contingency fee basis (“No Win, No Fee”). This means the client only pays legal/service fees if the case is successful (by settlement or judgment).
DisabilityWise manages your case from lead generation, initial assessment, and case formulation, through to lawyer assignment and ongoing client communication oversight. Specific details, including fee percentages, the calculation of disbursements (out-of-pocket expenses), and the roles of DisabilityWise and retained partner lawyers, are entirely governed by the formal, written Client Services Agreement signed by all parties. The Site’s general discussion of “No Win, No Fee” isn’t a substitute for the Client Services Agreement.
13. Contact Information
If you have any questions about these Terms, please contact us at:
DisabilityWise
Email: [email protected]
Phone: 1 (844) 893-6804