Terms of Use

GENERAL

If you access or use this website (the “Site”), you accept and agree to be bound by and comply with the following terms and conditions (the “Terms”). If you do not accept these Terms, do not use the Site.

The information, material and content provided in the Site (the “Information”) may be changed at any time without notice. Changes may be made to these Terms at any time without notice by updating this posting. You agree to review these Terms regularly and your continued access or use of the Site will mean that you agree to any changes.

These Terms are to be read by you together with any terms, conditions, or disclaimers provided in the pages of the Site.

All products and services of PKF Lawyers are subject to the terms and conditions of the applicable agreements governing their use or delivery (the “Agreement”). In the event of a conflict between these Terms and the terms of the Agreement, the terms provided in the Agreement will govern.

JURISDICTION

The Site (excluding linked sites, if any) is administered and controlled by PKF Lawyers and its affiliates, subsidiaries, officers, directors, employees or agents (collectively, “PKF Lawyers”) in  accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein. You agree that the Site will be governed by and construed in accordance with Manitoba law without giving effect to any principles of conflicts of laws that could be used to argue another forum conveniens. You agree that all disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the Province of Manitoba, Canada. You submit and attorn to the exclusive jurisdiction of the courts of the Province of Manitoba to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.

DISCLAIMERS

PKF LAWYERS PROVIDES THE SITE AND THE INFORMATION ON AN “AS IS, WHERE IS AND AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, PKF LAWYERS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, PKF LAWYERS DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE ALL PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.

YOU ACKNOWLEDGE AND AGREE THAT PKF LAWYERS DOES NOT ENDORSE THE CONTENT OF ANY MEMBER OR ANY SITE ACCESSED VIA LINKS OR OTHER MEANS FROM THE SITE AND IT IS NOT RESPONSIBLE OR LIABLE FOR SUCH CONTENT EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, HARMFUL, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER PERSON.

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PKF LAWYERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, EVEN IF PKF LAWYERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TRADE-MARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS

“PKF Lawyers” is the registered business name of and exclusive property of PKF Lawyers.

PKF Lawyers maintains and asserts exclusive registered and common-law trade-marks rights and ownership of “PKF Lawyers” and the “PKF Lawyers” logos displayed on the Site and in our promotional materials.

All trade-marks belonging to third parties displayed on this Site are the property of their respective owners.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site belongs exclusively to PKF Lawyers and is protected by copyright, trade-mark, and various other intellectual property and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, including “mirroring”, to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without PKF Lawyers’ express prior written consent. PKF Lawyers actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

INTERNET E-MAIL

Any unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. PKF Lawyers is not responsible for and will not be liable to you or anyone else for any damages in connection with an E-Mail sent by you to PKF Lawyers or an E-Mail sent by PKF Lawyers to you at your request.

NO ENDORSEMENTS

No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any Information.

LINKS/SOFTWARE

Links from or to websites outside the Site are meant for convenience only. PKF Lawyers does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and PKF Lawyers will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and PKF Lawyers is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

YOUR TRANSMISSIONS

Any material, information or idea you transmit to or post on this Site by any means will be treated as non-proprietary, and may be used by PKF Lawyers for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

ENTIRE AGREEMENT

These Terms and any terms incorporated or referred to herein constitute the entire agreement between you and PKF Lawyers relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing, or by PKF Lawyers making such amendments or modifications in accordance with these Terms.

SEVERABILITY

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

These terms last updated: April 2020