D & A Limited Partnership
By using this website, you acknowledge your acceptance of these Terms and your intention to be legally bound by them. If you do not agree with these Terms or intend not to be legally bound by them, please exit this website.
By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence and legally authorized to enter into contractual obligations.
- NOT AN OFFER TO SELL
No information or material on the website is to be considered to be an offer to sell a residential unit(s). Any reference on the website to products, services or publications do not imply the endorsement or approval of such products, services or publications by D&A.
- PURCHASERS OF RESIDENCES
For the purchasers of residential units from D&A, their respective agreements of purchase and sale provide the sole and exclusive remedies to such purchasers arising from any cause or claim whatsoever, including, without limitation, any lien arising from any misrepresentation. This website and its contents therein do not contain any representations, warranties, conditions or contracts.
- INTELLECTUAL PROPERTY
Our website, its design, all text, graphics, floor plans, content, video, audio, and the selection and arrangement of our website are the property of D&A, or its various subsidiaries, affiliates, licensors, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of Canada and other countries. None of the content found on our website may be reproduced distributed, displayed, sold, transferred, or modified without the prior express written permission of D&A or the applicable Third Parties.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION PROVIDED BY YOU
We rely on the accuracy of the information that you provide to us and transaction-related information, which must be true, accurate, current, and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we, or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to update your information.
- ERRORS, INACCURACIES, AND OMMISSIONS
Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions that may relate to descriptions of residences, floorplans, pricing, promotions, offers, and availability. We reserve the right to, without giving prior notice to you, correct any errors, inaccuracies or omissions, and to change or update information.
Images of residences are for illustrative purposes only, and should not be relied upon. The images may not accurately represent the actual condition of residences as constructed, and may contain options which are not standard on all residences.
Floorplans of the residential units are for marketing purposes and are for guidance only. Units may be a reverse layout to plans shown. The unit's dimensions, fixtures, fittings, finishes and specifications may change without notice, to the extent permitted by applicable law. The floorplans do not necessarily represent a true and accurate depiction of the finished condominium unit. All images and dimensions are not intended to form part of any contract or warranty.
We undertake no obligation to update, amend or clarify information on our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the website or on any related website, should be taken to indicate that all information in the website or on any related website has been modified or updated.
- EXTERNAL LINKS
This site may contain links to sites owned or operated by other parties. Such links are provided for your convenience only. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES, ON, OR THE SECURITY OF, SUCH SITES. WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY IF SUCH SITES INFRINGE ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; ARE INACCURATE, INCOMPLETE, OR MISLEADING; ARE NOT MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE; DO NOT PROVIDE ADEQUATE SECURITY AND PRIVACY; CONTAIN VIRUSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE; OR ARE LIBELOUS OR DEFAMATORY. FURTHER, WE DO NOT ENDORSE THE CONTENT OR ANY PRODUCTS OR SERVICES AVAILABLE, ON SUCH SITES. IF YOU ESTABLISH A LINK TO SUCH SITES, YOU DO SO AT YOUR OWN RISK AND WITHOUT OUR PERMISSION.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. SUBJECT ONLY TO THE EXPRESS REPRESENTATIONS AND WARRANTIES OF D&A SET FORTH IN THESE TERMS, AS AMENDED FROM TIME TO TIME, TO THE MAXIMUM EXTENT PERMITTED BY ANY APPLICABLE LAW, D&A GIVES NO CONDITION, WARRANTY, UNDERTAKING, OR REPRESENTATION WHATSOEVER, IMPLIED OR OTHERWISE, IN RESPECT OF OUR WEBSITE, PRODUCTS OR SERVICES, ALL OF WHICH ARE PROVIDED TO YOU ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS. YOU HEREBY WAIVE, RELEASE, AND DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND LIABILITIES OF D&A AND ALL OTHER REMEDIES, RIGHTS AND CLAIMS AGAINST D&A, EXPRESS OR IMPLIED, ARISING BY LAW, STATUTE OR OTHERWISE, WITH RESPECT TO OUR WEBSITE, OR SERVICES, OR OTHERWISE IN CONNECTION THEREWITH, OR YOUR USE, AS APPLICABLE, OF OUR WEBSITE OR SERVICES, AS APPLICABLE, AND ANY OTHER ITEMS SUBJECT TO, OR RELATED OR ASSOCIATED THEREWITH, INCLUDING: (I) ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN TORT, DESPITE ANY FAULT, NEGLIGENCE, OMISSION OR STRICT LIABILITY OF D&A (WHETHER ACTIVE, PASSIVE OR IMPUTED).
B. D&A DOES NOT WARRANT THAT OUR WEBSITE, PRODUCTS OR SERVICES WILL BE AVAILABLE OR OPERATE IN ACCORDANCE WITH YOUR EXPECTATIONS OR REQUIREMENTS OR WILL OPERATE WITHOUT INTERRUPTION. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR DECISION TO ENTER INTO A TRANSACTION WITH D&A WAS INDEPENDENTLY DETERMINED AND NOT THE CONSEQUENCE OF OR MADE IN RELIANCE UPON, IN WHOLE OR IN PART, ANY ASSESSMENT OR ADVICE BY D&A.
C. ANY UNPROTECTED E-MAIL COMMUNICATION OVER THE INTERNET IS NOT CONFIDENTIAL, AND SUBJECT TO POSSIBLE INTERCEPTION OR LOSS, AND IS ALSO SUBJECT TO POSSIBLE ALTERATION. D&A IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE TO YOU OR ANY ONE ELSE FOR ANY DAMAGES IN CONNECTION WITH AN E-MAIL SENT BY YOU TO D&A OR AN E-MAIL SENT BY D&A TO YOU AT YOUR REQUEST
- UNLESS FURTHER LIMITED ELSEWHERE IN THIS AGREEMENT, THE LIABILITY OF D&A TO YOU FOR ANY BREACH OF THIS AGREEMENT, CLAIMS, OR LOSSES, REGARDLESS OF THE BASIS OF SUCH CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY CLAIM IN TORT OR OF FUNDAMENTAL BREACH OF CONTRACT, SHALL BE DIRECT DAMAGES ONLY PROVIDED, HOWEVER, THAT THE MAXIMUM AMOUNT OF SUCH LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNTS THAT YOU HAVE PAID TO US IN CONNECTION TO YOUR USE OF OUR WEBSITE AND SERVICES. IN NO EVENT SHALL D&A BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AGGRAVATED OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES FOR LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, AND ANY OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND AND ARISING OUT OF OR OTHERWISE IN CONNECTION WITH OUR WEBSITE, PRODUCTS OR SERVICES.
You agree to indemnify, defend and hold harmless D&A and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees, from any claim or demand, made by you or any third-party due to or arising out of your use of our services, your breach of these Terms, or the documents they incorporate by reference, or your violation of any law or the rights of any third-party.
- GOVERNING LAW
These Terms and any separate agreements whereby we provide you with our products and services shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that Province.
If any one or more of the provisions contained in these Terms should be invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of such provision or provisions will not in any way be affected or impaired thereby in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained herein will not in any way be affected or impaired thereby.
- CONTACT INFORMATION
Questions about the Terms should be directed to us at: email@example.com
The original English version of these Terms may have been translated into other languages. The translated version is a courtesy translation only and no rights are derived from such translation. If there is a discrepancy or inconsistency between the English language version of these Terms and a version of these Terms translated into another language, the English language version of these Terms shall apply, prevail and be conclusive.