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GROUP TERMS OF USE

Metrus Properties Website Terms of Use

The following are the terms of use (the “Terms”) that govern the use of the www.metrusproperties.com website (the “Website”). By using the Website, you agree to be bound by the Terms as revised or updated from time to time, including without limitation, the Privacy Policy posted on the Website as revised or updated from time to time, and any other usage guidelines and rules that may be posted from time to time, all of which are incorporated herein by reference, as well as all applicable laws and regulations governing the Website. If you do not agree, please do not enter or use the Website.

1. Intellectual Property And Permitted Use

Metrus Properties is the owner or authorized user of all intellectual property rights in the Website and all content displayed on the Website. All information on 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 Metrus Properties” 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 on the Website. All trademarks, logos, and service marks (the “Trademarks”) displayed on the Website are registered and unregistered trademarks of Metrus Properties and others, and may not be used by you in any way without the express written permission of Metrus Properties or the owner of such Trademark.

2. 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. Metrus Properties 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 Metrus Properties 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 Metrus Properties 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) Metrus Properties 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.

3. E-mail Messages and Security

Regular, unencrypted e-mail messages over the Internet are not secure. Metrus Properties shall not be responsible for any unauthorized access to personal or confidential information that is contained in any email or other transmission to Metrus Properties. This Website uses cookies and session variables to personalize content and enhance the user‘s experience. This may result in unauthorized access to personal or confidential information. While every reasonable effort is made to ensure that all software provided at the Website is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. Metrus Properties recommends that you utilize firewall hardware. Metrus Properties cannot represent or warrant that the Website is a secure repository.

4. Availability of Service

The services provided under the Website may be limited or discontinued at any time by Metrus Properties at its discretion and without notice.

5. 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. Metrus Properties 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. Metrus Properties 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 Metrus Properties at webmaster@metrusproperties.com and Metrus Properties 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 Metrus Properties.

6. Product Endorsement

Any references on the Website to products, services or publications, other than those of Metrus Properties, do not imply the endorsement or approval of such products, services or publications by Metrus Properties

7. 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 Metrus Properties thereby. Without limiting the generality of the foregoing, you are hereby advised that:

  1. the height, colour, size, shape, texture, dimensions, specifications and/or design of the:
    1. exterior facade of any proposed real estate project(s) and/or any future phase(s) with respect thereto;
    2. interior and exterior common element areas, including all roadways, walkways, ramps, driveway exits and/or landscaped areas; and
    3. recreational facilities and amenities, if specifically provided for in any disclosure statement;
  2. 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);
  3. the total number of parking, locker and/or service units within any proposed unit, and/or the total number of levels comprising any proposed unit;
  4. the number, location, design and/or size of the windows within any unit(s);
  5. 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 Metrus Properties thereby.

Furthermore, dimensions of floor plans, artists drawing and computer renderings are approximate only. 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 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 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 offering such unit. Floor area measurements of units are generally calculated based on the middle floor of the building for each unit 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 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, 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.

8. Limitation of Liability

In no event will Metrus Properties and/or any of the directors, officers, shareholders, employees or agents of any of the companies comprising “Metrus Properties”, 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.

9. Use of Term “Metrus Properties”

Reference in any content contained on the Website of any product or service provided by Metrus Properties or solicited by Metrus Properties shall mean only such products or services of Metrus Properties and any of its affiliated and/or associated companies and/or any of those companies using Metrus Properties trademarks under license from Metrus Properties 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.

10. 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 Metrus Properties 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. Metrus Properties 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 Metrus Properties. Postings may be removed or withdrawn without notice. In no event shall Metrus Properties be responsible for any inability to submit information pursuant to such postings.

11. Severability

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.

12. 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.

© 2011 Metrus Properties. All rights reserved.

PRIVACY

Our Commitment to Your Privacy

Metrus Properties values your business and respects your right to privacy. We want you to feel secure about any private information that you provide to us, and have therefore outlined our Privacy Policy below.

This Privacy Statement has been adopted by Metrus Properties and by those organizations using Metrus Properties trademarks, in order to demonstrate their commitment to the protection of individual privacy. The following discloses the personal information collection, use and disclosure practices of Metrus Properties.

For the purposes of this Statement, “personal information” means information that is personally identifiable to individuals. “Non-identifiable information” means information that cannot be associated with or traced back to specific individuals with any certainty.

How and when Metrus Properties collects personal information:

1. Metrus Properties collects personal information from individuals on a voluntary basis through surveys, contest entry forms, registration forms, questionnaires and transaction documents both online and offline. The personal information includes contact information (for example name, mailing address, e-mail address, telephone number), demographic information, household information, preference information and transaction-related information.

Use of personal information by Metrus Properties:

2. Metrus Properties uses personal information that it collects for the following:

  • To communicate with individuals;
  • To understand individual needs;
  • To promote and offer products, services and special offers that meet individual needs or that might be of interest to individuals based on information provided and approved by Metrus Properties;
  • To provide individuals with products or services that are requested or that is part of Metrus Properties’ ongoing service with their customers; and
  • To conduct, process and complete transactions with Metrus Properties customers.

The information also enables us to develop and customize our products and services to better meet the needs and preferences of customers. Metrus Properties may, from time to time, contact individuals by electronic format, regular mail or telephone for any of the purposes set out above.

