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Terms and Conditions
No Lawyer-Client or Other Relationship Created
Your access to, or use of, the Website does not create a lawyer-client, other professional-client or fiduciary relationship. Your use of the Website may facilitate access to, or communications with, partners, employees and consultants of MEP by way of email or otherwise via the Website. The receipt of any such communications does not create a lawyer-client, other professional-client or fiduciary relationship. The Website or the availability of Content does not suggest that any MEP partners, employees or consultants practice professionally in any jurisdiction other than in which he or she is qualified.
The Content does not constitute legal or other professional advice. The Content should not be relied upon as accurate, reliable, complete, current, timely or fit for any particular purpose, without receiving advice from a lawyer or other professional. You should seek specific legal advice by contacting an MEP lawyer in relation to your specific legal issues. No one should act, or not at, on the sole basis of the Content. Any Content available on the Website is solely for informational purposes. The Content is current as of the date of first publication but may no longer be accurate as a result of the passage of time, changes in the law or subsequent court decisions.
Communications Not Confidential
MEP does not guarantee the confidentiality of any communications made by you via email or otherwise though the Website and cannot guarantee that any such communication is protected by solicitor-client or any other professional privilege. If you wish to provide information of a confidential or sensitive nature, please contact a lawyer or other professional directly by telephone.
All Content, including all (i) text, data and other literary works; (ii) logos, designs, graphics, images, photographs, artwork and other artistic works; (iii) musical works and other sounds; (iv) videos and all audio-visual works; (v)performance; (vi) other materials; (vii) selections, arrangements, compilations, modifications and enhancements of all of the foregoing; (viii)software, including program code that may execute on the Website’s servers or that may be embedded or be downloadable from individual webpages on the Websites; and (ix) the architecture and layout of the Website and webpages there on, is protected by copyright owned by, or licensed to, MEP.
Personal Information; Consent to Disclose
Representations and Warranties
You hereby represent and warrant, and understand that MEP is relying on such representations and warranties without further inquiry, that all Privacy Notices have been expressly given or obtained, as the case may be, from the applicable parties and that your grant of access to any Personal Information to MEP here under shall not violate the rights of any third party and further, complies with all applicable laws and regulations. MEP shall not be responsible in any way for any unauthorized transactions or inquires arising from use of any third party’s Personal Information for which you have not properly given or obtained Privacy Notices, as the case may be, and you shall fully indemnify and hold MEP harmless with respect to any claims as to unauthorized use of your submitted Personal Information.
In connection with your use of the Website and/or the Content, you shall not knowingly (after taking commercially reasonable precautions) access, store, distribute or transmit any viruses or any material that: (a) is unlawful, harmful ,threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other protected grounds of discrimination; or (f) causes damage or injury to any person or property. You shall not (a)attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, publicly display, demonstrate, transmit or distribute all or any portion of the Website or Content (as applicable) in any form or media or by any means; (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website;(c) access all or any part of the Website, and/or the Content in order to build a product or service which competes with the Website and/or the Content; (d) use the Website, and/or the Content to provide services to third parties; (e) without the prior written consent of MEP in each case, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Content available to any third party; or (f) use the Website, and/or the Content in violation of any applicable law or outside the scope expressly permitted herein.
You agree to indemnify and hold harmless MEP, its affiliates, partners, directors, officers, agents and suppliers from and against any and all claims, suits, proceedings, liabilities, damages, losses, fees and expenses (including reasonable attorneys’ fees) arising out of or in relation to any claims resulting from your breach of these Terms and Conditions, or your use of the Website, and/or the Content, including, without limitation, any violation with respect to your disclosure of a third party’s Personal Information.
For any dispute arising out of or in connection with your use of the Website, and/or the Content, you agree to proceed as explained below or as otherwise mutually agreed inwriting by you and MEP. Before resorting to the procedures below, we encourage you to contact us directly to seek an alternative resolution. For any dispute arising out of or in connection with your use of the Website, and/or the Content, which cannot be resolved amicably through bonafide good faith negotiations, such dispute shall be referred to final, binding and non-appealable arbitration in Vancouver, British Columbia and resolved by a single arbitrator under the applicable Rules of the British Columbia International Commercial Arbitration Centre. The parties agree to use their best efforts to conduct any dispute procedures herein as efficiently and cost effectively as possible. All claims filed or otherwise brought contrary to these Terms and Conditions shall be considered improperly filed. You will pay any legal fees or expenses for MEP if: (1) you file a claim contrary to these Terms and Conditions; (2) MEP notifies you that the claim is improperly filed; and (3) you fail to promptly withdraw the claim. If you fail to win an adjudicated, arbitrated, or otherwise decided, dispute against MEP, you will pay legal costs, fees and expenses incurred by MEP.
Disclaimer; Assumption of Risk; Limitation of Liability
THE WEBSITE ANDTHE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANYKIND. ACCESS TO, AND USE OF, THE WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. NEITHER MEP NOR ANY OF ITS PARTNERS, EMPLOYEES OR CONSULTANTS MAKES ANY REPRESENTATION, WARRANTY OR CONDITION ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR RELATED RIGHTS, OF THESITE OR THE CONTENT. NEITHER MEP NOR ANY OF ITS PARTNERS, EMPLOYEES ORCONSULTANTS ASSUMES ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS ORINACCURACIES IN THE SITE OR THE CONTENT. TO THE FULLESTEXTENT PERMITTED BY LAW, MEP AND ITS PARTNERS, EMPLOYES AND CONSULTANTS DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS OR THAT THE WEBSITE OR THE CONTENT AREOR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL MEPOR ANY OF ITS PARTNERS, EMPLOYEES OR CONSULTANTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT,INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OROTHER LIABILITIES, WHETHER OR NOT MEP OR ANY OF ITS PARTNERS, EMPLOYEES ORCONSULTANTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THEUSE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE CONTENT.
By browsing the Website and/or the Content, you agree that the Terms and Conditions shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of laws principles, and you agree to be bound by the laws of these jurisdictions, regardless of your place of residence. Except as otherwise agreed by the parties or as otherwise described in the arbitration option below, any such dispute shall be brought in a court of competent jurisdiction in the province of British Columbia, regardless of your residence. You hereby consent to the exclusive jurisdiction of such court. You agree to adhere to all Federal, provincial, or local laws applicable to all interactions with which you engage in any relation to the Website and/or the Content.
MICHAEL, EVRENSEL & PAWAR LLP