LYNDENPARKMALL.COM WEBSITE TERMS AND CONDITIONS OF USE
The Lynden Park Mall Website (http://www.LyndenParkMall.com) (“the Website”) is offered to you subject to your acceptance of the Terms and Conditions contained herein.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL DISCONTINUE YOUR USE OF THE WEBSITE.
Ownership of Website
All right, title and interest in the Website is owned by or licensed NA(LPM) Limited Partnership and I.G. Investment Management Ltd., as trustee for Investors Real Property Fund (“The Owner”). The materials provided on the Website including, without limitation, all content, site design, text, graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials is strictly prohibited.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information or services obtained from the Website without the express written consent of the owner, which consent shall be at the owner’s sole discretion.
Modification of These Terms and Conditions of Use
The owner reserves the right to amend these Terms and Conditions at any time by posting the amended terms on the Website, which posting shall constitute notice to you. All amended terms shall be effective immediately upon such notice.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE OWNER, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. NOR DOES THE OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED, THROUGH THE WEBSITE.
ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. THE OWNER DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.
You hereby acknowledge and agree that: (a) The Owner does not screen the employment listings posted on the Website; (b) The Owner does not guarantee the nature of the positions listed on the Website or the truth or accuracy of the description of such positions; (c) your application via the Website does not create an employer-employee relationship The Owner; and (d) The Owner shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the Website.
Limitation of Liability
IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE OWNER HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to The Owner that you will not use the Website for any purpose that is unlawful or prohibited by these Terms or Conditions.
You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
You agree not to upload or otherwise transmit to or through the Website any material that: (i) infringes on any rights of third parties; and/or (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user’s equipment or software.
Links to Other Sites
The Website may contain links to other websites (“Linked Sites”) operated by parties other than The Owner. Such Linked Sites are not under the control of The Owner and The Owner is not responsible for the contents of any Linked Site. The Owner is providing you with a link to the Linked Sites as a convenience and the inclusion of any such link does not imply endorsement by The Owner of the Linked Site or any association with its operators.
Any notices may be given to you by any means including, but not limited to: (a) email; (b) notices or messages posted on the Website; or (c) any other means by which you obtain notice thereof.
You agree to indemnify and hold The Owner, its subsidiaries, affiliates, directors, officers and employees, harmless from all claims, liabilities, damages, losses, including reasonable legal fees and expenses, due to or arising out of your use of the Website or your breach of these Terms of Conditions.
Either you or The Owner may terminate this relationship with or without cause at any time.
You agree that The Owner may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of the Terms and Conditions. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.
Should you object to the Terms and Conditions or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.
The Owner shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Applicable Law and Governing Law
You agree to comply with all applicable laws and regulations. These Terms and Conditions and all related transactions shall be governed by the laws of the Province in which the shopping centre to which the Website refers is located and the applicable laws of Canada. The parties hereby agree to the non-exclusive jurisdiction of the courts of the Province in which the shopping centre to which the Website refers is located.
In case any of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
The section headings used herein are for convenience of reference only and do not form part of these Terms and Conditions.
Benefit of the Agreement
These Terms and Conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations here under without The Owner’s prior written consent, which consent shall be at The Owner’s sole discretion.