Disclaimer of Warranties
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. CREIT MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION, WARRANTY OR CONDITION (I) THAT THE WEB SITE AND/OR CONTENT (INCLUDING ANY FINANCIAL INFORMATION) WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
The Web site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by CREIT of the contents of such third-party web sites. CREIT is not responsible for the content of any third-party web site, nor does it make any representation, warranty or condition of any kind regarding any third-party web site including, without limitation (i) any representation, warranty or condition regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site; (ii) any representation, warranty or condition regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or (iii) any representation, warranty or condition that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
Please note that information sent or received over the Internet is generally unsecure and CREIT cannot and does not make any representation, warranty or condition concerning security of any communication to or from the Web site or any representation, warranty or condition regarding the interception by third parties of personal or other information.
Any consent by CREIT to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with CREIT that expressly reference this Agreement, this is the entire agreement between you and CREIT relating to the matters contained herein.
All materials displayed or otherwise accessible through the Web site, including, without limitation, news articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by CREIT, its licensors or provider of the Content. In addition, the Web site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all copyright notices, information and restrictions on or contained in any of the Content accessed through the Web site. Except as otherwise provided, you are hereby authorized to display on your computer, download and print a single copy of pages of the web site provided that (i) the content is not altered and (ii) the content is used for personal education and non-commercial uses and will not be re-distributed, broadcast or copies to any other media. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF CREIT.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CREIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CREIT KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CREIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (INCLUDING AS A RESULT OF THE ACTIONS OR ANY THIRD PARTY USER OF THE WEBSITE (COLLECTIVELY, THIRD PARTY USER) OR AS A RESULT OF ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY WEB SITE LINKED TO OR FROM THE WEB SITE), EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100)EVEN IF CREIT HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CREIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF CREIT OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION. . IF YOU DECIDE TO ACCESS OR USE ANY LINKED WEB SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A WEB SITE LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. YOU HEREBY RELEASE CREIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE OR BY THIRD PARTIES THROUGH THE WEB SITE
Software Licenses and Ownership
All software embedded in or located on or at the Web site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by CREIT, its licensors or providers of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Web site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software. If the Web site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law. Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so. Except as provided herein, nothing contained in the Web site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Web site or made available for download from the Web site, including, but not limited, to any intellectual property rights in the Software. All Software embedded or integrated into the Web site is provided “As Is, Where Is” without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
CREIT may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). CREIT may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.
CANADIAN REAL ESTATE INVESTMENT TRUST, CREIT MANAGEMENT BC, CREIT MANGEMENT L.P. , are official marks or trademarks of the Canadian Real Estate Investment Trust. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of CREIT or third parties. While certain trademarks of third parties may be used by CREIT under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between CREIT and the owner of said trademark or to imply that CREIT endorses the wares, services or business of the owner of said trademark. Nothing contained on the Web site should be construed as granting you any license or right to use any trademark logo or design of CREIT or any third party, without the written permission of CREIT or the respective owner of any third-party trademark.
Content on this Web site is not intended to constitute an offering of securities in any jurisdiction, nor is the information provided intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice. The information contained on the Web site is for informational purposes only.
The Web site may provide features that allow you to post messages and content, to interact with CREIT and other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Web site which allow you to post, upload or make Submissions, it is a condition of your use of the Web site that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using the Web site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of CREIT imposes an unreasonable or disproportionately large load on the CREIT website infrastructure; ii) post or submit any Submission which solicits passwords or personal identifying information for unlawful purposes from other users.
To use certain features of the Web site, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify CREIT immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. CREIT cannot and will not be liable for any loss or damage arising from CREIT'S failure or your failure to protect your password or account information.
Governing Law and Jurisdiction
The Web site (excluding linked Web sites) is controlled by CREIT from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters.
Certain information on this website may constitute “forward-looking” statements which involve known and unknown risks, uncertainties and other factors, which may cause the actual results, performance or achievements of CREIT, or industry results, to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. Forward-looking statements (which involve significant risks and uncertainties and should not be read as guarantees of future performance or results) include, but are not limited to, statements related to income growth, acquisitions, development activities, future maintenance and leasing expenditures, financing, the availability of financing sources and income taxes.
Management believes that the expectations reflected in forward-looking statements are based upon reasonable assumptions; however, Management can give no assurance that actual results will be consistent with these forward-looking statements. Without limiting the foregoing, the words “believe”, “expect”, “anticipate”, “should”, “may”, “intend”, “estimate” and similar expressions identify forward-looking statements. Factors that could cause actual results, performance, or achievements to differ materially from those expressed or implied by forward-looking statements include, but are not limited to, general economic conditions, the availability of new competitive commercial real estate which may become available either through construction or sublease, CREIT’s ability to maintain occupancy and to timely lease or release space at current or anticipated rents, tenant defaults, tenant bankruptcies, changes in interest rates, changes in operating costs, governmental regulations and taxation, and the availability of financing.
Users are cautioned that the foregoing list of factors that may affect future results is not exhaustive. When relying on forward-looking statements to make decisions with respect to CREIT, investors and others should carefully consider the foregoing factors and other uncertainties and potential events.