Website Terms of Use

The use of this site (“Site”) is subject to certain Terms of Use which constitute a legal agreement between you and PARRISH AND HEIMBECKER, LIMITED (“P&H”) and its subsidiaries. By using this Site, you acknowledge that you have read, understood and agree to be bound by the Terms of Use. Please review these Terms of Use prior to viewing this Site. For more information on the collection, use and disclosure of your personal information, please also review P&H’s Privacy Policy available at: [insert link] (“Privacy Policy”).

By accessing this Site, you consent to the collection, use, and disclosure of your personal information for the purposes set out in these Terms of Use and the Privacy Policy. If you do not agree with the terms of these Terms of Use or the Privacy Policy, please do not use this Site.

Member companies of P&H have their own legal existence and have independent legal personality, but on this Site the term ‘P&H’, may be used to designate all P&H group companies or when there is no need to identify a particular company or division of P&H.

These Terms of Use were last updated on July 5, 2019.

 

Outside Sites and Linking
The Site may contain links and pointers to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites”). P&H is not responsible for the availability of, or the content located on or through, any Outside Site, including any webcasting or other form of transmission received from any Outside Sites. You should contact the Site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites. P&H permits certain third party links to the home page of its Site, provided that P&H is provided with notice of such links and does not thereafter object to such linking. P&H reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page. The Outside Sites are being provided to you only as a convenience and any link or pointer contained on this Site does not imply endorsement of the Outside Sites.

 

Trademarks
All trademarks, service marks and trade names used on the Site (collectively the “Marks”) are solely owned by P&H.┬áThe Marks may not be used in connection with any product or service that is not a product or service of P&H or that is likely to cause confusion among customers, or that in any manner disparages or discredits P&H.

Nothing in these Terms of Use vest or transfer any intellectual property rights in or to you and any use, alteration, or replication of any of the Marks is a violation of these Terms of Use and applicable Canadian and international intellectual property laws.

 

Warranties and Limitation of Liability
WHILE P&H ATTEMPTS TO KEEP THE INFORMATION, MATERIALS AND PROCESSES ON THIS SITE AS CURRENT, COMPLETE AND ACCURATE AS POSSIBLE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS SITE OR THE INFORMATION, SOFTWARE, FUNCTIONS, PROCESSES OR OTHER CONTENT CONTAINED ON THIS SITE. P&H MAKES NO GUARANTEE THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL CODE. THE DOCUMENTS, INFORMATION AND GRAPHICS PUBLISHED ON THIS WEBSITE MAY INCLUDE TECHNICAL ERRORS. P&H SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS CONTAINED IN THIS SITE WITH RESPECT TO ANY SERVICES OFFERED ON THIS SITE. INFORMATION HEREIN MAY BE CHANGED, REMOVED OR UPDATED AT ANY TIME WITHOUT NOTICE AND FOR ANY REASON. ALL MATERIALS AND INFORMATION POSTED TO THIS SITE ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME THE ENTIRE RISK OF RELYING ON THIS INFORMATION. THIS INFORMATION IS SUPPLIED TO YOU ON THE CONDITION THAT YOU OR ANY OTHER PERSON RECEIVING THIS INFORMATION WILL MAKE THEIR OWN DETERMINATION AS TO ITS SUITABILITY FOR ANY PURPOSE PRIOR TO ANY USE OF THIS INFORMATION.

THE INFORMATION, SERVICES, PRODUCTS, SOFTWARE AND MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, P&H DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, SOFTWARE AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, RELIANCE OR TRADE PRACTICE.

IN NO EVENT SHALL P&H BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IN NO EVENT SHALL P&H, ITS AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE INFORMATION, SERVICES, PRODUCTS, SOFTWARE AND MATERIALS AVAILABLE FROM THIS SITE. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST P&H OR ITS SUBSIDIARIES WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF OR RELIANCE ON THIS SITE OR ANY INFORMATION THEREON.

THIS INFORMATION IS NOT TO BE CONSTRUED AS RECOMMENDATIONS TO USE ANY INFORMATION, PRODUCT, PROCESS, EQUIPMENT, OR FORMULATION THAT CONFLICTS WITH ANY PATENT, COPYRIGHT, OR TRADEMARK, AND P&HOR ITS SUBSIDIARIES MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT ANY USE OF THIS INFORMATION WILL NOT INFRINGE ON ANY PATENT, COPYRIGHT OR TRADEMARK.

P&H CATEGORICALLY REJECTS ANY INTERPRETATION WHICH TENDS TO ASSIMILATE THE CONTENT OF ITS WEB SITE OR ANY OF ITS SUBSIDIARIES’ WEB SITES WITH OFFERS OF PURCHASE OR INCITEMENT TO PURCHASE SHARES OR OTHER SECURITIES, WHETHER LISTED OR NON-LISTED, OF P&H, OR ANY ONE OF ITS DIRECT OR INDIRECT SUBSIDIARIES COMPANIES.

 

Indemnification
You agree to defend, indemnify, and hold harmless P&H, its agents, assigns, employees, contractors, consultants, and service providers and their respective successors and assigns, from and against any and all claims, demands, actions, proceedings, liabilities, judgments, penalties whether civil or criminal, taxes, and all costs, liabilities and expenses (including, without limitation, reasonable legal fees on a solicitor client basis) that may be incurred arising out of, or relating to, your violation of these Terms of Use, your misuse or illegal use of the Site, or any violation by you of applicable law or rights of any third parties (including intellectual property rights), the failure of you to comply with applicable laws and regulations, any errors in any data supplied to P&H, or your gross negligence or wilful misconduct.

 

Information Collection
As you navigate through this Site, some of your user information may be actively collected (name, e-mail address) or passively collected (which you did not actively provide) such as your browser type, domain name, IP address, pages visited, and the length of your user session using various technologies and means, such as Internet Protocol Address, cookies, Internet Tags and navigational data collection. The technical information mentioned above is collected for the purposes of web site enhancement and improving P&H’s products and services. No such information collected is shared with third parties for advertising or other purposes except that it may be disclosed to those of P&H contractors who assist with programming and technical aspects of hosting and operating the Site. For further information on the collection, use, and disclosure of your personal information, please refer to the Privacy Policy.

Transmissions to and from this Site may not be confidential and consequently, may be read or intercepted by others.

 

On Line Conduct
Any conduct by a person that in P&H’s sole discretion restricts or inhibits any other person from using or enjoying the Site, is prohibited. You agree to use the Site only for lawful purposes and in accordance with that prohibition. You agree that you will not post on the Site or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, provincial, national, or international law.

 

Termination of Usage
P&H may, without incurring any liability to you, terminate access by you or suspend any access to all or part of the Site, without notice, for any conduct that P&H, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or the Site.

 

Governing Law and Jurisdiction
These Terms of Use shall be construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable therein.

 

Entire Agreement
These Terms of Use (as the same may be amended from time to time), the Privacy Policy, and any additional terms of use that appear on the Site or in coordination with the delivery of services by P&H, constitute the complete and exclusive agreement between P&H and you with respect to the subject matter hereof. These Terms of Use supercede and replace all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by you shall be deemed rejected by P&H without need of further notice and shall not be part of this Agreement or in any way binding upon P&H.

Due to the rapidly evolving technologies on the Internet, we reserve the right to modify and update these Terms of Use at any time and in our sole discretion. All revisions will be posted to this Site.