Terms of Service
Information is subject to change without prior notice and should be verified by users, please refer to our online Terms and Conditions of Use for the rules which govern the information provided on this web site.
II. LEGAL POLICY
Terms and Conditions of Use
Thank you for visiting the ERES REIT website (this “Site”). This Site is provided for your informational purposes only. This Site is provided to you by European Residential Real Estate Investment Trust, its subsidiaries, affiliates, successors, assigns and third party service providers (collectively “ERES REIT”, the “Company”, “we”, “us” or “our”). Your use of this Site is subject to these terms and conditions of use (these “Terms”). Your use of this Site constitutes your agreement to these Terms. If you do not agree with these Terms, you may not use this Site. You may print and keep a copy of these Terms.
Modifications of Terms and Conditions of Use
ERES REIT reserves the right to change or modify these Terms at any time. ERES REIT shall post all changes or modifications to these Terms on this Site. Each use of this Site shall constitute your acceptance of the then current Terms posted on the Site at the time of such use.
Use of this Site
The information and materials contained at this Site, including the text, graphics, sound files, video files, logos, images, arrangement and general design of the Site (collectively, the “Content”) is owned or licensed by ERES REIT and ERES REIT authorizes you to view or download the Content solely for your personal, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not use any Content for commercial purposes without obtaining ERES REIT’s prior written consent, which consent may be withheld at ERES REIT’s sole discretion.
You may not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner which is contrary to any local, provincial, national, international and foreign laws or regulations which are applicable to your use of this Site. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site.
Although ERES REIT uses reasonable efforts to update and review the accuracy of the Content, ERES REIT makes no warranties or representations that the Content is current and/or accurate. ERES REIT assumes no liability or responsibility for any errors contained in the Content.
Modification of Content
ERES REIT reserves the right to make changes to the Content at any time without notice.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material, or any other material that could give rise to any civil or criminal liability under all applicable local, provincial, national, international and foreign laws or regulations governing this Site and your use thereof.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. ERES REIT DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT.
ERES REIT DOES NOT WARRANT THAT THE SITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION PERTAINING TO YOUR OWNER’S ACCOUNT. YOU SPECIFICALLY ACKNOWLEDGE THAT ERES REIT SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES.
Limitation of Liability
IN NO EVENT SHALL ERES REIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF ERES REIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF ERES REIT UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO CAD $5.00.
Links to external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by ERES REIT of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between ERES REIT and the Linked Sites. ERES REIT is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.
ERES REIT and all other trademarks and service marks appearing on this Site are registered trademarks, trademarks or service marks of ERES REIT. All custom graphics, icons, logos and other items that appear on this Site are trademarks or service marks of ERES REIT. The use of any ERES REIT trademark or service mark without obtaining prior written consent from ERES REIT is strictly prohibited. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
You agree to defend, indemnify and hold ERES REIT, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of these Terms by you in connection with your use of this Site.
If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Unless specifically provided herein, these Terms constitutes the entire agreement between you and ERES REIT with respect to your use of this Site. These Terms shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein.
ERES REIT reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice, if you are in breach of any of the provisions herein.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, for any legal proceeding arising out of or relating to your use of this Site or these Terms.