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User Agreement (the "Agreement")
This Agreement sets out the terms pursuant to
which any individual, group, corporation, company, organization
or association (a"User") may use the Eichler
Estates(hereinafter "EE") web site and
its associated services.
Use of Site
Neither this site, nor any portion thereof may be reproduced,
duplicated, copied, sold, encumbered, assigned or otherwise
exploited for any commercial purpose that has not been
expressly permitted by EE. If EE reasonably
believes that a User's conduct violates
any applicable law or may be detrimental to the interests
of EE, its affiliates, any other User,
or any listed service, EE reserves the absolute
right to do any thing that it considers necessary to
address that conduct. For greater clarity, and without
limiting the generality of the foregoing, EE
reserves the right to refuse service, terminate a User's
access to the site, terminate a User's
account, and/or cancel an information request. The phrase
"conduct detrimental to the interests of EE"
will include the submission by a User, of any
false or potentially misleading information whatever.
Intellectual Property Rights/Copyright
All rights, titles and interests in and to this site,
including without limitation all text, the compilation
of content, graphics, logos, button icons, images, audio-clips,
and software, including all proprietary rights therein
including all patent rights, trade secrets and copyrights,
shall remain the exclusive property of EE or any
listed service and is protected by Canadian and international
copyright law, including the Berne Convention.
This site and the content thereof, may be used in the
planning, organizing and execution of corporate and
private events. Any other use, including the reproduction,
modification, imitation, distribution, transmission,
publication, or display of any site content, is strictly
prohibited. No interest, license or any right
respecting the Information, other than expressly set
out herein, is granted to a User under this Agreement
by implication or otherwise.
EE respects the intellectual property rights
of others and would not knowingly infringe on such rights.
However, if you reasonably believe that your intellectual
property rights have been violated in a manner that
constitutes copyright or trademark infringement, please
provide EE with notice containing the following
information:
- A description of the copyrighted work or trademark
that has been allegedly infringed;
- A description of where the allegedly infringement
material is located on the EE site;
- The name or authorized agent of the owner of the
copyright or trademark interest in question;
- Contact information, including the name, address,
telephone number, fax number and email address of
the legal representative of the owner of the copyright
or trademark interest in question;
- A signed good faith statement that the materials
in question have been used in violation of a valid
copyright or trademark interest; and
- A signed statement attesting that the information
contained in the notice is accurate and that the signatory
is or acting on behalf of the owner of the intellectual
property in question.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, EE PROVIDES
THIS SITE TO A USER, AND PROVIDES THE EQUIPMENT, THIRD
PARTY SOFTWARE AND SERVICES TO A USER ON AN "AS IS"
BASIS. EE EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY,
DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USE OF TRADE. EE DOES NOT
REPRESENT OR WARRANT THAT (i) THE CONTENT, INFORMATION,
OR PRODUCTS WILL MEET USER'S BUSINESS REQUIREMENTS,
OR (ii) THE OPERATION OF THE SITE WILL BE VIRUS-FREE
OR ERROR-FREE OR UNINTERRUPTED OR THAT THE RESULTS OBTAINED
FROM ITS USE WILL BE ACCURATE OR RELIABLE. THE ENTIRE
RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE IS
ASSUMED BY A USER.
Limit of Liability
(a) IN NO EVENT WILL EE, OR ANY THIRD PARTY SERVICE
OR DISTRIBUTOR BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT,
OR CONSEQUENTIAL LOSS OR DAMAGE, LOST BUSINESS REVENUE,
LOSS OF PROFITS, LOSS OF DATA, LOSS OF COVER, DAMAGES
FOR DELAY, PUNATIVE OR EXEMPLARY DAMAGES, FAILURE
TO REALIZE EXPECTED PROFITS OR SAVINGS, LOSS OF ENJOYMENT
OR ANY CLAIM AGAINST EVENT ORGANIZER BY ANY OTHER PERSON
WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
(i) ANY USE OF THIS SITE OR THE CONTENTS THEREOF, (ii)
ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO,
THE USE OR INABILITY TO USE ANY COMPONENT OF THIS SITE
FOR INFORMATION OR RESERVATIONS), OR (iii) THE PERFORMANCE
OR NON-PERFORMANCE BY EE OR ANY THIRD PARTY PROVIDER
OR DISTRIBUTOR, (EVEN IF EE HAS BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES).
(b) EE shall be liable to a User as expressly
provided in this Agreement but shall have no
other obligation, duty, or liability whatsoever in contract,
tort or otherwise to a User including any liability
for negligence. The limitations, exclusions and disclaimers
in this Agreement shall apply irrespective of
the nature of the cause of action, demand, or action
by a User, including but not limited to breach
of contract, negligence, tort, or any other legal theory
and shall survive a fundamental breach or breaches or
the failure of the essential purpose of this Agreement
or of any remedy contained herein.
(c) Neither party shall be responsible or liable for
any loss, damage or inconvenience suffered by the other
or by any third person, to the extent that such loss,
damage or inconvenience is caused by the failure of
the other party to comply with its obligations under
this Agreement.
(d) Neither party may bring an action, regardless of
form, arising out of or related to this Agreement
(other than to recover fees or expenses due to EE)
more than two (2) years after the cause of action has
arisen or the date of discovery of such cause, whichever
is later.
