These Terms and Conditions contain important disclaimers you should read.
The following provisions set forth the Terms and Conditions for this website (this “Website”). This Website is owned or operated by Metropark Realty (who together with various other business entities which carry on business under the name of “Metropark Realty”, are collectively referred to herein as “Metropark Realty”, “we” or “us”). By accessing or using this Website, you signify your acceptance of the provisions of this Terms and Conditions and other terms on this Website.
Ownership and Use of Content
This Website and its contents are owned by Metropark Realty or used under license from others with all rights reserved. The reproduction, re-creation, retransmission or other use of any of the material on this Website, whether text, visual image, audio, video, or computer software, or the posting or framing on other websites without the express prior written permission of Metropark Realty is expressly prohibited; provided, however, that you may print in hard copy portions of this Website for your personal home buying purposes.
Unless required otherwise by law, Metropark Realty will treat all information that you share with us whether shared online, obtained by Metropark Realty from you in person or derived by us as a result of your visit to or use of our Website (hereinafter the “Information”) as non-confidential and non-proprietary. You agree and acknowledge that Metropark Realty shall be granted an unlimited, non-exclusive, world-wide, non-revocable, perpetual license to use, reproduce, duplicate, modify, transmit, display, publish, create derivative works or sublicense the Information for any purpose whatsoever including marketing and you agree to hold us harmless with respect thereto.
Home and Community Information on this Website
Home and community information, including pricing, included features, terms, availability and amenities, are subject to change and prior sale at any time without prior notice or obligation. Drawings, pictures, photographs, video, square footages, floor plans, elevations, features, colors and sizes are approximate and for illustration purposes only and will vary from the homes as built. Home prices refer to the base price of the house and do not include options or premiums, unless otherwise indicated for a specific home. Nothing on our Website should be construed as legal, accounting or tax advice. Not all people will qualify for all offers. Promotional offers are typically limited to specific homes and communities and are subject to terms and conditions. Please consult a Metropark Realty sales agent and review a home sales contract for additional information, disclosures and disclaimers.
Claims of Copyright Infringement
The Copyright Act (the “CA”) provides recourse for copyright owners who believe in good faith that materials on our Website infringe their rights. If you believe that materials on our Website infringes your copyright, you or your agent may send us a notice requesting that we remove or block the material. Notices must meet the requirements of the CA.
Our Website contains general information not directed towards children. We do not knowingly collect information from individuals under the age of 18. Individuals under the age of 18 should not use this Website, and we encourage parents to supervise their children while online.
Third Party Website
Websites maintained by third parties may link to or from this Website. A link to another website does not imply that Metropark Realty endorses or accepts responsibility for such other website. You hereby acknowledge and agree that Metropark Realty shall not be responsible for the content, products or services offered or the privacy practices of such other websites. Please visit those sites to review their privacy policies.
Limitation of Liability, Indemnity and Disclaimer
Metropark Realty endeavours to keep the information on this Website current and up to date. However, some of the information on this Website may be inaccurate or incomplete, or may contain typographical errors. Metropark Realty has no obligation to update this Website. Metropark Realty does not warrant that the content of this Website is error free or that its service in providing this Website will be uninterrupted. Your use of this Website is at your own risk. Your sole and exclusive remedy for issues relating to the content on this Website or its use shall be to discontinue accessing the Website and using the information or material obtained. The user and Metropark Realty agree that Metropark Realty shall not be liable for any damages relating to the use of, or reliance upon, the content of this Website, including without limitation damage to your computer equipment or other property from downloading material from this Website.
You agree to indemnify, defend and hold harmless Metropark Realty for any and all unauthorized uses you make of the Website.
To the fullest extent allowed by applicable law, you hereby waive, disclaim and release Metropark Realty, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns, from all claims of any kind (specifically including any and all claims for actual, incidental, consequential, punitive or exemplary damages, attorneys’ fees and costs, or claims for interest, and whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or other theory), related directly or indirectly to, or arising from, your access to this website or the use of any information or material contained therein. Without limiting the foregoing, everything on this site is provided to you "as is" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.
Law and Jurisdiction
These Terms and Conditions shall be governed by, construed and enforced in accordance with, and subject to, the laws of the Province of Ontario, and the laws of the Dominion of Canada applicable therein . If any provision of these Terms and Conditions shall be determined to be invalid, unlawful, void or otherwise not enforceable, the parties agree that the validity or enforceability of the remaining provisions of these Terms and Conditions shall remain in full force and effect. By accessing this Website, or using information on this Website, you submit to the exclusive jurisdiction of the provincial courts in Ontario to resolve disputes of any kind arising out of your reliance on the information on this Website, or any interaction with Metropark Realty involving this Website. Any claim you have with respect to this Website must be brought within one year after the claim arises.
Successors and Termination
These Terms and Conditions shall be binding upon and inure to the benefit of Metropark Realty and you and its and your respective heirs, representatives, successors and assigns. These Terms and Conditions shall remain in force and effect until terminated by Metropark Realty. In the event of termination of these Terms and Conditions, restrictions imposed upon you by these Terms and Conditions, including all disclaimers, waivers, releases and limitations of liability, shall survive.
Void Where Prohibited
This Website is accessible by users throughout the World. Metropark Realty products, services and offers may not be available in your community, province, state or country. The information on this Website is not an offer of products or services where Metropark Realty is not doing business or where prohibited by law.
Change to Term of Use
Metropark Realty reserves the right to change its Terms and Conditions from time to time without advance notice to you. Metropark Realty will notify you of changes to its Terms and Conditions only by updating its Terms and Conditions on this Website and providing a notice on this Website of the date on which the update was made.
This Terms and Conditions may be amended from time to time