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By accessing or using services provided by MFJ Associates ("MFJ", "we", "us"), you agree to these Terms of Service. If you do not agree, do not use our services.
We provide consulting and technology services as described in our proposals, statements of work, or other written agreements. Specific deliverables, timelines, and fees are defined per engagement.
You are responsible for safeguarding credentials you control and for all activity that occurs under accounts you own or control. You will notify us promptly of any unauthorized access or security incident affecting shared systems we manage together.
You must not use our services for unlawful, harmful, or abusive activities. Do not attempt to disrupt, probe, or bypass security of systems not owned by you without authorization. Do not infringe third‑party rights, including intellectual property and privacy rights.
Unless otherwise agreed in writing, pre‑existing intellectual property (IP) remains with its original owner. Project‑specific deliverables, assignment of rights, and licensing terms will be governed by the applicable statement of work or written agreement.
Our work may integrate third‑party services or software. Those services are subject to their own terms and privacy policies; you should review them. We are not responsible for third‑party policies, availability, or performance.
We process personal information in accordance with applicable Canadian and provincial privacy laws. For personal information collected, used, or disclosed in the course of our services, MFJ will implement reasonable administrative, technical, and physical safeguards proportionate to the sensitivity of the information. Where PIPEDA or other federal privacy rules apply, those rules will govern; where provincial legislation (including Ontario‑specific rules) applies to regulated sectors, we will comply with the applicable provincial law. Any special‑handling requirements for sensitive categories of data must be agreed in writing.
To the maximum extent permitted by applicable law, services are provided "as is" and "as available." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement, except where such disclaimers are unenforceable under applicable law.
To the maximum extent permitted by applicable law, MFJ will not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption. Our aggregate liability arising under these Terms will not exceed the fees paid to us for the services giving rise to the claim in the 12 months preceding the event. This limitation does not apply to liability that cannot be limited by law (for example, liability for fraud or wilful misconduct where limitation is prohibited).
You agree to indemnify, defend, and hold MFJ harmless from claims, liabilities, losses, and expenses (including reasonable legal fees) arising out of your misuse of the services, breach of these Terms, or violation of applicable law.
Fees are payable in the currency specified in the applicable agreement (commonly CAD for Ontario engagements) and are exclusive of applicable taxes. You are responsible for any taxes, levies, or duties imposed by federal, provincial, or local authorities, except taxes on our net income.
Either party may terminate the services as provided in the applicable agreement. Termination does not relieve either party of obligations accrued prior to termination. Sections intended to survive termination (for example, Intellectual Property, Limitation of Liability, Indemnification, and Governing Law) will remain in effect.
If you are a consumer in Ontario, certain statutory protections may apply (for example, under the Consumer Protection Act, 2002 and related provincial rules). Nothing in these Terms is intended to remove or reduce any rights afforded to consumers by mandatory provincial consumer protection legislation.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. For disputes that cannot be resolved amicably, the courts of Ontario will have exclusive jurisdiction unless the parties agree otherwise in writing. Where required by applicable consumer protection law, dispute resolution provisions will comply with those statutory requirements.
We may update these Terms from time to time. Updated Terms will be posted with a new effective date. For active engagements, material changes that adversely affect ongoing services will be brought to your attention and handled according to the applicable agreement.
Questions about these Terms or notices required under them should be sent to mfj@earthling.net.