TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.

The following terms and conditions (“Terms of Use”) govern the relationship between you and Chandler Fogden Lyman Law Corporation (“CFL” “we” “our” “us”) with respect to your use of the our website www.cfllaw.ca, and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the “Site”). By using the Site, you are unconditionally agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use as well as our Privacy Policy. We reserve the right to modify the Terms of Use and Privacy Policy at any time. By using the Site after we make any changes to these Terms of Use, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not use the Site.

Trademarks and Copyright

CFL, business names, domain names, graphics, logos, icons and designs on the Site constitute registered and unregistered trademarks of CFL. Some trademarks on the Site are owned by other parties who have granted us a license to use their marks (trademarks owned by CFL as well as those licensed to CFL for use shall be collectively referred to as the “Trademarks”). Any unauthorized use, downloading, re-transmission, or other copying or modification of the Trademarks may be a violation of federal or other law.

The Site and all of its content, images and information, Trademarks, text, code, illustrations, graphics, designs, individual names, likenesses, bios, photographs, press releases and newsletters (collectively “Our Property”) are owned or licensed by CFL and are protected by copyright and other proprietary rights and intellection property rights or may be subject to restrictions.

Unauthorized use, downloading, re-transmission, or other copying or modification of third party content, Trademarks or Our Property including reverse engineering, uploading, linking, distributing, exploiting or altering or creating any derivative works from or based upon any such content is specifically prohibited. You hereby covenant and agree not to use any screen scraping, framing, bots, spiders, crawlers, avatars, intelligent agents or other automated processes on the Site or its content.

Unauthorized use, copying, reproduction, modification, publication, republication, uploading, framing, downloading, posting, transmitting, distributing, duplicating or any other misuse of the Site including Trademarks or Our Property is strictly prohibited.

Liability

You agree to indemnify, defend, and hold CFL, its successors, assigns, program partners and sponsors and each of CFL’s and their respective officers, directors, agents, shareholders, employees and representatives harmless, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to (i) your use or misuse of, or connection to, the Site; (ii) your breach or alleged breach of any of your representation or warranty made herein; (iii) your breach or alleged breach of these Terms of Use; (iv) your violation of any rights (including intellectual property rights) of a third party; and (v) your violation of the Privacy Policy.

In the event that you have any right, claim or action against any other person arising from that person’s use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you hereby release CFL, and our program partners and sponsors, and each of theirs and our subsidiaries, affiliates, officers, directors, agents and employees, from any and all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such rights, claim or action.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE OBLIGATION TO YOU BY US FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.

Warranty

THE INFORMATION, SERVICES, AND MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT WE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.

WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION, SERVICES, OR MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE QUALITY, ADEQUACY, ACCURACY, COMPLETENESS, CURRENTNESS, VALIDITY AND USEFULNESS OF ALL SERVICES AND OTHER INFORMATION OBTAINED ON OR ACCESSIBLE THROUGH THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Third Party Content

These terms and conditions apply only to the Site, and not to the sites of any other companies or organizations, including those to which any of the Site may link. We are not responsible for the availability of any other site to which the Site may link. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster. We reserve the right to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link, at our discretion at any time.

Third party content may appear on the Site or may be accessible via links from our Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect our belief. If you believe the third party content to be defamatory, libelous, obscene, pornographic or profane, please advise us.

Entire Agreement

These Terms of Use and the Privacy Policy constitute the entire Agreement between you and CFL relating to your use of the Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. You may not amend these terms. If any of the terms are illegal or unenforceable or there is a claim that we have breached any of these terms, it does not affect or invalidate the other terms. These rights or terms may not be waived without written consent from CFL. CFL may assign, transfer, or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Governing Law

By using the Site you agree that these Terms of Use shall be governed by the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein and will be construed in all respects in accordance with the laws of the province of British Columbia applicable to an agreement entered into and to be wholly performed therein. CFL’s technical service providers may perform activities related to the Site and the hosting of the Site in jurisdictions outside of Canada and therefore subject to the applicable laws of such jurisdiction(s).