Legal Page| CANMARC REIT

CANMARC REIT Website Terms of Use and Legal Restrictions

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS CANMARC REIT WEBSITE.

These Terms of Use (the “Terms”) constitute a legal agreement between you and CANMARC Real Estate Investment Trust (“CANMARC REIT”), the owner and operator of this website. This website and all written and other materials displayed or made available through this website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively the "Content") and any services provided through the website (the “Services”) are provided to you subject to your agreement to be bound by these Terms. By accessing and using this website, the Content and/or the Services, you are indicating your acceptance to be bound by these Terms. If you do not accept these Terms, you must not access or use the website, the Content or the Services. CANMARC REIT may revise these Terms at any time by updating this posting. Your continued use of this website, the Content and/or the Services will be conditioned upon the Terms in force at the time of your use. Your use of the website, the Content and/or the Services after any such changes are posted will signify your acceptance of these revised Terms. You should visit this page periodically to review the then current Terms.

Copyright & Trademark Notices

CANMARC, the CANMARC Logo and other names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the website or in the Content are trademarks or trade names of CANMARC REIT or third parties. This website and the Content, including any information, software, photos, video, text, graphics, music, sounds or other material available on this website, in all forms, media and technologies existing now or hereafter developed, are valid and protected under Canadian and international copyright laws and intellectual property laws. Except as expressly provided in these Terms, any reproduction, retransmission, distribution, republication, modification, adaptation, translation of, creation of derivative works based on, exploitation of, or participation in the transfer or sale of this website and/or the Content, in whole or in part is strictly prohibited. You acquire no right, title or interest in or to the website or the Content other than the limited right to use the website, the Content and the Services in accordance with these Terms. CANMARC REIT may suspend or terminate your use of this website, the Content and/or the Services immediately, without notice, in its sole discretion. Any unauthorized use of the website, the Content or the Services or the trademarks, trade names, copyright or other intellectual property rights of CANMARC REIT or its licensors is strictly prohibited, and CANMARC REIT reserves the right to take such steps as it deems necessary, including legal action, to enforce such rights.

Notwithstanding the foregoing, and subject to the terms and conditions of these Terms, you are granted a limited, non-transferable and non-exclusive license to access, view and use the website and the Content for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. If you violate any provision of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any Content.

User Submissions Not Privileged

Any material, information or other communication (including feedback data, such as questions, comments, suggestions) you transmit or post to this website or submit to CANMARC REIT by any other means (collectively “Submissions”) will be considered non-confidential and non-proprietary. CANMARC REIT shall have no obligations with respect to your Submissions. You hereby grant CANMARC REIT a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display Submissions for any purpose and/or incorporate Submissions (in whole or in part) in any form, media or technology now known or developed in the future, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights, for any and all commercial or non-commercial purposes. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in your Submissions in favour of CANMARC REIT and (ii) acknowledge and agree that CANMARC REIT is not responsible for any loss, damage or corruption that may occur to your Submissions.

You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any applicable law.

External Links

This website may include links to other websites maintained by third parties. CANMARC REIT provides access to such websites solely as a convenience to you. CANMARC REIT has no control over such third party websites and you acknowledge and agree that that inclusion of hypertext links to such websites does not imply endorsement by CANMARC REIT of such websites or any content, advertising, products or other material available from such sites. CANMARC REIT shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third party websites, and CANMARC REIT does not make any representation or warranty of any kind regarding any third party website including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites, or (iii) any representation or warranty that the operation of such third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.

While CANMARC REIT generally accepts links to this website, it reserves the right to prohibit or refuse to accept any link to this website and, upon CANMARC REIT request, you agree to remove any link you may have to this website.

Any information sent or received over the internet is generally unsecure. CANMARC REIT cannot guarantee the security of any communication to or from this website.

Disclaimer

THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Although CANMARC REIT uses reasonable efforts to maintain the accuracy and currency of the Content of this website, CANMARC REIT makes no warranties or representations as to its accuracy or currency, and CANMARC REIT disclaims all warranties, conditions and representations with respect to this website, the Content and the Services, whether express or implied or collateral or whether arising by statute, course of dealing, custom or usage of trade, including without limitation: (i) the merchantability and fitness for a particular purpose of any Content; (ii) this website, the Content or Services will be accurate, complete, current, reliable or timely; (iii) the website will be uninterrupted or error free, that defects or errors in this website will be corrected, or that this website will be free from viruses or other harmful components; and (iv) any and all other warranties, obligations and conditions, including in the case of Quebec, under Quebec’s civil law, including without limitation to those set forth in Book V of the Civil Code of Quebec (including under Article 2100 C.C.Q.). CANMARC REIT assumes no liability or responsibility for any errors or omissions in the Content of this website and the use of this website, the Content and the Services is entirely at your own risk.

Material contained on this website is not intended to constitute an offering of securities in any jurisdiction applicable to CANMARC REIT, nor is the information intended to provide any investment, legal, or business advice to any individual or entity. Persons are advised to consult their own advisors before taking any action based on the information contained in this website and as to their own specific circumstances.

Although CANMARC REIT uses reasonable efforts to ensure that all software provided at this website, or as a link from this website, is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the software with your specific computer system.

Limitation of Liability

IN NO EVENT WILL CANMARC REIT, ITS AFFILIATES, ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON OR SERVICES PROVIDED THROUGH ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Indemnity

You agree that your use of this website, the Content and/or the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against CANMARC REIT, its affiliates, licensors or participating vendors. You agree, at your own expense, to indemnify, defend and hold CANMARC REIT, its affiliates, licensors and participating vendors and its and their respective directors, officers, employees, representatives, and agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of (i) your breach of these Terms; and/or (ii) your use of the website, the Content and/or the Services.

General

If you breach any of these Terms, your authorisation to use this website automatically terminates and you must immediately destroy any downloaded or printed Content.

These Terms constitute the entire agreement between you and CANMARC REIT with respect to the subject matter hereof. These Terms shall inure to the benefit of, and be binding upon you and CANMARC REIT and each of our respective successors and assigns. If any provision of these Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

By accessing or using this website, you agree that all matters relating to your access to, or use of the website and the Content and Services shall be governed by the laws of the Province of Québec and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Québec with respect to all matters relating to this website.

[The CANMARC REIT privacy policy is available at www.canmarc.ca, the terms of which are incorporated herein and you agree that the terms of such policy are reasonable. You consent to the use of your personal information by CANMARC REIT and/or its third party providers and distributors in accordance with the terms and for the purposes set forth in such privacy policy.]