The content, information and other material (“Content”) on or available on this Website have been obtained from sources that SmartREIT® believes to be reliable. This Website could include technical or typographical errors or other inaccuracies and it is provided to you on an “as is” basis without warranties or representations of any kind. SmartREIT® makes no representation and disclaims all express and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, satisfactory quality or those arising by law, statute, usage or trade or course of dealing. SmartREIT® assumes no responsibility to you or any third party for the consequences as a form of promotion, an offer to sell securities nor as a solicitation to purchase securities.
ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005
We are committed to providing equitable access and high-quality facilities and/or services by meeting the needs of our diverse and valued customers. To this end, the Company will ensure that it is compliant with the Accessibility for Ontarians with Disabilities Act, 2005, which aims to remove barriers that impact individuals with a disability. Through compliance, the Company will endeavour to provide all individuals with equal access to our facilities and/or services while allowing individuals with a disability to maintain their independence, dignity, and integration. Documents regarding our Customer Service Standard are available upon request by email, or by phone: 905-326-6400 ext. 0
GENERAL TERMS AND CONDITIONS
www.smartreit.com and www.smartcentres.com (each the “Service” or the “Website“) is an online information service provided by SmartCentres IP Inc., subject to your agreement with the terms and conditions set forth herein including, all exhibits hereto.
The Website is owned by SmartCentres IP Inc. (“we” or “us“). Trademarks that appear on this website may be our trademarks or servicemarks or owned by other third parties that are not affiliated with us. We and our affiliates do not control or endorse the content(s) of third party websites and related services.
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, discontinue immediately the access and/or use of the Service. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review this Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
1. Access and Privacy
You agree to abide by all the policies and terms & conditions posted on the Website. We expect that you will exercise caution and best judgment when utilizing the Services. Furthermore, by accessing the Website you agree to comply with all applicable laws.
2. No Warranties; Limits on Liabilities
You assume total responsibility and risk for your use of the Website and the internet. We make no warranty that it will meet your requirements or that it will be timely, secure, accurate or error-free. The website and all services are provided “as is” and on an “as available” basis. Other than the warranties set out herein, we disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the website contains comprehensive information on any service or any categories of services whatsoever. In no event shall we be liable for any lost profits or special, incidental, consequential, economic, exemplary, or punitive damages (whether foreseeable or not) including without limitation lost of anticipated revenues or profits arising from any cause whatsoever (including intentional or negligent conduct), whether in contract or tort, or damages arising from any errors, mistake, omission, interruption or delay in the course of establishing, furnishing, changing or terminating any service provided through the website, or for accuracy or completeness of any information provided in this website, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow some limitations of liability, so the foregoing limitations may not apply to you.
Our obligations under this Agreement are subject to, and we shall not be liable for, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or the Services or any consequence thereof caused or occasioned by, or due to fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, including without limitations, acts or omissions of third party service providers, or any other cause beyond the reasonable control of us.
3 Content and Uses of the Website
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:
- Accessing data not intended for you or logging on to our server or an account which you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of our Website, our provision of services to any other visitors to our Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to our Website
The entire contents of the Website are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are SmartCentres IP Inc., its affiliates or other third party licenser’s. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the website, including text, graphics, code and/or software.
You may print and download portions of material from the different areas of the Website solely for your own noncommercial use. You hereby agree not to change or delete any copyright or proprietary notices from the materials downloaded or printed from the Website.
From time to time, we may accept inquiries on the Website. We make no representations and warranties that your inquiry shall be answered in a timely manner or that your inquiry may be responded to at all.
You agree to indemnify, defend and hold harmless SmartCentres IP Inc., its parent companies, subsidiaries, affiliates, any related parties and their respective officers, directors, employees, consultants, and agents or any of them from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of the Services provided by us, your violation of this Agreement or your infringement, or infringement by any other user of your Account, of any intellectual property right or other right of any person or entity. The Agreement will inure to our benefit and our successors, assigns and licensees.
We control and operate the Website from Ontario, Canada and all information is processed within Ontario, Canada. We do not represent that materials on the Website are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Website.
6. Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by the laws of the Province of Ontario and the applicable laws of Canada, without regard to conflicts of laws principles; as such laws are applied to agreements entered into and to be performed entirely within Ontario between Ontario residents. Both you and we submit to the exclusive personal jurisdiction of Ontario.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.
8. Entire Agreement