For the purposes of these Terms of Use, “Canderel,” “we” and “us” means the entity which controls this Website and “you” or “User” means any person accessing the Website.
The Terms of Use form an agreement between Canderel and you. By accessing or otherwise using the Website, you accept and agree to be bound, without qualification, by the Terms of Use. If you are entering into these Terms of Use on behalf of a company or other legal entity (including your employer), you represent that you have the authority to bind the entity and in such case the terms “you”, “your”, and “yours” will include the entity. Canderel’s failure to insist upon or enforce strict performance of any provision of the Terms of Use will not be construed as a waiver of any provision or rights it may have under the Terms of Use.
Your visit to the Website, including, but not limited to, all images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout therein, including but not limited to the design, structure, selection, coordination, expression and arrangement of any of the foregoing, available on or through the Website,(the “Content”), is subject to these Terms of Use, our Privacy Policy and such other policy which may be updated by us at any time without notice to you. If we update our Terms of Use, we will post the updated Terms of Use on the Website. Any such changes will be effective upon posting. If you do not agree with these Terms of Use, you should not use the Website and you agree that your sole and exclusive remedy is to discontinue using the Website. The Website is not designed for use by minors and minors should not provide personal information through this Website.
No part of the Website should be taken to constitute an offer or solicitation to buy or sell products or services. Except for your agreement to abide by the Terms of Use, use of the Website does not create any contract or agreement between you and Canderel or any obligation of Canderel to you.
The Website collects, uses, and discloses your personal information in accordance with its Privacy Policy (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms of Use. By using the Website, you consent to the collection, use and disclosure of your personal information in accordance with the then-current version of the Privacy Policy.
1. Use of the Website
You are responsible for your use of the Website and the Content. You undertake to use your best endeavors to ensure that nothing you do whilst accessing the Website will damage the Website or otherwise violate these Terms of Use.
The Website, including any Content is provided for general informational purposes only. You may view and print out web pages from the Website for personal, informational, and non-commercial use but may not otherwise copy, reproduce, modify, collect, republish, distribute or catalogue any of the Content, without Canderel’s consent. Except as expressly permitted by Canderel in writing, you may not use the Website or the Content for any commercial purposes whatsoever.
You agree to keep any passwords granted to you by Canderel for use of the Website confidential and to take full responsibility for use of such passwords (whether or not the use is authorized by you). You must contact Canderel right away if you are aware of or suspect misuse of your password or account or any security breach of the Website.
The Content and the Website are for informational purposes only and are not investment, professional, legal or other advice nor are they to be relied upon in making an investment or other decision.
Some pages on the Website may be available only to clients with registered accounts and log-on credentials. You are responsible for the confidentiality of your log-on credentials and account information and for all actions taken on the Website while logged on with your credentials. You should not disclose your log-on credentials or account information and you should choose a unique password. Canderel reserves the right to suspend or cancel Website accounts and log-on credentials at any time, for any or no reason and without notice. If you suspect that your log-on credentials have been compromised, please notify us immediately using the support contact information provided on the relevant account log-on page.
2. Prohibited Use of the Website
You may not use the Website to engage in any unlawful activity or to infringe the rights of Canderel, its partners, affiliates, licensors, or related entities. You further agree that you will not and you will not allow your employees or agents to: (i) interfere with the operation of the Website in any way or interfere with anyone’s use or enjoyment of the Website or use the Website to gain unauthorized access to any computer systems; (ii) transmit any unlawful, harassing, libelous, defamatory, abusive, threatening or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, state, national or international law or regulation; (iii) impersonate any person or entity on or through the Website; (iv) post any content that may be considered threatening, abusive, vulgar, obscene or otherwise be objectionable; or (v) copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape content from or aggregate, sublicense, market or otherwise change or commercially exploit in any way the Website or any of the Content other than as may be expressly permitted in writing by Canderel or as permitted pursuant to any fair use, fair dealing or similar provisions of applicable laws. You agree to abide by all additional rules, policies and restrictions of which you are provided with notice (on the Website or otherwise) that apply to the Website.
3. Monitoring and Use of the Website
Canderel may monitor the Website but is under no obligation to do so. You hereby waive any expectation of privacy in such information and activity. Your waiver of rights in all such monitoring does not apply to personally identifiable information which is handled by Canderel in accordance with the Privacy Policy.
The properties included on this Website (the “Properties”) are those that are owned in whole or in part and/or managed by Canderel and may include additional leasing considerations such as, potential expansion, renovation or upgrades, shadow anchors and other factors. This information may differ from the material disclosed by the owners of the Properties in their respective financial filings and/or continuous public disclosure documentation. Accordingly, the information contained on this Website should not be used to conduct any financial analysis of Canderel or any of the owners of the Properties.
From time to time the Website may facilitate access by hypertext links to other websites not maintained by or related to Canderel (the “Third Party Websites”). The Third Party Websites are entirely independent of the Website and will not in any manner be construed as implying any affiliation with or endorsement, representation or warranty by Canderel of the Third Party Websites or owner entity thereof or the content, advertising, products, services, information, materials, opinions or links to other sites on or available on the Third Party Websites (the “Third Party Content”). Canderel does not review or monitor the Third Party Websites and is not responsible or liable for any of the Third Party Content. You further acknowledge and agree that Canderel will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the Third Party Websites or the Third Party Content. The reproduction and use of any content linked to the Third Party Websites is subject to the conditions that the owners of the Third Party Websites may impose and is at your own risk. You are encouraged and advised to review the posted terms and conditions of all websites you visit.
The Website or any part of the Website may be periodically unavailable and Content may be removed or modified at any time without notice. Canderel may, in its sole discretion, restrict, suspend or cancel access to or use of the Website, for all or any one or number of Users. Users will have no right to compensation or other remedy for being unable to access the Website.
