TERMS AND CONDITIONS OF ACCESS AND USE OF WEBSITE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions contain disclaimers of warranties, representations, conditions, guarantees and endorsements, exclusions and limitations of liability, waivers of rights, and acceptance of risks, in relation to the access to and use of this Site and the Information contained therein. By accessing or using this Site, you, as a User, acknowledge these Terms and Conditions and agree, without limitation or qualification, to be bound by them and by applicable laws. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THIS SITE OR ANY PAGES THEREOF.
1. Definitions. “CLC” means Canada Lands Company Limited and its subsidiary, Canada Lands Company CLC Limited. “Information” means the information, materials and content provided in the pages of a Site. “Personal Information” means any information about an identifiable individual within the meaning of the Privacy Act. “Site” means River’s Edge websites and Web pages, as the case may be. “User” means any person or entity having access to or using a Site.
2. Ownership, Monitoring. The Site is owned exclusively by CLC, who may monitor access to, use of, and other activities relating to the Site, and who may intervene in relation thereto but does not make any representation or warranty that it will do so. Users hereby consent to any such monitoring and intervention. CLC may, in its sole discretion, terminate, suspend or refuse to permit the access to or use of a Site, or any part thereof, by any User or other person or entity, for any reason and without notice.
3. Access and Use of Site and Information. Users agree that the access and use of this Site is at their sole risk, whether doing so from inside or outside Canada. Users are solely responsible for their compliance with applicable local, national and international laws. Users may not use, export or re-export the Information, or any adaptation thereof, in violation of applicable laws or regulations, including export laws and regulations of Canada in force from time to time. Users agree not to introduce into or through this Site any information or material which may constitute or encourage conduct that would constitute libel, slander, defamation, harassment or discrimination, or which may give rise to a criminal offense or civil liability on the part of any User or any other person or entity. Users warrant that information or material which they provide to CLC electronically through their access to or use of this Site does not infringe the rights of any person or entity. In addition, while accessing or using this Site, Users shall not:
- download, upload, post, transmit, publish or distribute any material or information for which they do not have all necessary rights;
- download, upload, post, transmit, publish or distribute any material or information which contain computer viruses or other codes, files or programs intended in any manner to disrupt or interfere with the functioning of this Site;
- interfere with or disrupt this Site or computer networks connected thereto, or gain unauthorized entry or access to same;
- reproduce, copy, modify, sell, distribute or otherwise exploit for any commercial purposes any Information contained within this Site;
- violate any law or regulation, any generally accepted Internet practice, or interfere with any other User’s ability to use this Site and any Information provided on this Site; or
- alter, forge or modify in any way any of the Information posted or accessible within this Site.
The content of this Site is provided for information purposes only and is not intended to provide any advice to Users. Information on this Site is provided on an “as is” and/or “as available” basis, without warranty of any kind, whether express, implied or statutory. Information on this Site may contain technical inaccuracies or typographical errors and may be modified, revised or updated by CLC without notice. Users have the sole responsibility to take reasonable and appropriate precautions to scan for viruses or other destructive properties when accessing or using the Information. The Information on this Site does not constitute an offer or solicitation by any person or to any person in any jurisdiction. The Information contained in this Site may be changed by or on behalf of CLC at any time, for any reason, without notice.
4. Disclaimer. CLC does not give, make or set any warranties, representations, conditions, guarantees or endorsements, whether expressed or implied by law, statute, common or trade usage or otherwise, with respect to the functionality or conditions of this Site or the Information contained therein, including, without limitation, warranties as to merchantability, operation, non-infringement, title, usefulness, completeness, accuracy, adequacy, currency, reliability or fitness for a particular purpose. CLC does not give, make or set any express or implied warranties, representations, conditions, guarantees or endorsements to the effect that the Information, accessed from or through this Site, will be uninterrupted or free of errors, omissions, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected. Links or hyperlinks from or to other websites or Internet resources outside the Site are meant for convenience only and are at Users’ own risks. CLC makes no representations whatsoever about any other websites which Users may access through the Site, and CLC shall not be responsible or liable for any damages in connection with linking or hyperlinking. CLC does not endorse, nor accept any responsibility for, the content, or the use, of any linked or hyperlinked website.
