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Terms of Service

Terms of Service

Introduction

This website is operated by Manning Elliott LLP. The terms “we”, “us”, and “our” refer to Manning Elliott LLP. The use of our website is subject to the terms of our engagement letter with you and the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read in conjunction with any terms, conditions or disclaimers provided on our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and compliant with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, or to use any of our website’s services or features.

Use of our Website

You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are the age of majority and are legally capable of entering into a binding contract. You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems. You agree to provide us with accurate personal information, such as your email address, mailing address and/or other contact details in order to complete your payment or to allow us to contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

General Conditions

We reserve the right to refuse service to anyone, at any time. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or service, content, or feature offered through our website.

Personal Information

Please see our Privacy Policy to learn about how we collect, use, and share your personal information.

Errors and omissions

Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice.

We are not obligated to update, modify or clarify information on our website, except as required by law.

Refunds

Refunds are subject to our review and discretion and will be dealt with on a case by case basis. Please contact accountsreceivable@manningelliott.com for further information about refunds that may be required as a result of a technical or processing error.

Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness, usefulness or content of information, uninterrupted access, and any warranties. We do not warrant that our website, its functionality, content or information related to services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.

The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for damages of any kind related to the use of our website. In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or any other type of damage, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or inability to use our website or its content or material.

Indemnification

You agree to defend and indemnify us, and hold us and our  directors, officers, agents, contractors, and employees harmless against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any information on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.

Entire Agreement

The Terms and any documents expressly referred to herein represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.

Waiver

Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

Headings

Any headings and titles herein are for convenience only.

Severability

If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, or use of our website will be resolved in

accordance with the laws of the Province of British Columbia. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be settled by arbitration in the Province of British Columbia and you irrevocably consent to the exclusive determination by such arbitration.

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