4. Proprietary Rights
Canderel’s trade-marks are valuable assets and Canderel takes infringement of them seriously. All names, marks, brands, titles, slogans, logos, icons, graphics, trade dress or trade names, designs and other designations within the Website are registered and unregistered trade-marks of Canderel and other parties (“Trade-marks”) in Canada and other countries. Nothing contained on the Website should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trade-mark displayed on the Website without the written permission of Canderel or the applicable Trade-mark owner. Use of any Trade-mark or the Content by you is strictly prohibited and will result in appropriate legal action by the Trade-mark owner to protect its rights.
The Content is the exclusive property of Canderel or as applicable, its suppliers and partners and is protected under the copyright laws of Canada and other countries. All rights are reserved. Any infringement of Canderel’s rights will result in appropriate legal action to protect its rights.
5. No Warranties or Liability and Legal Disclaimer
The internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the internet between you and Canderel cannot be ensured. Canderel is not responsible for any damages you may suffer if you communicate confidential information over the internet or if Canderel communicates such information to you at your request
Subject to any applicable law that cannot be excluded, the Website and Content are provided “as is” and “as available” without any representation, warranty or condition. No reliance should be placed on any information on the Website or the Content. Users agree to bear all risks associated with their use of the Website and Content, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the Website or Content. You agree that Canderel is not liable for any action you take, omission or decision you make in reliance on the Website or the Content, subject to applicable law.
Information provided on the Website by Canderel is believed to be reliable when posted. Canderel does not endorse or recommend any third party’s facility, business or event identified on the Website or make any representations or warranties as to their reliability, financial condition or suitability for a particular purpose.
Your use of the Website and services available on or through the Website is at your own risk and Canderel is not responsible for any loss of any data or other damage that may arise from the use of the Website. The Website is provided on an “as is” and “as available” basis.
Canderel, its affiliates, agents and licensors cannot and do not warrant that the Website will be uninterrupted, secure, error free, accurate, complete or current nor does Canderel make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained, through the Website. Any material and/or data uploaded, downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. Canderel does not warrant or guarantee that such materials and/or data are free of viruses or other destructive code that may damage or infect your computer equipment or other property.
You will be solely responsible for any damage to your computer system or loss of data that results from uploading and/or downloading such material and/or data.
Canderel does not guarantee the quality, accuracy, completeness or timeliness of the information provided. Information contained on the Website may contain errors. You should not assume that your use of the Website will be error free.
Canderel disclaims all warranties, representations and conditions regarding use of the Website or the information provided, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title or non-infringement, whether express or implied or arising from a course of dealing, usage or trade practice.
Canderel is not responsible for any indirect, special, incidental, consequential or punitive damages or any business interruption, loss of use, lost data, lost profits or other pecuniary loss whatsoever and howsoever caused, arising out of or in connection with these Terms of Use, the use or misuse of the Website or in reliance on the information available on the Website, including any business interruption, loss of use, lost data, lost profits or any other pecuniary loss, whether in an action under contract, civil liability, negligence or other tortious action, even if Canderel has been informed of the possibility of such damages or such damages are reasonably foreseeable.
6. Indemnity
You hereby agree to indemnify, defend and hold harmless Canderel and the partners, members, shareholders, officers, directors, employees, consultants, lawyers and agents of Canderel, from any and all third-party claims, liability, damages or costs they incur arising as a result of your misuse of the Website, your violation of the Terms of Use or your infringement of any intellectual property or other right of Canderel or any person or entity.
7. Governing Law
By accessing the Website, you agree that the laws of the Province of Ontario and the federal laws applicable in the Province of Ontario will govern the Terms of Use and apply to any issue that might arise regarding this Website, excluding rules of private international law that lead to the application of the laws of any other jurisdiction and that such dispute will be settled or adjudicated in the superior courts in Toronto, Ontario. Access to the Website from locations where the Content is illegal is prohibited. It is solely your responsibility to determine whether your use of the Website is lawful and you must comply with all laws applicable in your jurisdiction.
8. Terminate Access
If you breach any provision of the Terms of Use, you may no longer access or use the Website or the Content. Canderel, in its sole discretion, may terminate your right to use the Website or the Content at any time, for any reason, without any notice to you and without any liability to you or any other person. If Canderel terminates your right to use the Website, the Terms of Use will nevertheless continue to apply and be binding upon you in respect to your use of the Website prior to the termination of your right to use the Website, any of the Content obtained by you from the Website and anything connected with, relating to or arising from those matters.
9. Confidentiality
Neither Canderel, nor any of its partners, suppliers or affiliates assume responsibility and they will not be liable for any damages to or viruses that may infect your computer equipment or other property as a result of your use of the Website or your downloading of any of the Content from the Website.
10. Security
The internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the internet between you and Canderel cannot be ensured. Canderel is not responsible for any damages you may suffer if you communicate confidential information over the internet or if Canderel communicates such information to you at your request.
Any correspondence or business dealings with any third parties including merchants, other users, sellers or advertisers found on or through the Website is solely between you and such parties. Canderel is not responsible for any damages you may suffer by entering into such transactions including the payment for and delivery of goods if any and any terms, conditions, warranties or representations associated with such dealings. You and the third party, not Canderel, are responsible for compliance with all laws applicable in any such transaction.
11. Severability
In case any of the provisions of these Terms of Use shall for any reason be held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
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Canderel Management (West) Inc.— licensed brokerage Alberta. Canderel Pacific Management Inc. — licensed brokerage British Columbia.
To contact Canderel’s Privacy Officer, please email privacy@canderel.com
900–2000 Peel Street, Montreal, QC H3A 2W5 Canada
