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Terms of Use

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with any of these terms and conditions, you must not use this website.

Cookies

This website uses cookies. Cookies are small data files containing information to specify unique preferences and to provide personalized content. Cookies automatically collect information such as your browser type, time and length of your visit and any personal information you agree to provide. Most browsers are initially set up to accept cookies, but visitors to this website always have the option of disabling cookies, and you can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, if you refuse cookies, you may be limited in some areas of the website.

Intellectual Property Ownership

All intellectual property rights including the copyright in this website and the material published on this website (including, without limitation, all text, graphics, computer code, photographs, images, content and the design and arrangement thereof), unless otherwise specified herein, are owned by Promenade Limited Partnership (the “Partnership”) all rights reserved.

Licence to Use Website

Permission is hereby granted by the Partnership to view, download for caching purposes only and print pages or other content from this website for personal and informational purposes only. Any other use, reproduction or redistribution of the content of this website or any part thereof is expressly prohibited by the Partnership. Without limiting the foregoing, you may not: (i) republish material from this website (including republication on another website); (ii) sell, rent or sub-licence material from this website; (iii) show any material from this website in public; or (iv) reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.

Acceptable Use

You must not: (i) use this website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (ii) use this website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (iii) use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (iv) conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this website without the Partnership’s express written consent; or (v) access or otherwise interact with this website using any robot, spider or other automated means.

Disclaimer

This website is provided “as is” without any representations or warranties whatsoever, express or implied. The Partnership makes no representations or warranties in relation to this website or the information and materials contained herein. Without limiting the generality of the foregoing, the Partnership does not represent or warrant that: (i) the information published on this website is complete, true, accurate or non-misleading; (ii) the material on this website is up to date; or (iii) this website or any of the information or materials contained herein will be constantly available, or available at all.

Limitation of Liability

In no event will the Partnership or any of its affiliates or any of their respective officers, employees, agents or representatives be liable for any loss or damages whatsoever arising out of or in connection with the contents of, use of or otherwise in connection with, this website including, without limitation: (i) indirect, special or consequential loss or damages; (ii) business losses (including, without limitation, loss of or damage to profits, income, revenue, use, production, anticipated savings, business relationships, contracts, commercial opportunities, reputation or goodwill); or (iii) any loss or corruption of any data, database or software, regardless of the circumstances.

Links to Third Party Sites

This website may contain hyperlinks to websites operated and owned by parties other than the Partnership. Such hyperlinks are provided solely for reference purposes only and the Partnership makes no representations or warranties whatsoever with respect to such sites or the contents thereof. Hyperlinks to third party websites do not imply any endorsement of the contents thereof by the Partnership or any association of the Partnership with the respective operators and owners of same. Any use of such hyperlinks by you is done solely at your own risk.

Severability

Any provision of these terms and conditions which is deemed, to any extent, invalid or unenforceable, will only be ineffective to the extent of such invalidity or unenforceability, and will be severed from the balance of these terms and conditions to the extent of such invalidity or enforceability, all without affecting the remaining provisions of these terms and conditions.

Governing Law

These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose a law of another jurisdiction. The parties irrevocably and unconditionally submit to the exclusive jurisdiction and venue (and waive any claim of forum non conveniens) of the courts of the Province of Ontario.