Terms of Service

Last Updated: January 4, 2026

These Terms of Service (“Terms”) govern your access to and use of the website whitenbaker.com and the services offered by Whiten Baker LLP (“we,” “us,” “our,” or “the firm”). By accessing this website, you agree to be bound by these Terms. If you do not agree, do not use this site.

1. Nature of Services & No Legal Representation

1.1 Informational Services Only (Unless Formally Engaged)

Accessing Whiten Baker LLP’s website and submitting information through it does not create an attorney-client relationship. Our website is for informational purposes only. Until you and the firm have executed a formal engagement letter or retainer agreement, no legal representation or attorney-client relationship exists.

1.2 Consultation vs. Representation

A preliminary consultation or case review does not constitute legal representation. We may decline to represent you at any time before a formal engagement agreement is signed. If we agree to represent you, that engagement will be documented in a separate, signed agreement that supersedes this Terms of Service.

1.3 Scope of Services

When formally engaged, Whiten Baker LLP provides specialized services including:

• Bad faith claims analysis and documentation
• Forensic investigation of claim files
• Demand package development
• Litigation support and attorney referral coordination

We do not provide general legal advice, tax advice, accounting advice, or any services outside the scope of our formal engagement agreement.

2. Confidentiality & Privilege Limitations

2.1 Information You Submit

When you submit claim information, documents, or case details through this website or via email, you should understand:

• Attorney-Client Privilege: Information is protected by privilege only if you have a formal engagement agreement with the firm and the communication is made in contemplation of legal representation.
• Website Submissions: Information submitted through the website contact form is not automatically privileged unless a prior attorney-client relationship exists.
• Email Communications: Email communications are protected by privilege only after formal engagement.

2.2 No Unsolicited Work Product

We do not accept unsolicited claim files or sensitive documents through the website. If you have sensitive or confidential information to share, contact us by phone or email to establish appropriate confidentiality protocols before sending materials.

2.3 Third-Party Disclosure

Without an active engagement agreement and your written consent, we will not disclose information you submit to us. However, if we are required by law, court order, or regulatory authority, we will comply with such disclosure obligations.

3. Acceptable Use & Prohibited Conduct

3.1 You Agree Not To:

• Access or use the website for any unlawful purpose
• Harass, threaten, abuse, or defame any person through the site
• Submit malicious code, viruses, or malware
• Attempt to gain unauthorized access to the site or systems
• Interfere with or disrupt the operation of the website
• Scrape, harvest, or automatically collect data from the site
• Impersonate any person or entity
• Submit false or misleading information
• Violate any applicable laws or regulations

3.2 Enforcement

We reserve the right to suspend or terminate your access to the website if you violate these Terms, without notice or liability. We may also pursue legal remedies available under Ontario law.

4. Intellectual Property Rights

4.1 Website Content

All content on whitenbaker.com — including text, graphics, logos, images, and software — is owned by Whiten Baker LLP or its licensors and is protected by copyright, trademark, and other intellectual property laws.

4.2 Limited License to You

You may view and download content for personal, non-commercial use only. You may not:

• Reproduce, distribute, or transmit content without permission
• Modify, adapt, translate, or create derivative works
• Sell, license, or otherwise commercially exploit content
• Remove copyright, trademark, or other proprietary notices

4.3 Client Work Product

Any analysis, reports, demand packages, or litigation-ready documentation created by Whiten Baker LLP for a formally engaged client remains the intellectual property of the firm unless otherwise agreed in the engagement agreement. Clients may use such work product only for the specific purpose authorized in their engagement.

5. Limitation of Liability & Disclaimers

5.1 Disclaimer of Warranties

This website and all content are provided “as is” without warranty of any kind, express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy, completeness, or reliability of information
• Uninterrupted or error-free service
• Freedom from viruses or malicious code

We do not warrant that the website will meet your needs or be available at any specific time. Use of information from this website is entirely at your own risk.

5.2 Limitation of Damages

To the maximum extent permitted by law, Whiten Baker LLP shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunity
• Any damages arising from your reliance on website content or services
• Any damages arising from viruses, malware, or security breaches
• Any damages arising from the website’s unavailability or malfunction

Our total liability for any claim related to this website shall not exceed $100 CAD. Some jurisdictions do not allow limitations on liability, so this limitation may not apply to you.

5.3 Third-Party Links

This website may contain links to third-party websites, resources, and services. We do not endorse, control, or assume responsibility for the content, accuracy, or practices of external sites. Your use of third-party sites is governed by their own terms of service and privacy policies.

5.4 No Guarantee of Outcome

We do not guarantee any specific outcome in a claim, litigation, or case. The information on this website is educational and does not predict or guarantee any results. Each claim is unique and outcomes depend on individual circumstances, evidence, and legal arguments.

6. Indemnification

You agree to indemnify, defend, and hold harmless Whiten Baker LLP, its officers, directors, employees, and agents from any claim, damage, loss, or expense (including attorney’s fees) arising from:

• Your use of this website in violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property right
• Any false, misleading, or defamatory information you submit

7. User-Submitted Information

7.1 License to Use

When you submit information, documents, or content to us through the website or otherwise, you grant Whiten Baker LLP a non-exclusive, royalty-free license to use, reproduce, and distribute that information as necessary to evaluate your case, conduct our services, and communicate with you.

7.2 Accuracy of Information

You represent and warrant that all information you provide is accurate, complete, and truthful. You are responsible for any consequences arising from false or misleading information you submit.

7.3 Sensitive Documents

If you submit claim files, insurance documents, or other sensitive materials, you acknowledge that:

• You are the owner or authorized agent with the right to share this information
• You understand the risks of transmitting sensitive information electronically
• We will handle such information securely but cannot guarantee absolute protection

8. Modifications to Terms & Services

8.1 Right to Modify

Whiten Baker LLP reserves the right to modify these Terms at any time. Changes become effective immediately upon posting to the website. Your continued use of the website following any changes constitutes your acceptance of the modified Terms.

8.2 Service Changes

We reserve the right to modify, suspend, or discontinue services or features at any time without notice or liability.

9. Termination of Access

We reserve the right to terminate or suspend your access to this website at any time, without notice or liability, for any reason including:

• Violation of these Terms
• Illegal or unethical conduct
• Harassment or abuse of our staff
• Submission of false or misleading information
• Any other conduct we determine, in our sole discretion, is inappropriate

10. Entire Agreement & Severability

10.1 Entire Agreement

These Terms, together with any formal engagement agreement you sign with the firm, constitute the entire agreement between you and Whiten Baker LLP regarding your use of this website and our services. These Terms supersede all prior agreements, understandings, and communications.

10.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

11. Governing Law & Jurisdiction

These Terms are governed by the laws of Ontario, Canada, and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the Ontario courts for any dispute arising from these Terms or your use of this website. You waive any objection to jurisdiction or venue in Ontario courts.

12. Contact & Dispute Resolution

Before pursuing legal action, we encourage you to contact us to attempt to resolve any dispute informally. If informal resolution is unsuccessful, disputes will be resolved exclusively in Ontario courts.

---

By using whitenbaker.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, discontinue use of this website immediately.