MLT AIKINS LLP WEBSITE USER AGREEMENT

Use of the MLT Aikins Website (including any downloadable documents, such as templates, guides and checklists, or any of the same otherwise provided to you by MLT Aikins LLP 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 MLT Aikins Website.

1. Acceptance by You

This Agreement is entered into between you and MLT Aikins LLP. This Agreement governs your use of, collectively, the MLT Aikins LLP Websites and any related sites and their contents (the “MLT Aikins Website”). For greater certainty, you agree that each time you use the MLT Aikins 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 MLT Aikins 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. Nothing on the MLT Aikins Website Constitutes Professional Advice

The MLT Aikins Website is provided to you for information only. You expressly acknowledge and agree that the information contained on the MLT Aikins 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 MLT Aikins to sell the professional services of MLT Aikins 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 Aikins Website.

3. Absolutely No Relationship Created Via Use of the MLT Aikins 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 Aikins Website, nor as the result of any communication by you with an MLT Aikins lawyer or any MLT Aikins employee through the MLT Aikins Website. You further agree that the MLT Aikins Website may not be used by you to request legal advice, or to transmit to MLT Aikins 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. Ownership & Use of the MLT Aikins Website

The MLT Aikins Website is now, and shall at all times remain, the sole property of MLT Aikins LLP. Canadian and international copyright, trademark, and other laws protect the MLT Aikins Website, including all of its content. The MLT Aikins Website is being made available for your lawful use only. No portion of the MLT Aikins Website may be copied, reproduced, transmitted, modified or distributed in any way, in whole or in part, without the prior written consent of MLT Aikins LLP, save and except that you may, for your personal, non-commercial and lawful use only, print or download MLT Aikins Website pages PROVIDED ALWAYS that you do not in any way amend, modify or change the content and that any MLT Aikins LLP or other identification, marks, notices or disclaimers remain. Your use of the MLT Aikins 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 MLT Aikins Website or any portion of the content thereof. For greater certainty, Copying or storing of any content on the MLT Aikins Website for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission of MLT Aikins LLP. MLT Aikins LLP, at its sole discretion, may change, suspend or discontinue any aspect of the MLT Aikins Website at any time, including the availability of any MLT Aikins Website feature, database or content. MLT Aikins LLP may also impose limits on certain features and services, or restrict your access to parts or all of the MLT Aikins Website, without notice or liability.

5. MLT Aikins Trademarks

MLT Aikins, the MLT Aikins designs, the slogan WESTERN CANADA’S LAW FIRM and MLT Aikins LLP are trademarks and/or trade names owned by MLT Aikins LLP. Any use of the trade names, trademarks or other intellectual property (including logos) displayed on the MLT Aikins Website, except as expressly provided in this Agreement, is strictly prohibited.

6. Additional Restrictions on Use

The scraping, mining of data from, framing or mirroring of the MLT Aikins 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 MLT Aikins 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 MLT Aikins Website. You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the MLT Aikins Website any materials which:

1. restrict or inhibit any other user from using and enjoying the MLT Aikins 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 a criminal 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 a virus or other harmful or destructive elements;
6. contain any information, software or other material of a commercial nature;
7. contain advertising of any kind; or
8. constitute or contain false or misleading indications of origin or statements of fact.

7. Links to MLT Aikins LLP Website

The MLT Aikins 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 MLT Aikins LLP, and MLT Aikins LLP 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.

8. Termination of this Agreement and the MLT Aikins Website

In the event that you breach any provision of this Agreement then, at the sole option of MLT Aikins LLP, you may no longer use the MLT Aikins Website.

9. Governing Law

This Agreement, and your use of the MLT Aikins Website, 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 Aikins 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.

10. Changes to this Agreement

MLT Aikins 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 Aikins LLP will ensure that such changes will be available via the MLT Aikins Website.

11. 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 Aikins 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 Aikins LLP, which consent may be arbitrarily withheld by MLT Aikins LLP in its sole and unfettered discretion. MLT Aikins 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 Aikins LLP and you with respect to your use of the access to the MLT Aikins Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MLT Aikins LLP with respect to the MLT Aikins Website. Use of the MLT Aikins 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 MLT Aikins Website must be commenced within six (6) months after the claim or cause of action arises.

12. Disclaimer & Indemnification

MLT Aikins LLP does not accept any liability whatsoever for your use of the MLT Aikins website. The MLT Aikins website, including all content, software, functions, materials and information made available on or accessed through the MLT Aikins website, is provided on an “as is” basis. To the fullest extent permissible by law, MLT Aikins LLP makes no representation or warranties of any kind whatsoever for the content on the websites or the materials, information and functions made accessible by the software used on, or accessed through, the MLT Aikins website, or any hypertext links to third-party websites or for any breach of security associated with the transmission of sensitive information through the MLT Aikins website or any linked site. Further MLT Aikins LLP disclaims any express or implied warranties including, without limitation, merchantability, fitness for a particular purpose and non-infringement. MLT Aikins LLP 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. MLT Aikins LLP shall not be liable for the use of the MLT Aikins website including, without limitation, the content and any errors contained therein. To the fullest extent permissible by law, MLT Aikins 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 Aikins website or for any information obtained through the MLT Aikins website, whether based on contract, tort, strict liability or otherwise, even if MLT Aikins LLP or any of its agents has been advised of the possibility of damages.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MLT Aikins LLP, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or your use of the MLT Aikins website, including, but not limited to, your user submissions, third-party sites, any use of the MLT Aikins website’s content, services, and products other than as expressly authorized in these Terms and Conditions.