Thank you for expressing interest in the website (referred to as the “Website”) of Resident Properties Limited, along with its affiliates, predecessors, successors, lenders, investors, prospective investors, asset managers, employees, managers, shareholders, and beneficial owners of the Properties (as defined below), as well as managed investments. Collectively, all these are referred to as “Resident”. The following Terms of Use establish an agreement between Resident and users of our Website (referred to as “you”). Kindly review these terms carefully. By accessing or using the Website, you acknowledge and agree to abide by the Terms of Use without any reservations. If you are engaging with these Terms of Use on behalf of a company or another legal entity (including your employer), you assert that you possess the authority to legally bind the entity. If you do not concur with these Terms of Use, we kindly ask that you refrain from using the Website.

In these Terms of Use, the word “including” and its derivatives means “including without limitation”, and the word “use” and its derivatives includes accessing.

 

1. Changes

Resident reserves the right to modify the Terms of Use without prior notice to you. These revisions will become effective upon posting, and Resident also retains the authority to make alterations to any aspect of the Website, without assuming any liability. By continuing to utilize the Website, you are indicating your acceptance of these revised Terms of Use and are agreeing to periodically visit this page to stay informed about the current version of the Terms of Use, as they may be updated over time. Should you not concur with the Terms of Use, we kindly request that you refrain from using the Website.

 

2. Use of Website

Access to the Website from locations where the Content is illegal, is strictly prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all laws applicable in your jurisdiction. The Website contains an array of elements including web pages, text, images, sounds, software, and various forms of information, all collectively referred to as the “Content“. It’s important to note that this Content is offered solely for general informational purposes. You are permitted to view and print web pages from the Website for your own personal, informational, and non-commercial use. However, any other actions such as copying, reproducing, modifying, collecting, republishing, distributing, or cataloguing any part of the Content require explicit consent from Resident. Without such consent, these actions are not permissible. Moreover, unless specifically allowed by Resident, the Website and its Content cannot be utilized for any form of commercial purposes.

 

3. Confidentiality

The privacy, integrity, validity or authenticity of any communication over the internet between you and Resident cannot be ensured. Resident is not responsible for any damages you may suffer if you communicate confidential information over the internet or if Resident communicates such information to you at your request.

 

 

4. Submissions

Any questions, comments, suggestions, or other communications you provide concerning the Content or any document associated with Resident will be considered non-confidential. Resident assumes no obligation in relation to these communications. Consequently, Resident holds the right to reproduce, use, disclose, distribute, or otherwise engage with such communications without any restrictions. Moreover, Resident retains the freedom to utilize any ideas, concepts, techniques, or know-how conveyed in such communications for any intended purpose.

 

5. Prohibited Uses

Your usage of the Website must not involve any unlawful activities or infringement upon the rights of Resident. Furthermore, you are bound not to permit your employees or agents to:

 

1. — Interfere with Website Operation: You agree not to disrupt the functioning of the Website, either by interfering directly or by affecting the experience of other users.
2. —Unauthorized access to computer systems through the Website is also prohibited.
3. — Transmission of Harmful Material: You are prohibited from transmitting any material that is unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful in nature. You also agree not to transmit material that promotes activities constituting criminal offenses, potential civil liabilities, or breaches of local, provincial, state, national, or international laws or regulations.
4. — Impersonation: Impersonating any individual or entity on or via the Website is strictly prohibited.
5. — Inappropriate Content: Posting content that is considered threatening, abusive, vulgar, obscene, or otherwise objectionable is not allowed.
6. — Content Usage Restrictions: You are not permitted to copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape content, aggregate, sublicense, market, or exploit the Website or any Content, except when explicitly permitted in writing by Resident. Such usage, if allowed, should not involve modifying the content or altering/removing any marks, disclaimers, copyright, or trademark notices. Exceptions can be made in compliance with fair use, fair dealing, or similar provisions of applicable laws.
7. — Additionally, you commit to adhering to any supplementary rules, policies, and constraints that you are provided with notice of, which are applicable to the Website.

 

6. Personal Information

Resident uses your personal information while adhering to its Privacy Policy (referred to as the “Privacy Policy”). This Privacy Policy is an integral part of these Terms of Use and can be accessed here. Your usage of the Website signifies your agreement to the collection, utilization, and disclosure of your personal information in alignment with the most current rendition of the Privacy Policy.

 

7. Proprietary Rights

Copyright: The Content is the exclusive property of Resident or, as applicable, its suppliers and partners and is protected under the copyright laws of Canada and other countries. All rights are reserved. Any infringement of Resident’s rights will result in appropriate legal action.

 

8. No Warranties

Resident DOES NOT GUARANTEE THE QUALITY, ACCURACY, VALIDITY  COMPLETENESS OR TIMELINESS OF THE INFORMATION PROVIDED ON THE WEBSITE, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE WEBSITE WILL BE ERROR FREE OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION.