5. Limitation of Liability. CLC, its shareholders, affiliates, directors, officers, employees, advisors and persons associated with the creation of this Site or its contents, are not responsible for and shall not be liable to Users or other persons or entities for any claims, losses, costs, expenses or damages whatsoever, whether direct, indirect, incidental, special, consequential, exemplary or punitive damages, arising out of or in connection with this Site, the Information contained therein, or the access to or use thereof, or inability to access or use this Site or any other linked or hyperlinked website, including, without limitation, any injuries, fines, fees, penalties, lost profits, lost savings, business interruption, lost data, loss of programs or of use, whether on information handling systems or otherwise, even if CLC was advised of the possibility of such claims, losses, costs, expenses or damages.
6. Indemnity. Users agree to indemnify, defend and hold harmless CLC, its shareholders, affiliates, directors, officers, employees, advisors and persons associated with the creation of this Site or its contents, from any and all claims, demands, causes of action, liabilities, damages, expenses, costs and fees (including reasonable legal fees) due to, arising from or related to Users’ access or use of this Site and the Information, or to the access or use of Users’ accounts, or to Users’ violation of these Terms and Conditions or of any other terms and conditions under any other agreement applicable to any Information, or to any Users’ misrepresentations, or to Users’ violation of any rights of another.
7. Intellectual Property. CLC retains the intellectual property rights to this Site. This Site and the Information contained therein are protected by copyright. Certain names, words, titles, phrases, logos, icons, graphics, designs or other content in the pages of the Site are trade names or trade-marks owned by or licensed to CLC. The display of trade-marks and trade names on pages in the Site does not imply that a licence of any kind has been granted to anyone else. Users shall not copy, distribute, publish or otherwise make public or for commercial use any content of this Site in any form. Any unauthorized downloading, transmission or other copying or modification of trade-marks, trade names or the content of the Site may be a violation of federal or other law or common law rights and could expose the User to legal action.
8. Privacy, Confidentiality. CLC is committed to take all reasonable measures to protect the privacy of Users with respect to the Personal Information they provide and to give effect to the principles contained in its Privacy Notice pursuant to applicable privacy legislation, including the requirements, exclusions and exceptions provided therein. By accessing and using this Site, Users accept, acknowledge and consent to CLC’s Privacy Notice, as amended from time to time, as well as to the collection, use, disclosure, retention and disposal of Personal Information that Users provide. Despite CLC’s best efforts to take measures to ensure the protection of Personal Information, the risk that the confidentiality or privacy of such information is violated, lost or otherwise breached cannot be excluded. Users understand, accept and agree that access to or use of the Site is at the their own risk, which entails a waiver of rights or remedies against CLC for any prejudice whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of Personal Information. CLC is not responsible for and shall not be liable to Users or other persons or entities for claims, losses, costs, expenses or damages whatsoever arising out of or in connection with the exchange, collection, use, disclosure, retention or disposal of Personal Information, except in cases where such prejudice results directly and entirely from the negligence of CLC in the performance of its legal obligations under the Privacy Act.
9. Agreement, Amendment. These Terms and Conditions, including any documents referenced or linked herein and any other applicable terms and conditions contained on this Site, constitute the entire agreement between CLC and Users pertaining to their access to and use of this Site and the Information herein. CLC’s failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision hereof. CLC reserves the right to amend, modify, alter, revise or otherwise update these Terms and Conditions from time to time, without notice, by updating this posting. Users agree to review the Terms and Conditions regularly and to be bound by such Terms and Conditions as are in effect at the time when they access or use CLC’s Site. Users’ continued access or use of the Site shall mean and imply agreement by Users to any such amendment.
10. Jurisdiction, Language. The Site originates in Ontario, Canada and is operated by CLC. This Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of laws. By accessing and using this Site, Users submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario. CLC is bound by the Official Languages Act, and accordingly CLC information is available in French and English. However, any information on this Site that is linked to or provided by an external website or third party is available only in the language in which it was provided.