Website Terms of Use

The terms of this Website Terms of Use ("Terms of Use") constitute a legal agreement and are binding on you should you use our Website.  Please review these Terms of Use carefully.

These Terms of Use together with our Privacy Policy, govern your access to and use of our Website and any services and/or applications delivered through our Website (collectively, the "Website").  The Website is owned and operated by Taylor McCaffrey LLP. By using the Taylor McCaffrey LLP Website, you are agreeing to these Terms of Use.  If you do not agree with these terms and conditions, you are prohibited from using our Website.

Amendments to Terms of Use

Taylor McCaffrey LLP reserves the right to revise these Terms of Use at any time by updating this posting; the Release Date of these Terms of Use will be amended to indicate any changes or amendments.  You should review these Terms of Use regularly.  By continuing to use the Website after Taylor McCaffrey LLP has published any change or amendment to these Terms of Use, you are agreeing to be bound by the amended Terms of Use.  If you do not agree to these Terms of Use, or to any change or amendment thereto, you are prohibited from using the Website.

Information Only – Not Professional Advice

In order to be represented by Taylor McCaffrey LLP, you must specifically request our services and we must agree to be retained by you.  Your use of our Website, or any communication by you to a Taylor McCaffrey LLP lawyer or staff person through our Website, does not create any lawyer-client, fiduciary or other such relationship between us.  Should you wish to become a client of our Firm, please contact one of our lawyers, who would be pleased to assist you, subject to our service terms.  Until Taylor McCaffrey specifically agrees to act for you on a matter, you should not provide us with any confidential information or material.

The Website and any information or materials provided through our Website are for informational purposes only and do not constitute legal or professional advice.  You acknowledge and agree that you should seek qualified professional advice before acting (or failing to act) upon any information provided on or though our Website.

Website Communications

If you contact Taylor McCaffrey LLP by way of email or in connection with a question, comment, or other communication through our Website, then we may respond to your communication by way of email at the email address that you submitted.  You acknowledge and agree that electronic communications by their nature may not be secure and are deemed to accept the risks of using this form of communication.

Please note that unsolicited communications are not protected by solicitor-client privilege.

Trade-marks

Use of certain words and phrases, designs, logos, images, photographs, video clips and other intellectual property works that appear as part of our Website are copyright protected and subject to trademark protection by Taylor McCaffrey LLP or third parties as indicated.  Our Website as a whole is protected by copyright. No right or license is granted to any of the foregoing by virtue of your use of our Website.

 Website and Content – Proprietary to Taylor McCaffrey LLP

Our Website and any content featured on our Website are proprietary to Taylor McCaffrey LLP or to third parties as indicated and may only be used with our permission or pursuant to the Limited License right granted in the paragraph below.  Any reproduction, modification, distribution, publication, translation, or other use of the Website or its content is strictly prohibited.

Limited License

In connection with our Website content, you are hereby granted a limited and non-exclusive, non-transferable right and license to access, view, download and print one copy of the information provided on our Website for your own personal, educational and non-commercial use; the information from our Website may not be reproduced, distributed, or published in any manner without our prior written consent.  Any Website materials which are downloaded or printed by you must continue to show all copyright, trademark and other proprietary notices of Taylor McCaffrey LLP.  You may not amend, copy or modify any of the works of Taylor McCaffrey LLP.

 Use Restrictions

In connection with the Website, you must comply with all applicable laws, rules and regulations. In addition, Taylor McCaffrey LLP imposes certain use restrictions, namely that you are prohibited from:

(i) using the Website or any of its content in any manner that will violate applicable law, including in your jurisdiction of use; or

(ii) providing any false information to Taylor McCaffrey LLP or impersonating any person or entity; or

(iii) providing or posting objectionable content; or

(iv) interfering with or disrupting our Website; or

(v) posting, transmitting, or otherwise making available or introducing into our system any virus, trojan horse, spyware, worm or any other type of computer code intended to infect, control, damage, or hijack the operation of our Website, information, source code, or any hardware, software, server or telecommunications equipment; or

(vi) using our Website to conduct any data collection activities of any kind (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Site, without our prior written consent.

Taylor McCaffrey LLP reserves the right to introduce additional use restrictions from time to time.

