Terms of Use
I. DISCLAIMER
Information, including availability, features, floor plans and rent ranges, are
subject to change without prior notice and should be verified by users, please refer
to our online Terms & Conditions for the rules which govern the information provided
on this web site.
II. LEGAL POLICY
Terms and Conditions of Use
Thank you for visiting the CAP REIT website (this “Site”). This
Site is provided for your informational purposes only. This Site is provided to
you by Canadian Apartment Properties Real Estate Investment Trust, its subsidiaries,
affiliates, successors, assigns and third party service providers (collectively
“CAP REIT”). Your use of this Site is subject to these terms and
conditions of use (these “Terms”). Your use of this Site constitutes
your agreement to these Terms. If you do not agree with these Terms, you may not
use this Site. You may print and keep a copy of these Terms.
Modifications of Terms and Conditions of Use
CAP REIT reserves the right to change or modify these Terms at any time. CAP REIT
shall post all changes or modifications to these Terms on this Site. Each use of
this Site shall constitute your acceptance of the then current Terms posted on the
Site at the time of such use.
Use of this Site
The information and materials contained at this Site, including the text, graphics,
sound files, video files, logos, images, arrangement and general design of the Site
(collectively, the “Content”) is owned or licensed by CAP REIT
and CAP REIT authorizes you to view or download the Content solely for your personal,
non-commercial use provided you retain all proprietary notices
contained in the Content. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell any Content. You may not use any Content for commercial purposes without obtaining
CAP REIT’s prior written consent, which consent may be withheld at CAP REIT’s sole
discretion.
You may not use this Site for any purpose that is unlawful or prohibited by these
Terms. You may not use this Site in any manner which is contrary to any local, provincial,
national, international and foreign laws or regulations which are applicable to
your use of this Site. You may not use this Site in any manner which could damage,
disable, overburden or impair this Site or interfere with any other party’s use
and enjoyment of this Site.
Content
Although CAP REIT uses reasonable efforts to update and review the accuracy of the
Content, CAP REIT makes no warranties or representations that the Content is current
and/or accurate. CAP REIT assumes no liability or responsibility for any errors
contained in the Content.
Unless otherwise indicated, leases generally have an initial term of 12 months.
Users should check with the individual building management of CAP REIT to confirm
the length of a lease.
Information, including availability, features, floor plans and rent ranges, are
subject to change without prior notice and should be verified by users. Prices,
apartment or lease specifications and all other Content is made available for information
purposes only and may not be accurate or complete. Any rate or lease calculation
is provided as an estimate for your reference only. Only a CAP REIT building manager
can provide you with the actual price or lease cost, as applicable, of any lease
or services you may wish to apply for.
Modification of Content
CAP REIT reserves the right to make changes to the Content, including all prices
and availability, at any time without notice. If a posted price for a lease or apartment
is incorrect, CAP REIT is only responsible for the correct price, which CAP REIT
shall provide you with upon becoming aware of any error. CAP REIT reserves the right
to refuse or cancel any leases, listings or services displayed at an incorrect price.
Your Information
Any personal information that you submit to us or post on this site will be treated
in accordance with our Privacy Policy. By submitting or posting your personal information,
you are indicating your consent to our collection, use and disclosure of such personal
information in accordance with our privacy policy.
You are prohibited from posting or transmitting to or from this Site any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane or
pornographic material, or any other material that could give rise to any civil or
criminal liability under all applicable local, provincial, national, international
and foreign laws or regulations governing this Site and your use thereof.
Disclaimer
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. CAP REIT DISCLAIMS
ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT
TO THE SITE OR ANY OF THE CONTENT.
CAP REIT DOES NOT WARRANT THAT THE SITE AND THE CONTENT ARE FREE FROM ERRORS OR
OTHER PROGRAM LIMITATIONS OR THAT THE SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM
IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES
OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS SITE INCLUDING BUT NOT
LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION
PERTAINING TO YOUR OWNER’S ACCOUNT. YOU SPECIFICALLY ACKNOWLEDGE THAT CAP REIT SHALL
NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES.
Limitation of Liability
IN NO EVENT SHALL CAP REIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR
ITS CONTENT, EVEN IF CAP REIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, THE ENTIRE LIABILITY OF CAP REIT UNDER ANY PROVISION OF THIS AGREEMENT
SHALL BE LIMITED TO CAD $5.00.
Links
Links to external web sites (the “Linked Sites”) are provided only
as a convenience and do not constitute an endorsement by CAP REIT of the owners
or operators of the Linked Sites, an endorsement of the content, products, advertising
or other materials contained in the Linked Sites, or any association between CAP
REIT and the Linked Sites. CAP REIT is not in control of any of the Linked Sites
and is not responsible for the contents of the Linked Sites, including without limitation
any link contained in the Linked Sites or any changes or updates to the Linked Sites.
Trademarks
CAP REIT and all other trademarks and service marks appearing on this Site are registered
trademarks, trademarks or service marks of CAP REIT. All custom graphics, icons,
logos and other items that appear on this Site are trademarks or service marks of
CAP REIT. The use of any CAP REIT trademark or service mark without obtaining prior
written consent from CAP REIT is strictly prohibited. All other trademarks, product
names and company names or logos cited herein are the property of their respective
owners.
Indemnity
You agree to defend, indemnify and hold CAP REIT, its employees, directors and related
entities harmless from and against any and all liabilities, costs and expenses including
reasonable attorneys’ fees, related to any violation of these Terms by you in connection
with your use of this Site.
Severability
If any provision of these Terms is invalid or unenforceable under applicable law,
then it shall be, to that extent, deemed omitted and the remaining provisions will
continue in full force and effect.
Entire Agreement
Unless specifically provided herein, these Terms constitutes the entire agreement
between you and CAP REIT with respect to your use of this Site. These Terms shall
supersede all prior agreements, understanding, negotiations and discussions, either
oral or written between the parties. There are no representations, warranties, conditions
or other agreements, express or implied, statutory or otherwise, between the parties
in connection with the use of this Site except as specifically set forth herein.
Termination
CAP REIT reserves the right, in its sole discretion, to terminate your access to
this Site and the related services or any portion thereof at any time, without notice,
if you are in breach of any of the provisions herein.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the
Province of Ontario and the federal laws of Canada applicable therein. You hereby
expressly consent to the sole and exclusive jurisdiction and venue of the courts
of the Province of Ontario, for any legal proceeding arising out of or relating
to your use of this Site or these Terms.
III. CONSENT
At CAP REIT, we are committed to protecting your privacy through practices that
limit the collection, use, disclosure, disposition and destruction of personal information.
By providing us with your personally identifiable information, you consent to our
collection, use and disclosure of such information in accordance with our Privacy
Policy.