1. Purchasers of Dwelling Units
Purchasers of dwelling units from any company affiliated and/or associated with Kylemore Communities and/or from any company using the Kylemore Communities™ Del™ or D™trademarks under license from Kylemore Communities (all of the foregoing hereinafter referred to collectively or individually as “Kylemore Communities”), should refer to their respective agreements of purchase and sale for full details of the terms and provisions governing their respective transactions. These agreements of purchase and sale provide the sole and exclusive remedies to purchasers of such dwelling units arising from any cause or claim whatsoever, including any lien arising from any misrepresentation.
2. Intellectual Property And Permitted Use
Kylemore Communities is the owner or authorized user of all intellectual property rights in the Website and all content displayed on the Website. All information at the Website is protected under the copyright laws and other intellectual property laws of Canada and other countries. You may display on your computer, download and print pages of the Website, provided: (i) the words “copyright Kylemore Communities ” appears on all material that is so printed; (ii) the information will not be altered in any manner; and (iii) your use of such pages is only for personal and non-commercial use. Other than in accordance with the foregoing, no one has permission to copy, redistribute, reproduce or republish in any form, any content displayed at the Website. All trademarks, logos, and service marks (the “Trademarks”) displayed on the Website are registered and unregistered trademarks of Kylemore Communities and others, and may not be used by you in any way without the express written permission of Kylemore Communities or the owner of such Trademark.
3. User Contributions to Website
You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, hateful, malicious or other material that would violate any applicable law, or otherwise be in violation of the intellectual property rights of others. Kylemore Communities welcomes ideas and/or suggestions for improvements or additions to the Website, all of which will be subject to the Terms. Any and all ideas, suggestions and/or submissions forwarded or disclosed by you or on your behalf to Kylemore Communities are made with the specific understanding that: (a) same will not be subject to any obligation of confidentiality or expectation of compensation, (b) any and all rights that you may have in such ideas, suggestions and/or submissions are absolutely waived, (c) you represent and warrant to Kylemore Communities that such ideas, suggestions and/or submissions are wholly original with you, that no one else has any rights in and to same, and (d) Kylemore Communities is free to implement the ideas, suggestions and/or submissions as it may from time to time desire, without obtaining permission or license from any third party.
4. E-mail Messages and Security
5. Availability of Service
The services provided under the Website may be limited or discontinued at any time by Kylemore Communities at its discretion and without notice.
6. External Links
The Website may provide links to third party websites, and some of the content appearing on the Website may be supplied by third parties by way of framing, metatagging or otherwise linking to other websites. Kylemore Communities shall not be responsible for any such content or information, nor shall it be liable for any damages incurred from viewing such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other intrusive, destructive or disruptive codes which may be downloaded from such linked websites. Kylemore Communities does not endorse any such linked website. If you have any concerns in visiting any particular website that is linked to the Website, please contact Kylemore Communities at webmaster@Kylemore Communities.com and Kylemore Communities will determine, in its discretion, if the link should be removed from the Website. You may not provide a link to the Website without the express written permission of Kylemore Communities.
7. Product Endorsement
Any references on the Website to products, services or publications, other than those of Kylemore Communities, do not imply the endorsement or approval of such products, services or publications by Kylemore Communities.
8. Accuracy of Information
Although reasonable care has been taken to ensure the accuracy of the information on the Website, all Website content is provided on an ‘as is’ basis, without any warranties of any kind, express or implied. Please note that all models, plans, sketches, illustrations and/or displays utilized and/or referred to on the Website (including all descriptions, dimensions and/or representations indicated thereon or implied thereby) are merely reflective or indicative of the proposed real estate projects, or various aspects thereof (and/or any other phases with respect thereto, if applicable) as conceived or intended and in effect as at the time of their respective creation, and are therefore subject to one or more changes being made or implemented with respect thereto from time to time (whether significant or otherwise), without any notice thereof being given to anyone visiting or accessing the Website or otherwise, and without any liability being incurred by Kylemore Communities thereby. Without limiting the generality of the foregoing, you are hereby advised that:
• the height, colour, size, shape, texture, dimensions, specifications and/or design of the:
i. exterior facade of any proposed real estate project(s) and/or any future phase(s) with respect thereto;
ii. interior and exterior common element areas, including all roadways, walkways, ramps, driveway exits and/ or landscaped areas; and
iii. recreational facilities and amenities, if specifically provided for in any disclosure statement;
• the layout, shape and/or size of any building footprint, and/or the location, size and height of any building(s) in relation to any other present or future structure(s);
• the total number of dwelling, parking, locker and/or service units within any proposed condominium, and/ or the total number of levels comprising any proposed condominium;
• the number, location, design and/or size of the windows within any dwelling unit(s);
• the patio, balcony, front/rear yard, or terrace area(s) appurtenant to any dwelling unit(s), if applicable; and/or
• the prices and/or terms of purchase of any dwelling unit(s) and ancillary unit(s); are subject to change, and may be varied at any time and from time to time, without notice and without any liability incurred by Kylemore Communities thereby.