 Links to other websites

Our Website may contain links to other websites not owned by Taylor McCaffrey; use of third party websites is at your own risk and subject to third party terms and conditions.  These links are provided for your reference only.  Taylor McCaffrey LLP does not monitor or control third party websites and is not responsible for their content.  Inclusion of a third party link on our Website does not constitute an endorsement by Taylor McCaffrey LLP or imply any affiliation of any sort with our Firm.

 Linking to Website

The framing or mirroring of the Website or linking to our Website or any content by any third party is expressly prohibited.

Payment

Payment Processing: To allow you to make payments for invoices Taylor McCaffrey LLP has provided access on the Website to a secure payment portal hosted by Converge Payments who will process your payment. Taylor McCaffrey LLP does not monitor nor have any direct control over such portal's activities and accordingly access to Converge's secure payment portal is provided on an 'as is' basis and without any warranties, representations or conditions of any kind.  Your use of the third party secure payment portal is at your own risk and payment are made subject to the payment processor's payment terms and conditions and privacy policy.  You should ensure you are familiar with, and approve, the terms on which such services are provided by the third-party secure payment portal.  Otherwise, payments may be made directly through our Firm.

Payment by Credit Card:  Payments made through the Website is secure online payment can only be made by Visa, Mastercard or American Express credit cards and the credit card that you provide when you make your payment will be immediately billed when your payment is made. Any payments you make are subject to the approval of the issuer of your credit card.  You are responsible for and agree to indemnify and hold Taylor McCaffrey LLP harmless against any chargebacks or extra changes or fees or fines as a result of a payment dispute with you or in relation to a payment you have made to us through the Website.

 Disclaimer

Although Taylor McCaffrey LLP has made reasonable efforts to ensure that the information and materials contained on our Website are accurate, Taylor McCaffrey LLP does not make or give any representations or warranties of any kind, whether express or implied, statutory or otherwise, regarding the Website or its content.  Taylor McCaffrey LLP makes no warranties as to uninterrupted or error free transactions, privacy, security, merchantability, fitness for a particular purpose or non-infringement.  The Website is provided on an 'as-is' basis and Taylor McCaffrey LLP will not be liable for the use of the Website including, without limitation, any content and any errors contained therein

Taylor McCaffrey LLP will not be liable to you for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with, directly or indirectly, (i) the use of or access to the Website or any information obtained through the Website or the inability to use or access the Website; (ii) any breach of the Terms of Use;  or (iii) arising by law or equity, statute, usage of trade or course of dealing.

Indemnification

You agree to indemnify, defend and hold Taylor McCaffrey LLP harmless from and against any and all liability, claims, actions judgements, demands, damages, losses, costs (including, without limitation costs fees and expenses on a solicitor and own client basis), incurred by Taylor McCaffrey LLP in connection with your use of the Website or any claim in connection with or resulting from any breach by you of these Terms of Use.

For the purpose of this Indemnification paragraph, the terms “Taylor McCaffrey LLP" shall include its affiliates and any affiliates' respective directors, partners, officers, employees, agents and contractors.

 Applicable Laws

The Website and the Terms of Use shall be construed in accordance with the laws of Manitoba and the 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) and the Courts of Manitoba shall have exclusive jurisdiction with respect to any dispute or matter arising from this Website and the Terms of Use. 

Entire Agreement

The Terms of Use constitutes the entire agreement between Taylor McCaffrey LLP and you with respect to your use of the access to the Website. The Terms of Use supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Taylor McCaffrey LLP with respect to the Website.  The Terms of Use do not supersede or negate any other or prior agreement or communications between you and Taylor McCaffrey LLP with respect to matters other than the Website and the Terms of Use are in addition to and not substitution of any other terms governing your relationship with Taylor McCaffrey LLP.

International Matters

Unless otherwise specified, the Website is presented solely for the purpose of promoting products and services available in Canada.  Taylor McCaffrey LLP is located in Manitoba, Canada and makes no representation that the Website, the Content and all other materials on the Site are appropriate or available for use in any jurisdiction.

General

Taylor McCaffrey LLP's failure to exercise or enforce any of its rights under the Terms of Use, Privacy Policy or this Website shall not constitute a waiver of such right.

If any provision of the Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Should you have any questions concerning our Website or its terms, please contact us by telephone at 204-949-1312.