QuadReal Terms of Use

Last Updated: May 9, 2019

THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THIS WEBSITE AND CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY AND ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS OF USE WHETHER OR NOT YOU HAVE READ THEM.  IF YOU DO NOTACCEPT THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.  THESE TERMS OF USE ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. YOU AGREE TO REVIEW THESE TERMS OF USE REGULARLY. YOUR CONTINUED ACCESS TO OR USE OF THE WEBSITE FOLLOWING ANY CHANGES TO THESE TERMS OF USE CONSITUTES YOUR ACCEPTANCE OF THOSE CHANGES.

QuadReal Residential Properties LP (“QuadReal”, “we”, “us” or “our”) uses this Website to provide you with information about our company and our products and services. Any information, customer service or any related services provided to you through the Website are referred to in these Terms of Use as the “QuadReal Products and Services”.  Access to and use of the information provided through this Website and the QuadReal Products and Services (collectively referred to as the “Content”), is subject to your acceptance of and compliance with these Terms of Use.

For the purposes of these Terms of Use, the term “Website” means www.quadrealres.com and all its related webpages and websites (including without limitation any mobile optimized website), but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in association with the QuadReal Products and Services.

Ownership of Website

All right, title and interest in the Website, and the information and materials that it contains, including, without limitation, all content, site design, text, graphics, and images, are owned by QuadReal, our affiliates and other third parties under license to us, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. Any unauthorized use of the materials is strictly prohibited. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the Content. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any Content, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms of Use; or (ii) with our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.

We reserve the right to take such steps as we deem necessary, including without limitation legal action, to restrain unauthorized activity.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Website is for your personal and non-commercial use. You acknowledge and agree that you are authorized to, and shall, view and print the Content and use the Website and the Content solely for your own personal and non-commercial use, and subject to and in accordance with these Terms of Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, or sell any information, Content or services obtained from the Website without the express written consent of QuadReal, which consent shall be at QuadReal’s sole discretion.

Modification of these Terms of Use

QuadReal reserves the right to alter, add to, delete, modify, change or amend these Terms of Use at any time by posting the amended Terms of Use on the Website. All amended terms shall be effective immediately upon being posted even without express or specific notice to you of those changes. Your continued use of the Website after such modification of the Terms of Use will constitute your: (i) acknowledgement of the modified Terms of Use; and (ii) agreement to abide and be bound by those Terms of Use as modified. The most current version of these Terms of Use will govern your use of the Website. You are encouraged to review these Terms of Use from time to time to ensure your continued agreement. You may not modify these Terms of Use.  Any purposed modification of these Terms of Use by you is not valid.

Restrictions on Use of the Website

As a condition of your use of the Website, you warrant to QuadReal that you will not use the Website or Content for any purpose that is unlawful or prohibited by these Terms of Use.

You agree not to upload or otherwise transmit through the Website: (i) any unlawful, harassing, false, misleading, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature; (ii) any material that infringes on any rights of third parties; or (iii) any material that contains any virus or other harmful code that may change or disrupt the Website or any other user’s equipment or software. You further agree not to: (i) gain or attempt to gain unauthorized access to the Website, or computer systems or networks via the Website, through hacking, password or data mining, or any other means to circumvent security procedures; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the QuadReal Products and Services, or interfere with any other party’s use and enjoyment of the Website; (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy, “scrape” or interfere with any web pages or the content contained thereon on the Website; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; or (vi) use the Website to execute denial of service attacks.

Under no circumstances will you use the Website or the Content, or any derivative works from the Content, or any portion thereof, in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Website or the Content, or any derivative works from the Content, or any portion thereof. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Website or Content or any material retrieved from the Content to create products or perform services which compete or interfere with our products and services.

Accuracy of Information

We work hard to make sure all information provided on the Website is accurate, up-to-date and complete. However, the information and materials on the Website may contain errors or inaccuracies, including both typographical and substantive errors.  As discussed more completely in the Disclaimer of All Representations, Warranties and Conditions section below, we make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Website.

The information on the Website is provided for information purposes only and is not intended to provide or be legal, financial or other advice.  You should not act or rely on any information contained on this Website without verifying its accuracy through other sources and consulting a professional advisor.

We reserve the right, in our sole discretion, without notice and without any obligation, to discontinue, change, improve or correct the information, materials and descriptions on the Website and to suspend or deny access to the Website for any reason, including scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and we have no responsibility to update or amend any such information.

Links to Third-Party Websites

The Website may contain links to other websites that are operated by parties other than QuadReal (“Linked Sites”). Such Linked Sites are not under the control of QuadReal and are not subject to our privacy policies or security standards or these Terms of Use. QuadReal is not responsible for the contents or information or security practices of any Linked Sites. QuadReal is providing you with links to the Linked Sites as a convenience and the inclusion of any such links does not imply endorsement by QuadReal of the Linked Sites, any association with the operators of the Linked Sites, or acceptance of any responsibility for the content or use of such Linked Site.  Your use of Linked Sites, and any links to such Linked Sites provided on the Website is entirely at your own risk and you hereby release us from all liability and/or damages that may arise from your use of such links or Linked Sites.

Links to the Website

While we encourage links to the Website, we reserve the right to prohibit or refuse to accept any link to the Website at any time. You agree to remove any link you may have to the Website upon our request.

