TADESMAN LAW WEBSITE USER AGREEMENT
Use of the Tradesman Law Website including any downloadable documents, such as templates, guides and checklists, or any of the same otherwise provided to you by Tradesman Law which references these terms, 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 Tradesman Law Website.
1. Acceptance by You
This Agreement is entered into between you and Tradesman Law. This Agreement governs your use of, collectively, the Tradesman Law Websites and any related sites and their contents [the “Tradesman Law Website”}. For greater certainty, you agree that each time you use the Tradesman Law Website 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 Tradesman Law 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. Nothing on the Tradesman Law Website Constitutes Professional Advice
The Tradesman Law Website is provided to you for information only. You expressly acknowledge and agree that the information contained on the Tradesman Law Website 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 Tradesman Law to sell the professional services of Tradesman Law 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 Tradesman Law Website.
3. Absolutely No Relationship Created Via Use of the Tradesman Law 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 Tradesman Law Website, nor as the result of any communication by you with an Tradesman Law lawyer or any Tradesman Law employee through the Tradesman Law Website. You further agree that the Tradesman Law Website may not be used by you to request legal advice, or to transmit to Tradesman Law 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 email 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
TRADESMAN LAW DOES NOT ACCEPT ANY LIABILITY WHATSOVER FOR YOUR USE OF THE TRADESMAN LAW WEBSITE. THE TRADESMAN LAW WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE TRADESMAN LAW WEBSITE, IS PROVIDED ON AN ‘AS IS’ BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TRADESMAN LAW MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON, OR ACCESSED THROUGH, THE TRADESMAN LAW WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEBSITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE TRADESMAN LAW WEBSITE OR ANY LINKED SITE. FURTHER TRADESMAN LAW DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRADESMAN LAW DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TRADESMAN LAW SHALL NOT BE LIABLE FOR THE USE OF THE TRADESMAN LAW WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TRADESMAN LAW 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 TRADESMAN LAW WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE TRADESMAN LAW WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TRADESMAN LAW OR ANY OF ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
5. Ownership &Use of the Tradesman Law Website
The Tradesman Law Website is now, and shall at all times remain, the sole property of Tradesman Law. Canadian and international copyright, trademark, and other laws protect the Tradesman Law Website, including all of its content. The Tradesman Law Website is being made available for your lawful use only. No portion of the Tradesman Law Website may be copied, reproduced, transmitted, modified or distributed in any way, in whole or in part, without the prior written consent of Tradesman Law, save and except that you may, for your personal, non¬ commercial and lawful use only, print or download Tradesman Law Website pages PROVIDED ALWAYS that you do not in any way amend, modify or change the content and that any Tradesman Law or other identification, marks, notices or disclaimers remain. Your use of the Tradesman Law Website, 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 Tradesman Law Website or any portion of the content thereof. For greater certainty. Copying or storing of any content on the Tradesman Law Website for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission of Tradesman Law. Tradesman Law, at its sole discretion, may change, suspend or discontinue any aspect of the Tradesman Law Website at any time, including the availability of any Tradesman
Law Website feature, database or content. Tradesman Law may also impose limits on certain features and services, or restrict your access to parts or all of the Tradesman Law Website, without notice or liability.
6 . Tradesman Law Trademarks
Tradesman Law, the Tradesman Law designs, the slogan YOU WORK HARD YOU SHOULD GET PAID, and Tradesman Law are trademarks and/or trade-names owned by Tradesman Law. Any use of the tradenames, trade-marks or other intellectual property (including logos) displayed on the Tradesman Law Website, except as expressly provided in this Agreement, is strictly prohibited.
7. Additional Restrictions on Use
The scraping, mining of data from, framing or mirroring of the Tradesman Law Website 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 Tradesman Law Website, 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 Tradesman Law Website. You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Tradesman Law Website any materials which:
1. restrict or inhibit any other user from using and enjoying the Tradesman Law Website;
2. are unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
3. constitute or encourage conduct that would constitute acriminal offense, give rise to civil liability or otherwise violate any law or governmental regulation;
4. 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;
5. contain avirus or other harmful or destructive elements;
6. contain any information, software or other material of acommercial nature;
7. contain advertising of any kind; or
8. constitute or contain false or misleading indications of origin or statements of fact.
8. Links to Tradesman Law Website
The Tradesman Law Website include certain links to other websites or resources and businesses operated by other firms, entities or individuals (“Other Website”). In that regard, you expressly acknowledge that such Other Website is owned and operated independently from Tradesman Law, and Tradesman Law has no responsibility whatsoever for, or control over, or liability for, any Other Website. The use by you of Other Website [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 Tradesman Law Website
In the event that you breach any provision of this Agreement then, at the sole option of Tradesman Law, you may no longer use the Tradesman Law Website.
10.Governing Law
This Agreement, and your use of the Tradesman Law Website, and all related matters are governed solely by the laws of the Province of Alberta 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 Tradesman Law that any dispute must be resolved before the Courts of the Province of Alberta, and you hereby irrevocably attorn to the exclusive jurisdiction of those Courts.
11.Changes to this Agreement
Tradesman Law 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 Tradesman Law will ensure that such changes will be available via the Tradesman Law Website.
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 Tradesman Law 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 Tradesman Law, which consent may be arbitrarily withheld by Tradesman Law in its sole and unfettered discretion. Tradesman Law 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 Tradesman Law and you with respect to your use of the access to the Tradesman Law Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tradesman Law with respect to the Tradesman Law Website. Use of the Tradesman Law Website 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 Tradesman Law Website must be commenced within six (6) months after the claim or cause of action arises.