1. Terms and Conditions of Use
Thank you for visiting M&R’s website (this “Site”). This Site is provided for your informational purposes only. This Site is provided to you by M&R PROPERTY MANAGEMENT, its subsidiaries, affiliates, successors, and assigns (collectively “M&R”), and/or on behalf of M&R’s clients, the landlords and corporate owners of the properties managed by M&R, and third party service providers. 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.
2. Modifications of Terms and Conditions of Use
M&R reserves the right to change or modify these Terms at any time. M&R 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.
3. 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 M&R and M&R 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 M&R’s prior written consent, which consent may be withheld at M&R’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 M&R uses reasonable efforts to update and review the accuracy of the Content, M&R makes no warranties or representations that the Content is current and/or accurate. M&R assumes no liability or responsibility for any errors contained in the Content.
Unless otherwise indicated, leases generally have an initial term of 12 months. Users should check with the individual building management of M&R to confirm the length of a lease.
Information, including availability, features, floor plans and rent ranges, are subject to change without prior notice and should be verified by users. Prices, apartment or lease specifications and all other Content is made available for information purposes only and may not be accurate or complete. Any rate or lease calculation is provided as an estimate for your reference only. Only an M&R building manager can provide you with the actual price or lease cost, as applicable, of any lease or services you may wish to apply for.
5. Modification of Content
M&R reserves the right to make changes to the Content, including all prices and availability, at any time without notice. If a posted price for a lease or apartment is incorrect, M&R is only responsible for the correct price, which M&R shall provide you with upon becoming aware of any error. M&R reserves the right to refuse or cancel any leases, listings or services displayed at an incorrect price.
6. Your Information
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.
Specific terms may set out further terms applying to such payments, including in relation to refunds (if any}, billing arrangements and any consequences of failing to make timely payments). Certain fees may be non-refundable, except to the extent otherwise required by applicable law. You must comply with all such terms in relation to such payments by you.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. M&R 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.
THE www.mandrholdings.com WEBSITE CAN BE TRANSLATED INTO MANY LANGUAGES USING THE GOOGLETM TRANSLATE TOOL. THIS TOOL GIVES RESIDENTS AND VISITORS WHO SPEAK OTHER LANGUAGES A WAY OF ACCESSING INFORMATION FEATURED ON M&R’S WEBSITE.
M&R ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF TRANSLATIONS PERFORMED USING THE GOOGLETM TRANSLATE TOOL. GOOGLE TRANSLATE IS A THIRD-PARTY AUTOMATED TRANSLATOR AND MAY MAKE MISTAKES OR HAVE INCONSISTENCIES.
M&R 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 CAP REIT SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES.
9. Limitation of Liability
IN NO EVENT SHALL M&R 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 M&R HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF M&R UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO CAD $5.00.
Without limiting the foregoing, M&R expressly excludes (and you hereby release M&R from) any liability for any of the following:
- fraud by any user of the Site;
- any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Site and/or the content therein;
- any failure by M&R to ensure that they do not breach any copyright or other intellectual property right of any third party;
- any link on the Site to any other site; and
- loss or damage caused by delay or errors in, or the downtime of, the Site (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that the Company has been advised of the possibility of such loss or
Links to external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by M&R 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 M&R and the Linked Sites. M&R 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.
11. Prohibiting Use of the Site
You shall not use the Site in any way that would interfere with their operation nor submit any content to the Site, which libels, defames, invades privacy, is obscene, pornographic, and abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Site any information or other materials that:
- could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;
- could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, M&R and their respective affiliates;
- could infringe the intellectual property rights including, without limitation, any copyright, trade- mark, or patent, of any person, including, without limitation and for greater certainty, M&R and their affiliates;
- could be considered as a use of the Site that is contrary to law or electronic etiquette, or which would adversely impact the use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
- contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;
- contain: (i) falsehoods or misrepresentations (ii) commercial content, including without limitation, advertising, solicitation, offers to sell any products, goods or services, or (iii) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation, which prohibition includes but is not limited to (a) using the Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or who has not consented to receiving electronic messages from you in accordance with applicable anti-spam legislation; (b) using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; or (iii) surveys or contests; or
- encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated
M&R does not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Site and M&R expressly disclaim any and all liability in connection with your submissions to the Site.
M&R reserve the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Site, in whole or in part, at any time, at its sole discretion and without prior notice.
Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by M&R. The use of any Intellectual Property without obtaining prior written consent from M&R 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 M&R, 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.
15. Entire Agreement
Unless specifically provided herein, these Terms constitutes the entire agreement between you and M&R 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.
M&R 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.
17. 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.
Version 1, July 2021