Ownership of Website
We reserve the right to take such steps as we deem necessary, including without limitation legal action, to restrain unauthorized activity.
Personal and Non-Commercial Use Limitation
Restrictions on Use of the Website
You agree not to upload or otherwise transmit through the Website: (i) any unlawful, harassing, false, misleading, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature; (ii) any material that infringes on any rights of third parties; or (iii) any material that contains any virus or other harmful code that may change or disrupt the Website or any other user’s equipment or software. You further agree not to: (i) gain or attempt to gain unauthorized access to the Website, or computer systems or networks via the Website, through hacking, password or data mining, or any other means to circumvent security procedures; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the QuadReal Products and Services, or interfere with any other party’s use and enjoyment of the Website; (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy, “scrape” or interfere with any web pages or the content contained thereon on the Website; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; or (vi) use the Website to execute denial of service attacks.
Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Website or the Content, or any derivative works from the Content, or any portion thereof. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with our products and services.
Accuracy of Information
We work hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors. As discussed more completely in the Disclaimer of All Representations, Warranties and Conditions section below, we make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Website.
The information on the Website is provided for information purposes only and is not intended to provide or be legal, financial or other advice. You should not act or rely on any information contained on this Website without verifying its accuracy through other sources and consulting a professional advisor.
We reserve the right, in our sole discretion, without notice and without any obligation, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for any reason, including scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.
Links to Third-Party Websites
Links to the Website
While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.
Non-Confidentiality and Privacy
Any communications between you and QuadReal, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Website, the QuadReal Products and Services, or the Content (“Feedback”) will be deemed by us to be non-confidential and non-proprietary, and you agree that (i) we are not subject to any confidentiality obligations in respect of the Feedback, (ii) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to us, (iii) we (including all of our affiliates, successors and assigns) may freely use, reproduce and publicize the Feedback, and you irrevocably assign to us the right to license, distribute, and otherwise commercialize the Feedback without limitation, and (iv) you are not entitled to receive any compensation or re-imbursement of any kind from us or our affiliates, successors or assigns in respect of our use of the Feedback. To the extent permitted by law, you further irrevocably waive any moral or other unassignable rights in your Feedback in favour of us and our affiliates, successors or assigns. This provision shall survive the termination of your right to use the Website.
While we make commercially reasonable efforts to keep the Website secure and protect the data you transmit to us through the Website, information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website. We will not be liable for any loss or damage you may suffer as a result of the interception of, or unauthorized access to or use of, data transmitted via the Website.
Disclaimer of all Representations, Warranties and Conditions
Some provinces or jurisdictions do not allow the disclaimer of implied or legal warranties in certain cases, so some of the following disclaimers may not apply to you.
To the fullest extent permitted by law, the information and materials provided on the website and access to the content are provided on an “as is”, as-available basis. To the fullest extent permitted by law, we, our directors, officers, employees, advisors, affiliates, licensees and agents make no representations, warranties or conditions of any kind, either express, implied, statutory, legal, by usage of trade, course of dealing or otherwise, including without limitation with respect to warranties and conditions of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose, with respect to the accessibility or capability of the website (including without limitation with respect to access to the website through any mobile device) or the accuracy, reliability or completeness of the information provided thereon, and all such warranties and conditions are expressly disclaimed. Any information or material accessed, viewed, downloaded or otherwise obtained through the use of the website and the content by any means of access whatsoever is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, failure to transmit data or any other loss that results from accessing, viewing, downloading, using or relying on any such material. We do not warrant that the content provided herein will meet any particular criteria of performance or quality, or that the website is free of other harmful components.
We do not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and we shall not be a party to any transaction that you may enter into with any such third party.
You hereby acknowledge and agree that: (i) your application for an employment listing via the Website does not create an employer-employee relationship with QuadReal; (ii) does not constitute an offer of any kind; and (iii) QuadReal 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 and Indemnification
Some provinces or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in certain cases. In those provinces or jurisdictions our liability, and the liability of our directors, officers, employees, advisors, affiliates, licensees and agents, shall be limited to the extent permitted by law.
You expressly agree that your use of this website and any information contained herein is at your sole risk. We, our directors, officers, employees, advisors, affiliates, licensees and agents are not liable under any theory of liability (whether in contract, tort (including negligence), civil liability, strict liablity or any other theory or law or equity), for any damages, losses, claims or expenses of any kind arising from your use of, or inability to use, this website or your use of or reliance on any information contained on this website. Without limiting the generality of the foregoing, in no event shall we, our suppliers and our affiliates be liable for any direct, indirect, special, incidental, consequential, punitive, exemplary or other loss or damages (including, without limitation, any loss or damages arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the website, our products, any content or any links or failure of the website or any links or damages suffered as a result of omissions or inaccuracies in the website, any content or any links or the transmission of confidential or sensitive information to or from the website or any links). These limitations shall apply even if we have been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
You acknowledge that we shall not be liable for any defamatory, offensive, or illegal conduct by you and that the risk of harm or damage from the foregoing rests entirely with you.
This Website is intended for access and use in Canada. Those who choose to access and use the Website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials.
QuadReal shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your access to the Website.
We cannot guarantee that the Website will be available 100% of the time. Although we strive to provide a reliable website, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.
Any notices may be given to you by any means including, but not limited to: (i) email; (ii) notices or messages posted on the Website; or (iii) any other means by which you obtain notice thereof.