Resident DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS REGARDING USE OF THE WEBSITE OR THE INFORMATION PROVIDED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

 

9. Exclusion of Liability

Resident IS NOT RESPONSIBLE FOR ANY direct, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AGGRAVATED OR PUNITIVE DAMAGES OR ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS OR OTHER PECUNIARY LOSS WHATSOEVER AND HOWSOEVER CAUSED, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR MISUSE OF THE WEBSITE OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF Resident HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.

IN THE EVENT THE ABOVE EXCLUSION OF LIABILITY IS NOT TENABLE AT LAW, IN NO EVENT SHALL Resident’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR MISUSE OF THE WEBSITE, OR IN RELIANCE ON THE INFORMATION AVAILABLE ON THE WEBSITE EXCEED $5 CANADIAN.

If you are dissatisfied with the website or with these Terms and Conditions, you agree that, subject to anything otherwise stated herein, your sole and exclusive remedy is to discontinue using the website.

 

10. Indemnity

You hereby agree to indemnify, defend and hold harmless Resident and the partners, members, shareholders, officers, directors, employees, consultants, lawyers and agents of Resident, from any and all third-party claims, liability, damages or costs they incur arising as a result of your misuse of the Website or your violation of the Terms of Use.

 

11. Viruses

Resident, along with its partners, suppliers, and affiliates, does not take responsibility and will not be held liable for any damages to your computer equipment or other property, nor for any viruses that might infect them due to your use of the Website or the act of downloading any Content from the Website.

 

12. Governing Law

The laws of the Province of Ontario and the federal laws applicable in the Province of Ontario will govern this agreement and apply to any issue that might arise regarding this Website, and that such dispute will be settled or adjudicated in the superior courts in Toronto, Ontario, to which you hereby attorn.

 

13. Termination of Access

Resident reserves the exclusive right, exercised at its sole discretion, to cease your entitlement to use the Website or the Content at any time, for any reason, without prior notice to you, and without incurring any liability towards you or any other individual. In the event that Resident terminates your authorization to use the Website, the Terms of Use will persist and continue to be binding in relation to your usage of the Website prior to the termination of your access. This applies to any Content acquired by you from the Website, and any matters linked to, associated with, or arising from those actions.

 

14. No Endorsement or Recommendation

The information presented on the Website is intended solely for informational and reference purposes. Resident does not provide its endorsement or recommendation for any facility, business, or event of third parties that may be mentioned on the Website. Furthermore, Resident does not make any representations or warranties regarding the reliability, financial condition, or suitability for any specific purpose of these mentioned facilities, businesses, or events.

 

15. Links

Periodically, the Website might provide hyperlinks for access to other websites (“Third Party Websites”). These Third Party Websites are separate from the Website and Resident, and their presence should not be misconstrued as indicating any affiliation, endorsement, representation, or warranty by Resident of these Third Party Websites, entities, or the content, advertising, products, services, information, materials, opinions, or links available within the Third Party Websites (“Third Party Content”). Resident does not engage in reviewing or monitoring the Third Party Websites and bears no responsibility or liability for any of the Third Party Content.

You also recognize and agree that Resident will not be held liable, whether directly or indirectly, for any damage or loss allegedly caused by or associated with your utilization of or reliance on the Third Party Websites or the Third Party Content.

 

16. Information on Website / Liability of Resident

The properties listed on this Website at any time and from time to time, are herein referred to as the “Properties”. These listings might encompass, without limitation, supplementary leasing aspects such as potential expansion, renovation or upgrades, shadow anchors, and other relevant factors. These listing may also include, without limitation, vacant property sales, building sales, condominium listings and other related aspects. It’s important to note that this information might deviate from the data disclosed by the Properties’ owners in their respective financial filings or continuous public disclosure documents.

 

Consequently, the information presented on this Website should not be utilized for the purpose of conducting any financial analysis of Resident or any of the Properties’ owners. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INFORMATION CONTAINED ON THE WEBSITE IS NOT INTENDED FOR USE BY LENDERS, INVESTORS, SYNDICATIONS, PROSPECTIVE PURCHASERS, REALTORS OR ANY OTHER PERSONS VIEWING THE WEBSITE, AND RESIDENT SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS OR MISREPRESENTATIONS CONTAINED ON THE WEBSITE WHICH ARE RELIED UPON BY ANY PERSON OR PERSONS. THIS INCLUDES, WITHOUT LIMITATION, ANY FORWARD-LOOKING STATEMENTS, HISTORICAL ANALYSES, BELIEFS, EXPECTATIONS, ASSUMPTIONS AND WISHES.

 

17. Entire Agreement Clause

These Terms of Use constitute the entire agreement between you and Resident regarding the Website, the Content, and any information obtained through the Website by communication with Resident’s personnel. This agreement supersedes and replaces all prior or contemporaneous understandings or agreements, whether written or oral, concerning the Website. No alteration, amendment, or waiver of any provision of these Terms of Use will be valid unless in writing and signed by an authorized representative of Resident.

 

18. No Waiver

Resident’s failure to insist upon or enforce strict performance of any provision of the Terms of Use will not be construed as a waiver of any provision or rights it may have under the Terms of Use.