These Terms of Service were last updated on 5 November 2021.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. These Terms of Service govern your use of the website located at https://lakefieldlaw.ca (the “Website“) and any related services provided by Lakefield.
By accessing the Website, you agree: (a) to abide by these Terms of Service; (b) to comply with all applicable laws and regulations; and (c) that you are at least 18 years of age and you have the right, authority and capacity to accept and abide by these Terms of Service . If you do not agree with these Terms of Service, you are prohibited from using or accessing this Website or using any other services provided by Lakefield. If these Terms of Service are considered an offer, acceptance is expressly limited to the Terms of Service. Your use of the Website and any related services is entirely at your own risk.
Any new features, tools or services that are added to the Website shall be subject to these Terms of Service. We reserve the right to review, amend or replace any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication. We take no responsibility to notify you or any changes to the Terms of Service. It is your responsibility to periodically check this page and the Website for changes and to access the most current version of the Terms of Service. Your continued access to the Website following the posting of any changes to the Terms of Service constitutes your acceptance of the revised Terms of Service.
Limitations of Use
By using this Website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, reproduce, sell, exploit, prepare derivative works of, decompile, or reverse engineer any materials or software contained on this Website;
- remove any copyright or other proprietary notations from any materials and software on this Website;
- transfer the materials to another person or “frame” or “mirror” the materials on any other server;
- knowingly or negligently use this Website or any of its associated services in a way that abuses or disrupts our networks or any other service Lakefield provides, or harms the general business or reputation of Lakefield;
- use this Website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this Website or its associated services in violation of any applicable laws or regulations;
- use this Website to send unauthorized advertising, spam, phish, pharm, pretext, spider, crawl, scrape or any similar act;
- harvest, collect, or gather user data without the user’s consent; or
- use this Website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials contained in this Website are owned by or licensed to Lakefield and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Lakefield at any time.
All content on the Website is a collective work under Canadian and other copyright laws; All rights reserved.
By using the Website or related services, you authorize us to collect your personal information, including but not limited to your name, address, phone number, email address, information posted to the Website, communications with us, requests for information, uploads, IP addresses, information from external applications you use to access our Website, or information through various web technologies, such as cookies, log files, clear gifs, web beacons or others, and to share such personal information with our current and future business partners, parent or subsidiary companies or other companies under our control.
By accessing the Website, you consent to the use by us of your personal information for the following purposes: ensuring continued good experience on our Website, allowing for adequate provision of services, analyzing the use of the services and the Website and other uses internal to us and disclosing information as may be required by law enforcement or courts of competent jurisdiction. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from your use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address. If you choose to terminate your account, we will store your personal information for 2 years. After that time, all information about you will be deleted.
We are not responsible for ensuring that information posted to the Website by a user or third-party does not infringe upon any patents, trademarks, trade secrets, copyrights or any other intellectual property right of any other person or entity, or violate any law or contract, nor are we liable for any damages due to your breach of third-party intellectual property rights.
If a person notifies us that a user of the Website has violated its intellectual property rights, we will make no determination of the matter. It will be the responsibility of the user and the party asserting that its rights have been violated to determine whether a violation has occurred. If the parties, a third-party mediator or a court of competent jurisdiction finds that the user has made a violation, we will remove the content at the expense of the user. The user agrees to indemnify and hold harmless Lakefield and its past, present and future subsidiaries, affiliates, partners, directors, officers, shareholders, employees, contractors, agents, licensors, licensees, service providers, suppliers and content providers (collectively the “Lakefield Parties”) for any loss, damage or expense resulting from a claim of violation.
Accuracy of Materials
The materials appearing on this Website are not comprehensive, are for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting more complete information and advice. Lakefield does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website. The materials appearing on this Website are not comprehensive and are for general information purposes only. Lakefield does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this Website.
Certain content, products and services available via the Website may include materials or tools from third-parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with or controlled by us. We are not responsible for examining or evaluating the content or accuracy of third-party websites and the inclusion of any link does not imply endorsement by us of the third-party website. We will not monitor, provide input for or have any control over third-party tools and access may be provided “as is” and “as available”.
Lakefield has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Lakefield of the third-party site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites and the policies of the third parties associated therewith.
