YOU AGREE TO READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.
Use of the MLT Web Site signifies
your unconditional agreement to the terms and conditions of this Agreement.
If you do not agree to these terms and conditions of use, do not access
or otherwise use the MLT Web Site.
1. Acceptance by You
This Agreement is entered
into between you and MacPherson Leslie & Tyerman LLP ("MLT LLP"). This
Agreement governs your use of, collectively, the MLT LLP Web Site and
its contents (the "MLT Web Site"). For greater certainty, you agree
that each time you use the MLT Web Site you signify your continuing
acceptance and agreement (and the continuing acceptance and agreement
of any person or entity you represent) to be bound by the terms and
provisions of this Agreement. You further warrant and represent to MLT
LLP that you have the legal authority to accept, agree to and be bound
by this Agreement on behalf of yourself and any person or entity that
you represent.
2. The MLT Website Does
Not Constitute Professional Advice
The MLT Website is provided
to you for information only. You expressly acknowledge and agree that
the information contained on the MLT Web Site is only intended to be
general in nature, and is not intended to provide legal advice (or any
other kind of advice), nor is the same to be construed as an offer by
MLT to sell the professional services of MLT to you, or to any other
person or entity. As such, you further acknowledge and agree that you
should seek qualified professional advice before acting (or failing
to act) upon any information provided on or though the MLT Web Site.
3. Absolutely No Relationship
Created Via Use of the MLT Website
You agree that absolutely
no solicitor-client, professional, consulting, advisory or fiduciary
relationship is created, or is deemed to have been created, by this
Agreement or your use of the MLT Web Site, nor as the result of any
communication by you with an MLT lawyer or any MLT employee through
the MLT Web Site. You further agree that the MLT Web Site may not be
used by you to request legal advice, or to transmit to MLT any confidential
information, as the same (1) may not be secure (2) may not remain confidential
and/or (3) may not be protected by solicitor-client privilege. As is
the case with use of the Internet and e-mail delivery generally, you
acknowledge that you should not send confidential, proprietary or other
commercially sensitive information electronically unless you have first
taken appropriate precautions to protect such information.
4. Disclaimer
MLT LLP DOES NOT ACCEPT ANY
LIABILITY WHATSOEVER FOR YOUR USE OF THE MLT WEB SITE. THE MLT WEB SITE,
INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION
MADE AVAILABLE ON OR ACCESSED THROUGH THE MLT WEB SITE, IS PROVIDED
ON AN 'AS IS' BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MLT LLP
MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS
MADE ACCESSIBLE BY THE SOFTWARE USED ON, OR ACCESSED THROUGH, THE MLT
WEB SITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEB SITES OR FOR ANY
BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION
THROUGH THE MLT WEB SITE OR ANY LINKED SITE. FURTHER MLT LLP DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MLT LLP DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS
OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, OR THAT
DEFECTS WILL BE CORRECTED. MLT LLP SHALL NOT BE LIABLE FOR THE USE OF
THE MLT WEB SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY
ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
MLT LLP SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF OR ACCESS TO THE MLT WEB SITE OR FOR ANY
INFORMATION OBTAINED THROUGH THE MLT WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MLT LLP OR ANY OF ITS AGENTS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
5. Ownership & Use of
the MLT Web Site
The MLT Web Site is now,
and shall at all times remain, the sole property of MLT LLP. Canadian
and international copyright, trade-mark, and other laws protect the
MLT Web Site, including all of its content. The MLT Web Site is being
made available for your lawful use only. No portion of the MLT Web Site
may be copied, reproduced, transmitted, modified or distributed in any
way, in whole or in part, without the prior written consent of MLT LLP,
save and except that you may, for your personal, non-commercial and
lawful use only, print or download MLT Web Site pages PROVIDED ALWAYS
that you do not in any way amend, modify or change the content and that
any MLT LLP or other identification, marks, notices or disclaimers remain.
Your use of the MLT Web Site, or any portion thereof, shall not in any
way transfer or assign to you, or be deemed to in any way transfer or
assign to you, any ownership or other rights in the MLT Web Site or
any portion of the content thereof. For greater certainty, Copying or
storing of any content on the MLT Web Site for reproduction, redistribution
or publication to third parties for commercial purposes is expressly
prohibited without prior written permission of MLT LLP. MLT LLP, at
its sole discretion, may change, suspend or discontinue any aspect of
the MLT Web Site at any time, including the availability of any MLT
Web Site feature, database or content. MLT LLP may also impose limits
on certain features and services, or restrict your access to parts or
all of the MLT Web Site, without notice or liability.