(e) a User agrees to indemnify and hold EE
harmless from and against any claims, suits, actions
or proceedings (a "Claim") brought and judgments
awarded against EE by any client of a User
or an Affiliate of a User or any other person
or entity in respect of which the site information is
used to the extent that such Claims are based
upon any loss or damage suffered by such persons as
a result of such use of the site. EE shall give
a User prompt written notice of such Claims,
permit a User to defend and/or settle such claims,
and give a User all information and assistance
reasonably requested by a User in connection
with such claims. Affiliates shall not have the right,
and a User shall ensure that Affiliates do not,
institute any claim directly against EE under
or related to this Agreement.
Privacy
The User agrees and acknowledges that the
privacy policy has been read, and that the terms thereof
are incorporated herein. Further, the User
agrees and acknowledges that the terms of the privacy
policy are reasonable and consents to the use of their
personal information in accordance with terms set forth
in the privacy policy.
Comments & Reviews
EE invites a User to post reviews
of and comments regarding the services and products
featured on the site. A User who posts such
a review or comment agrees and acknowledges by doing
so, EE has been granted a perpetual, non-exclusive,
irrevocable, assignable, royalty-free, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate,
create derivative works therefrom, distribute and display
such reviews and comments, and any information contained
therein, in any fashion whatsoever, at the sole discretion
of EE.
Applicable Law
This Agreement shall be governed by and construed
in accordance with the laws of the Province of Ontario
and the laws of Canada applicable thereto without reference
to its conflict or choice of law rules or principles.
The parties hereby submits to the exclusive jurisdiction
of the courts of the Province of Ontario for any
legal action arising out of this Agreement or the
performance of the obligations hereunder or thereunder.
Regardless of an User's residency, citizenship
or location, this Agreement shall be deemed to
be made in the Province of Ontario and the User
agrees not to commence any action, suit or proceeding
against EE or any affiliate of EE or any
of their employees, officers or directors in any jurisdiction
other than the Province of Ontario.
Waiver
No modification, addition to or waiver of any rights,
obligations or defaults shall be effective unless in
writing and signed by the party against whom the same
is sought to be enforced. One or more waivers
of any right, obligation or default shall not be construed
as a waiver of any subsequent right, obligation or default.
No delay or failure of EE in exercising any right
hereunder and no partial or single exercise thereof
shall be deemed of itself to constitute a waiver of
such right or any other rights hereunder.
Severance
The parties agree that it is the intention of each party
not to violate any public policy, statutory or common
law or government regulation. To the extent that
any provision, portion or extent of this Agreement
is deemed to be invalid, illegal or unenforceable, such
provision, portion or extent shall be severed, deleted
or limited so as to give effect to the intent of the
parties insofar as possible and the parties will use
their best efforts to substitute a new provision of
like economic intent and effect for the illegal, invalid
or unenforceable provisions and the remainder of this
Agreement, as the case may be, shall remain binding
upon the parties.
Modification
EE reserves the right to change the web site,
services, products displayed, disclaimers, terms and
conditions at any time and at its sole discretion and
without notice to Users.Language
The parties hereto have requested that this Agreement
be drafted in English. Les parties aux présentes
ont exigé que le présent contrat soit rédigé en langue
anglaise.
Privacy Policy
What is a privacy policy?
A privacy policy is an explanation of how and why a
web site collects information from its users, as well
as providing a description of the manner in which the
site uses this information.
Why has EE published a privacy policy?
EE has published this policy so that you, the
visitors and users of our site, will understand the
importance of your patronage to our company. EE
knows that you place your trust in our company when
you provide us with your personal information, in return
EE wishes to let you know how we are safeguarding
your information and the ways in which we would like
to use your information.
What information does EE collect from its users?
As you navigate the EE site, various prompts
will request different information from you (e.g. your
preferred residence, and so on).
The amount and type of information you will provide
is dependent upon the type of services you use on the
EE web site. You may be asked to provide
the following information:
- Your name
- Your email address
- Your contact information (i.e. address, postal code,
telephone number)
- Your city & province
While not all the information provided by Users
is submitted directly to EE, EE uses a
type of user identifier known as a "cookie". Cookies
are used to identify and record the virtual address
of the computer used by a user to access the Internet
and the EE web site.
What does EE do with the information gathered?
EE does not sell or provide any of the User
information provided to management firms, market research
companies or any other third party.
EE may also use a User's information
in the following fashions:
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IP addresses may be used to assist in the diagnosis
of problems with the EE server, to aid in
the administration of the EE site, or to
ensure that an user is not annoyed by the repetitive
display of an advertisement.
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EE may place a cookie on a User's
computer hard drive, so that the EE system
will be able to remember a User's preferences,
login information and passwords, essentially to
personalize a User's experience with the
EE site. The cookie also allows EE
to provide content specific information to an user
in the form they prefer. If a User
would prefer not to have a cookie placed on their
hard drive, this function can be disabled through
the User's web browser.
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To provide User's with preference based
direct marketing of promotional events and products
available through the EE web site, to contact
users in respect interests identified by users,
to provide updates regarding the site and to provide
users with special offers from EE or its
affiliates. User's can opt out of this
feature.
When does the privacy policy cease to apply?
The privacy policy will cease to apply if EE
reasonably believes that a User's conduct
violates any applicable law or may be detrimental to
the interests of EE, its affiliates, any other
User, or any listed service. For greater clarity,
conduct detrimental to the interests of EE"
will include the submission, by a User, of any
false or potentially misleading information whatever.
In such a case, EE reserves the right to advise
any or all of the listed parties of the User's
name and other identifying information.
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