Furthermore, dimensions of floor plans, artists drawing and computer renderings are approximate only. Dwelling units are generally measured to the outside of all exterior, corridor and stairwell walls, and to the centre line of all party walls separating one dwelling unit from another. For more information on the method of calculating the floor area of any unit, reference should be made to Builder Bulletin No. 22 published by the Ontario New Home Warranty Program. Actual useable floor space may vary from any stated or represented floor area or gross floor area, and the extent of the actual or useable living space or net floor area within the confines of a unit may vary from any represented square footage or floor area measurement(s) made by or on behalf of the particular vendor selling such unit. Floor area measurements of dwelling units within condominium projects are generally calculated based on the middle floor of the condominium building for each suite type, such that units on lower floors may have less floor space due to thicker structural members, mechanical rooms, etc., while units on higher floors may have more floor space. Ceiling heights of dwelling units are measured from the upper surface of the concrete floor slab to the underside surface of the concrete ceiling slab. However, where ceiling bulkheads are installed within any unit, and/or where dropped ceilings are required (in areas such as foyers, hallways, closets, laundry rooms, storage rooms, bathrooms, powder rooms and/or kitchens), then the ceiling height of such unit will be less than what was represented. Content on the Website is for informational purposes only, and is not intended to provide specific legal, financial or other similar advice, and should accordingly not be relied upon in that regard.
9. Limitation of Liability
In no event will Kylemore Communities and/or any of the directors, officers, shareholders, employees or agents of any of the companies comprising “Kylemore Communities”, be liable for any damages whatsoever (including, without limitation, damages resulting from lost profits, loss of prospective economic advantage, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Website, any websites linked to the Website, or the content contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages, nor for any claim by another party/or parties.
10. Use of Term “Kylemore Communities”
Reference in any content contained on the Website of any product or service provided by Kylemore Communities or solicited by Kylemore Communities shall mean only such products or services of Kylemore Communities , any of its affiliated and/or associated companies and/or any of those companies using the Kylemore Communities™ Del™ or D™trademarks under license from Kylemore Communities that is actually providing or soliciting such product or service. Users of the Website who are interested in any of such products or services are responsible for inquiring as to the correct legal identity of the actual party providing or soliciting such product or service.
11. Responding to Employment or Contract Postings
Employment and contract postings may be posted periodically on the Website for information purposes only and to invite prospective employees, trades or product or service vendors to apply for an employment position or submit information to Kylemore Communities concerning their respective qualifications and/or products or services offered by them. Postings are not, in any way, to be construed as offers of employment or contract offers. Kylemore Communities shall have no obligation to respond to any employment or contract applications submitted through the Website or to respond to information submitted through the Website pertaining to products or services offered to Kylemore Communities. Postings may be removed or withdrawn without notice. In no event shall Kylemore Communities be responsible for any inability to submit information pursuant to such postings.
If any provision of the Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is unlawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.
13. Governing Law
The Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Province of Ontario by the courts of the Province of Ontario.
14. Specific Provisions for Purchaser Portal
Kylemore Communities currently makes freely offered value added subscription services on the Website (the “Services”) available to any current purchaser of a dwelling unit from Kylemore Communities who is in compliance with his/her/its agreement of purchase and sale with Kylemore Communities. The following provisions govern the use and availability of the Services and supplement the Terms:
- No Monetary Value: The Services have no monetary value. Any Purchaser who does not make use of the Services or whose use of the Services is limited for any reason will have no claim for compensation whatsoever.
- Discontinuation or Limitation: Kylemore Communities reserves the right to discontinue or limit the Services without notice for any reason whatsoever. The provision of the Services are not to be considered a term of the subject agreement of purchase and sale or as an inducement to enter into any such agreement of purchase and sale in any way whatsoever. The discontinuation or limitation of the Services in any way shall not be construed as granting any rights to any purchaser of a dwelling unit under his/her/its purchase and sale agreement or otherwise.
- Purchaser Responsibilities: Any purchaser who wishes to utilize any of the Services is responsible for contracting an internet service provider (ISP) and paying all required fees and taxes to maintain internet service and for obtaining any required hardware and/or software, without cost to Kylemore Communities. Any Purchaser who wish to use the Services is responsible to maintain security of his/her/its username, password and computer system. Although Kylemore Communities has taken reasonable precautions in conformance to industry standards to protect data transmission, it is highly recommended that each user install firewall hardware to prevent unauthorized network access. The Purchaser Portal has been designed to run with Internet Explorer versions 5 or greater with 128-bit encryption. There is no obligation for Kylemore Communities to make the portal available on other platforms or older systems.
© 2013 Kylemore Communities. All rights reserved.