6. MLT Trade-marks
MLT™, MacPherson Leslie &
Tyerman LLP and The Counsel You Keep™ are trade-marks and/or trade-names
owned by MLT LLP. Any use of the trade-names, trade-marks or other intellectual
property (including logos) displayed on the MLT Web Site, except as
expressly provided in this Agreement, is strictly prohibited.
7. Additional Restrictions
on Use
You may make no links whatsoever
to the MLT Web Site without MLT LLP's prior written permission. The
scraping, mining of data from, framing or mirroring of the MLT Web Site
by any method is strictly prohibited. You further agree that you shall
not employ or utilize, among other techniques, any collaborative browsing
or display technologies relating to the use by you of the MLT Web Site,
nor for purposes of posting any comments, communications, or any other
information or data of any kind that may be read or accessed by any
other person on or to the MLT Web Site. You represent, warrant and covenant
that you shall not upload, post or transmit to or distribute or otherwise
publish through the MLT Web Site any materials which:
(i) restrict or inhibit any other user from using and enjoying the MLT
Web Site;
(ii) are unlawful, threatening, abusive, libellous, defamatory, obscene,
vulgar, offensive, pornographic, profane, sexually explicit or indecent;
(iii) constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law or
governmental regulation;
(iv) violate, plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy
or publicity or any other proprietary right;
(v) contain a virus or other harmful or destructive elements;
(vi) contain any information, software or other material of a commercial
nature;
(vii) contain advertising of any kind; or
(viii) constitute or contain false or misleading indications of origin
or statements of fact.
8. Links to MLT LLP Web
Site
The MLT Web Site includes
certain links to other Internet sites or resources and businesses operated
by other firms, entities or individuals ("Other Web Sites"). In that
regard, you expressly acknowledge that such Other Web Sites are owned
and operated independently from MLT LLP, and MLT LLP has no responsibility
whatsoever for, or control over, or liability for, any Other Web Sites.
The use by you of Other Web Sites (and any business or other dealings
you may have with the owners thereof) shall be conducted at your sole
risk.
9. Termination of this
Agreement and the MLT Web Site
In the event that you breach
any provision of this Agreement then, at the sole option of MLT LLP,
you may no longer use the MLT Web Site.
10. Governing Law
This Agreement, and your
use of the MLT Web Site, and all related matters are governed solely
by the laws of the Province of Saskatchewan and federal laws of Canada
applicable therein (excluding, for greater certainty, any conflict or
laws rules which would lead to the application of the law of any other
jurisdiction). You hereby covenant and agree with MLT LLP that any dispute
must be resolved before the Courts of the Province of Saskatchewan,
and you hereby irrevocably attorn to the exclusive jurisdiction of those
Courts.
11. Changes to this Agreement
MLT LLP may, in its sole
discretion, change this Agreement from time to time, for any reason,
without prior notice or liability to you or to any other person provided,
however MLT LLP will ensure that such changes will be available via
the MLT Web Site.
12. General Provisions
If any provision of this
Agreement is found to be void, unlawful, or for any reason unenforceable,
then that provision shall be deemed to be severed from the rest of this
Agreement, and such severance shall not affect the validity and enforceability
of any of the remaining provisions of this Agreement.
The terms and provisions
of this Agreement enure to the benefit of, and are binding upon, you
and your heirs, executors, personal representatives, successors and
permitted assigns, and upon each of MLT LLP and its successors and assigns.
This Agreement, and none
of your rights and/or obligations under this Agreement, may not be transferred
or assigned without the prior written consent of MLT LLP, which consent
may be arbitrarily withheld by MLT LLP in its sole and unfettered discretion.
MLT LLP may at any time assign
this Agreement, including any of its rights and/or obligations hereunder,
without your prior consent.
No consent or waiver will
be effective unless in writing and signed by both parties.
This Agreement constitutes
the entire agreement between MLT LLP and you with respect to your use
of the access to the MLT Web Site. This Agreement supersedes all prior
or contemporaneous communications and proposals, whether electronic,
oral or written, between you and MLT LLP with respect to the MLT Web
Site. Use of the MLT Web Site is unauthorized in any jurisdiction that
does not give effect to all of the terms and conditions of this Agreement.
Any cause of action you may have with respect to your use of and access
to the MLT Web Site must be commenced within six (6) months after the
claim or cause of action arises. This MLT Website Agreement is effective
from and after August 1st, 2003.
Copyright © 2003 MacPherson
Leslie & Tyerman LLP All rights reserved.