We do not warrant and will have no liability for any harm, loss or damages related to your use of or access to any materials, websites, content, tools, products, or services of third-parties. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
By accessing the Website or using any related services, you consent to receive any communications from us, using any reasonable means now know or hereafter deployed, including by email, regular mail, SMS, MMS, text message or postings on the Website.
Modifications and Interruptions
We reserve the right at any time to remove, modify, edit or discontinue, temporarily or permanently, the Website or related services (or any portion thereof), with or without notice. Access to the Website or related services may be interrupted or affected from time to time for maintenance or emergency services, on a scheduled or unscheduled basis. We will have no liability to you or any third-party for any damage or loss caused as a result of such modification, suspension or discontinuance. To protect the integrity of the Website or related services, we reserve the right at any time to block users from certain IP addresses from accessing the Website or related services.
You agree to indemnify, defend and hold harmless the Lakefield Parties from and against any and all liabilities, losses, damages, causes of action, claims, demands, judgments, costs and expenses (including reasonable attorneys’ fees), which may arise from or relate to your use or misuse of the Website or related services, your breach of these Terms of Service, your violation of any law, rule, regulation or the rights of any third parties, your negligence or your conduct or actions otherwise. Lakefield reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Lakefield in connection therewith.
You acknowledge and agree that none of the Lakefield Parties are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate content posted on the Website or provided in connection with related services, whether caused by users or any of the equipment or programming associated with or utilized in the Website or related services; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to or transmission of, any user content, contact information, identification information, communications or confidential information; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of email on account of technical problems or traffic congestion on the internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the internet and/or in connection with the Website or related services.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WE PROVIDE THE WEBSITE AND THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE RELATED SERVICES WILL BE CORRECTED.
Any material downloaded or otherwise obtained through the use of the Website or related services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation, you are not authorized to download or obtain any material through the Website or relates services.
Limitation of Liability
To the fullest extent allowed by applicable law, in no event will the Lakefield Parties be liable to you or to any third-party for any direct, indirect, special, incidental, consequential, exemplary or punitive damages (including, without limitation, damages for loss of business, loss of profits, loss of goodwill, loss of data, replacement costs or litigation) whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if we were advised of the possibility of such damages. The negation of damages set forth above are fundamental elements of the bargain between you and us. The Website and related services would not be provided to you without such limitations.
Notwithstanding the foregoing, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us in the six months prior to the date of the action.
Termination and Survival
These Terms of Service are effective unless and until terminated by either you or us. You may terminate the agreement created by these Terms of Service at any time by notifying us in writing that you no longer wish to access or use our Website or related services.
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website and related services (or any portion thereof), effective at any time, without notice, for any reason, including but not limited to:
- your breach of or failure (or suspected breach of or failure) to comply with the Terms of Service;
- your use of the Website has caused or could cause the operation or efficiency of the Website or our or any third party’s equipment or network to be impaired;
- the receipt of a third-party complaint which relates to your use or misuse of the Website or related services.
We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website related services, nor will we have any responsibility to comment on the reasons for terminating your access to the Website or related services. We will not be held liable for any costs or damages that may be associated with the termination of your access to the Website or related services.
All terms of these Terms of Service, including but not limited to all warranty disclaimers, indemnities and limitations of liability, shall survive the termination of the agreement created by the Terms of Service for all purposes. All obligations and liabilities parties incurred by you prior to termination (including but not limited to all amounts due) shall also survive termination.
If any provision of these Terms of Service is found to be invalid, illegal or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity of the remainder of these Terms of Service.
These Terms of Service shall be governed by and construed in accordance with the laws of Saskatchewan. You irrevocably submit to the exclusive jurisdiction of the courts of Saskatchewan.
- Headings. The headings used in these Terms of Service are included for convenience of reference only and do not limit or otherwise affect the Term and Conditions.
- No Partnership. No agency, partnership, joint venture or employment is created as a result of the Terms of Service and you may not make any representations or bind us in any manner.
- Assignment. You may not assign or transfer the agreement created by the Terms of Service or any of your rights to any other person. We may assign or transfer the agreement created by these Terms of Service and any of our rights and obligations without your consent.
- Entire Agreement. These Terms of Service, with any separate policies or rules posted by us on the Website or in respect to related services constitute the entire agreement between you and us regarding your use of the Website or the related services.
- No Presumption Against Drafter. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.