Disclosure of personal information by Metrus Properties:

3. Metrus Properties does not sell, rent or trade personal information that it collects. Metrus Properties will not knowingly disclose personal information to any third parties except in the following circumstances:

  • When Metrus Properties has received consent to do so or under limited circumstances specifically described at such time as personal information is collected;
  • When Metrus Properties, in good faith, believes the law permits or requires such disclosure;
  • To affiliated and associated companies within the Metrus Properties group of companies and only for the purposes described in paragraph 2 above. These affiliated and associated companies and their respective employees are restricted from using the personal information for any other purpose than as described in paragraph 2 above;
  • To its agents, professional advisors, promotional and marketing agencies, and to any other Third Parties in order to complete transactions, to process data and to service customers. These Third Parties and their respective employees are only provided with such personal information as is necessary to perform the services for which they have been contracted and are restricted from using the personal information for any other purpose other than as described in paragraph 2 above; and
  • In the event of the sale of Metrus Properties, personal information may be one of the transferred business assets.

Retention of personal information by Metrus Properties:

4. At such time as personal information is no longer required for the purposes stated in this Privacy Statement or other statutory requirements, such personal information will be made anonymous or destroyed.

Collection, use and disclosure of non-identifiable information:

5. Metrus Properties collects and uses Non-Identifiable Information to assess the effectiveness of web site content and traffic. This allows Metrus Properties to improve the quality of visits to web sites managed by it by streamlining visitors’ ability to navigate these sites and developing featured programs and content that will be of interest to visitors. Aggregate nonidentifiable information is used to perform statistical analyses of the collective characteristics and behaviour of individuals, and to measure demographics and interests.

6. Metrus Properties also uses aggregate non-identifiable information it collects to inform its current and prospective sponsors and advertisers about the number of visits to its web sites, the demographic characteristics of these visitors and the number of times visitors have viewed and “clicked” on their advertisement(s). Metrus Properties also discloses to advertisers the overall demographics available regarding visitors who “clicked” on their advertisement. Aggregate non-identifiable information may be used to Metrus Properties services and products to third parties such as prospective business partners and financial institutions. In any of these circumstances, only non-identifiable information in an aggregate form and not personal information is disclosed.

Web sites operated by third parties:

7. Web sites operated by Metrus Properties may contain links to other web sites that may collect personal information. This Statement does not extend to the data collection, disclosure, use and retention practices of such third parties and Metrus Properties does not assume any responsibility for the privacy practices, policies or actions of such third parties. Individuals should read the privacy policies of such third parties, and make an informed decision whether or not to visit such web sites and/or provide personal information to such third parties based upon their privacy practices and individual discretion.

Safeguarding personal information:

8. Metrus Properties has taken measures to protect the security and confidentiality of personal information as are appropriate in the circumstances. Personal information is stored in confidential databases and locations in the Greater Toronto Area. These sites have appropriate security measures in place to protect against the loss, misuse and alteration of personal information under the care and control of Metrus Properties. Any information transmitted via the Internet, however, may be intercepted by third parties. Metrus Properties does not assume any liability for interception, alteration or misuse of information transmitted over the Internet. Metrus Properties employees are restricted from using and disclosing personal information collected by Metrus Properties other than in accordance with this Statement.

Accessing personal information:

9. Individuals have the right to access, verify and correct or amend all of their personal information collected by Metrus Properties. Metrus Properties believes that it is imperative that personal information be as accurate, complete and up to date as is necessary for the purposes for which it is collected. Accordingly, to help Metrus Properties keep personal information as current as possible, Metrus Properties encourages individuals to amend inaccuracies and make corrections in their personal information collected by Metrus Properties as often as necessary. To access, verify and correct or amend personal information, please send an email to the Privacy Officer at Metrus Properties at privacy@metrusproperties.com or call 905.669.9714.

How to File a Complaint

10. To file a complaint with Metrus Properties concerning the collection, use and/or disclosure of personal information, please send an email to the Privacy Officer at Metrus Properties at privacy@metrusproperties.com or call 905.669.9714. All complaints will be investigated by the Metrus Properties’ Privacy Officer as soon as is practical in the circumstances. Individuals will be notified of the outcome of the investigation of complaints clearly and promptly and will be notified of any relevant steps taken or to be taken as a result of a complaint.

The choice to provide personal information or to receive certain information and promotional materials:

11. Individuals always have the choice whether or not they wish to supply Metrus Properties with personal information. Individuals wishing to “opt-out” of receiving certain informational and promotional materials from Metrus Properties or who otherwise object to the collection, use and disclosure policies as provided under this Privacy Statement, are asked to contact the Privacy Officer at Metrus Properties at privacy@metrusproperties.com or call 905.669.9714.

Opt-out opportunities are also provided in other circumstances such as in certain promotional mailings. Individuals are reminded that the decision to withhold personal information or to object to the use and/or disclosure of personal information as provided in this Privacy Statement or in any agreement between such individuals and Metrus Properties may, in certain instances, limit their ability to complete purchases of Metrus Properties products and services and limit their ability to access or take advantage of certain promotions and features.

Your personal information is obtained and used only with your consent that may be expressed or implied depending on the circumstance.

Comments and questions

12. Any comments or questions about this Statement should be addressed to Metrus Properties as follows:

By mail:
METRUS PROPERTIES
30 Floral Parkway, Suite 200
Concord, Ontario L4K 4R1
Attention: Privacy Officer

By email:
privacy@metrusproperties.com

By phone:
905.669.9714

Effective date of Statement

13. This Statement has been adopted by Metrus Properties as of May 31, 2011. Revisions to the Statement will be posted on www.metrusproperties.com as soon as practical.
a division of Metrus Properties II Inc.