Non-Confidentiality and Privacy

Any communications between you and QuadReal, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Website, the QuadReal Products and Services, or the Content (“Feedback”) will be deemed by us to be non-confidential and non-proprietary, and you agree that (i) we are not subject to any confidentiality obligations in respect of the Feedback, (ii) the Feedback is not confidential or proprietary information of any third party and you have all of the necessary rights to disclose the Feedback to us, (iii) we (including all of our affiliates, successors and assigns) may freely use, reproduce and publicize the Feedback, and you irrevocably assign to us the right to license, distribute, and otherwise commercialize the Feedback without limitation, and (iv) you are not entitled to receive any compensation or re-imbursement of any kind from us or our affiliates, successors or assigns in respect of our use of the Feedback.  To the extent permitted by law, you further irrevocably waive any moral or other unassignable rights in your Feedback in favour of us and our affiliates, successors or assigns.  This provision shall survive the termination of your right to use the Website.

Our Privacy Policy https://www.quadrealres.com/privacy-policy explains how we collect, use and disclose personal information. By providing personal information via the Website you agree that we may collect, use and disclose your personal information as described in the Privacy Policy. The Privacy Policy forms part of the Terms of Use with you and is incorporated herein.

Security

While we make commercially reasonable efforts to keep the Website secure and protect the data you transmit to us through the Website, information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Website.  We will not be liable for any loss or damage you may suffer as a result of the interception of, or unauthorized access to or use of, data transmitted via the Website. 

Disclaimer of all Representations, Warranties and Conditions

SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR LEGAL WARRANTIES IN CERTAIN CASES, SO SOME OF THE FOLLOWING DISCLAIMERS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE AND ACCESS TO THE CONTENT ARE PROVIDED ON AN “AS IS”, AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, AFFILIATES, LICENSEES AND AGENTS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, LEGAL, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING WITHOUT LIMITATION WITH RESPECT TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE ACCESSIBILITY OR CAPABILITY OF THE WEBSITE (INCLUDING WITHOUT LIMITATION WITH RESPECT TO ACCESS TO THE WEBSITE THROUGH ANY MOBILE DEVICE) OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED THEREON, AND ALL SUCH WARRANTIES AND CONDITIONS ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND THE CONTENT BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, VIEWING, DOWNLOADING, USING OR RELYING ON ANY SUCH MATERIAL. WE DO NOT WARRANT THAT THE CONTENT PROVIDED HEREIN WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE IS FREE OF OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

You hereby acknowledge and agree that: (i) your application for an employment listing via the Website does not create an employer-employee relationship with QuadReal; (ii) does not constitute an offer of any kind; and (iii) QuadReal shall not be liable for any employment decisions that you make as a result of your reliance on any information posted on the Website.

Limitation of Liability and Indemnification

SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN CERTAIN CASES.  IN THOSE PROVINCES OR JURISDICTIONS OUR LIABILITY, AND THE LIABILITY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, AFFILIATES, LICENSEES AND AGENTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, AFFILIATES, LICENSEES AND AGENTS ARE NOT LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY, STRICT LIABLITY OR ANY OTHER THEORY OR LAW OR EQUITY), FOR ANY DAMAGES, LOSSES, CLAIMS OR EXPENSES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR YOUR USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL WE, OUR SUPPLIERS AND OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, OUR PRODUCTS, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS OR DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU SHALL INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, LICENSEES, DIRECTORS, OFFICERS, AGENTS, ADVISORS AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE LEGAL FEES, MADE BY YOU AND ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

You expressly acknowledge that we are making the Website, Content and links available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between you and us. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by us of your use of, or access to, the Website. If you are dissatisfied with any portion of the Website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Website.

Ability to Accept Terms of Use

You represent and warrant that: (i) you are an individual and over the age of majority in the jurisdiction in which you are resident; (ii) you are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal; (iii) you are fully able and competent to enter into, and abide by, these Terms of Use.

Jurisdiction

This Website is intended for access and use in Canada.  Those who choose to access and use the Website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials.

To the extent permitted by law, these Terms of Use are governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada.

Termination

QuadReal may with or without cause at any time and without prior notice, immediately terminate its relationship with you or your ability to access the Website or portions thereof. You agree that QuadReal may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating this relationship and such activity may be referred to appropriate law enforcement authorities.

Should you object to the Terms of Use or any subsequent modifications thereto or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue your use of the Website.

QuadReal shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your access to the Website.

Website Availability

We cannot guarantee that the Website will be available 100% of the time. Although we strive to provide a reliable website, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.

Notices

Any notices may be given to you by any means including, but not limited to: (i) email; (ii) notices or messages posted on the Website; or (iii) any other means by which you obtain notice thereof.

Miscellaneous

In case any provision of these Terms of Use is for any reason 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. These Terms of Use are binding upon and shall enure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You may not assign or transfer your rights or obligations hereunder without QuadReal’s prior written consent, which consent shall be at QuadReal’s sole discretion. QuadReal may assign these Terms of Use in whole or in part at any time without notice to you.

These Terms of Use constitute the entire agreement between you and QuadReal with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and QuadReal with respect to such use are hereby superseded and cancelled. QuadReal’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by QuadReal of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between QuadReal and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Contact Us

If you have any comments or questions please contact: info@quadreal.com