TERMS OF USE

Effective Date: May 18, 2026

Welcome to The Insolvency Report (the “Website”), owned and operated byPaul J. Franchi, J.D., MBA, CIRP, LIT (“Paul Franchi,” “we,” or “us”). By accessing or using this Website, you agree to be bound by these Terms of Use (the “Terms”). If you do not agree to these Terms, you may not use the Website.

1. Use of the Website

“Use” of or “using” the Website includes browsing, accessing, or using all or any portion of the Website and its content. Your use of the Website is for informational purposes only. The information provided on this Website is for general reference on matters of interest only. It is not intended to address the circumstances of any particular case, nor should it be construed as creating a professional relationship between you and Paul J. Franchi or Bromwich+Smith. Users should not rely on this information as a substitute for professional advice tailored to their specific situation.

2. Professional Status & Independent Views

  • Employment: Paul Franchi is an employee of Bromwich+Smith.
  • Licensed Insolvency Trustee: Paul Franchi is a Licensed Insolvency Trustee in the Province of Ontario, licensed by the Office of the Superintendent of Bankruptcy Canada.
  • Independence: Views, analyses, and content on this Website are independent and may not reflect the opinions or positions of Bromwich+Smith.
  • OSB Disclaimer: Paul Franchi does not engage in the practice of law and does not provide legal advice.
    • Use of this Website, including sending emails, correspondence, or speaking with Paul Franchi, does not establish a lawyer-client relationship or a Trustee-debtor relationship.
    • Information sent to Paul Franchi via the Website is not protected by solicitor-client privilege.

3. Intellectual Property

  • All content on the Website—including text, graphics, images, videos, audio, and design—is owned by Paul Franchi or licensed to him and is protected under Canadian and international copyright laws.
  • You may view, print, or electronically copy content for personal, non-commercial use only, provided all copyright notices remain intact.
  • Prohibited activities include:
    • Resale, licensing, or commercial use of content.
    • Data scraping, mining, or automated collection of content.
    • Decompiling, reverse engineering, or modifying Website materials.
    • Framing, mirroring, or embedding content on other websites without written permission.

4. Submissions & User Content

  • By posting or submitting content (e.g., comments or social media contributions), you grant Paul Franchi a perpetual, royalty-free, irrevocable, worldwide license to use, reproduce, modify, adapt, distribute, and display such content.
  • You represent and warrant that your submissions do not infringe any intellectual property rights, violate any law, or contain offensive or harmful material.
  • Paul Franchi reserves the right to remove any content deemed inappropriate or non-compliant.

5. Privacy

Use of personal information is governed by our Privacy Policy. By using the Website, you consent to the collection, use, and disclosure of information as described in that policy.

6. Third-Party Links and Interactions

  • The Website may contain links to third-party websites for convenience. These links do not constitute endorsement, and you access such sites at your own risk.
  • Any dealings with third parties—including merchants or advertisers—are solely between you and the third party, and Paul Franchi is not responsible for any loss, damage, or dispute arising from those interactions.

7. Disclaimers

  • The Website and its content are provided “as is” and “as available” without any warranties of any kind.
  • Paul Franchi does not warrant accuracy, completeness, reliability, or fitness for a particular purpose of the content.
  • Your use of the Website is at your own risk, and you assume all responsibility for any reliance on content provided.

8. Limitation of Liability

  • Paul Franchi shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising from the use or inability to use the Website or its content.
  • If applicable law does not permit exclusion of certain warranties or liabilities, limitations will apply only to the maximum extent permitted.

9. Indemnity

You agree to indemnify and hold harmless Paul Franchi and his affiliates, officers, heirs, and employees from any claims, damages, or losses arising out of:

  • Your violation of these Terms; or
  • Your use of the Website, including your submissions or interactions with third parties.

10. Hyperlinking

  • You may link to the Website’s home page, provided:
    • You do not replicate content or imply endorsement.
    • You do not frame the site or create a misleading impression.
    • Your site is free of offensive or unlawful content.
  • Paul Franchi reserves the right to withdraw hyperlink permissions at any time.

11. Termination

Paul Franchi may suspend or terminate your access to the Website at any time for violation of these Terms. Termination does not affect obligations or rights accrued prior to termination.

12. Applicable Law & Jurisdiction

  • These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
  • Any disputes arising out of or relating to these Terms must be filed and adjudicated exclusively in the courts of Toronto, Ontario, to which you irrevocably consent.

13. Changes to Terms

  • Paul Franchi reserves the right to modify these Terms at any time.
  • Continued use of the Website after changes constitutes acceptance of the updated Terms.

14. Miscellaneous

  • These Terms, along with referenced policies, constitute the entire agreement between you and Paul Franchi regarding the Website.
  • If any provision is found invalid or unenforceable, remaining provisions remain in effect.
  • No waiver by Paul Franchi of any provision will constitute a waiver of future rights.

15. Contact

If you have questions regarding these Terms or the Website, contact us via the Website Contact Page.