MACPHERSON LESLIE & TYERMAN LLP WEB SITE USE AGREEMENT
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.
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.