Welcome to www.fillmoreriley.com, the official website (the “Website”) of Fillmore Riley LLP (“Fillmore Riley”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. Fillmore Riley may revise this Agreement at any time, at their sole discretion, by posting an amended Agreement on the Website. Any changes that Fillmore Riley makes to this Agreement will be effective immediately upon posting. This Agreement was last updated on January 15, 2010.
- No Legal Advice or Lawyer-Client Relationship. Fillmore Riley provides the information on the Website (including, without limitation, hypertext links, search mechanism, portals and documents) for general information purposes only. It is neither intended as, nor should be considered, legal advice or opinions of any kind and may not be used for professional or commercial purposes. Neither the use of any such information, nor the transmission of materials or information to Fillmore Riley by e-mail or otherwise, will establish any lawyer-client, contractual or other relationship between Fillmore Riley and the user or sender.
- Communications not Confidential. Fillmore Riley does not guarantee the security or confidentiality of any e-mail or other electronic communications sent to Fillmore Riley personnel. If you are not an existing client of Fillmore Riley, do not send Fillmore Riley personnel your confidential or sensitive information until you have received his or her express request or consent to do so. You will be considered a client of Fillmore Riley only after Fillmore Riley has confirmed it is not conflicted to be retained by you and has otherwise consented to the retainer.
- Intellectual Property. The Website and all of its content is the property of one or more members of Fillmore Riley and third parties and is protected under applicable copyright and trade-mark law. The names and logos identifying the Website and Fillmore Riley and their products and services are either trade-marks of one or more of Fillmore Riley or trade-marks which Fillmore Riley is licensed to use. Except as expressly provided herein, nothing shall confer on you any licence of any such mark or of any other intellectual property right of Fillmore Riley or any third party. You agree that the material and content contained on the Website is made available to you for your lawful, personal and non-commercial use and that you may display and print such material and content for the purpose of viewing the Website from a single personal computer. You agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited and is a violation of Fillmore Riley’s intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website, or to assist or facilitate any third party to do the foregoing, without Fillmore Riley’s written permission.
- Termination. Fillmore Riley shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice.
- Use of Website, Disclaimer and Limitation of Liability. The information on the Website is provided on an “as is” and “as available” basis without any representations, warranties or conditions, whether express or implied, statutory or otherwise, including, without limitation, any representations, warranties or conditions as to quality, accuracy, completeness, currency, fitness for a particular purpose, uninterrupted access, error free operation, or the absence of computer viruses and other harmful components or corrupted data or information. Fillmore Riley, its partners, agents or employees shall have no liability in connection with any loss, cost or damages whatsoever, whether direct, indirect, consequential, contingent, special, incidental, exemplary or punitive, related to or arising from the Website, its non-availability, the information on it or the use thereof (including, without limitation, any defects, inaccuracies, errors or omissions in this site), including, without limitation, damages for harm to business, damages for loss of profit, business or revenues, programs or data, interruption of activities or any other pecuniary or economic loss, whether based on breach of contract, tort or delict (including negligence), infringement of intellectual property rights, strict liability, breach of warranty, failure of essential purpose, fundamental breach, breach of a fundamental term or otherwise, even if advised of the possibility thereof or reasonably foreseeable.
- Linking, Framing and Data Mining. Fillmore Riley makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. When you access any other website you understand that it is independent from Fillmore Riley and that Fillmore Riley has no control over the content or availability of that website. In addition, a link to any other site does not mean that Fillmore Riley endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may link to the front page of the Website at www.fillmoreriley.com. Any other link to the Website, and any linking to the pages within the site or framing of content on this site, is prohibited without the prior written consent of Fillmore Riley.
- Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.