Welcome to the Merivale Mall website, managed by First Capital REIT (“First Capital”). We have set up some ground rules to ensure that we keep this area useful, informative and safe for everyone. First Capital is built on trust, and this Agreement helps promote that trust among all users of this website.
THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH YOU WILL USE THE SERVICES AT MERIVALEMALL.CA. BY USING THE MERIVALEMALL.CA WEBSITE YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
1. No Resale of Services or Information
You agree not to copy for commercial purposes or resell information obtained from First Capital without the express permission of First Capital.
In the event that you have a dispute with one or more other users of this website, you release First Capital (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3. Limit on Liability
In no event shall First Capital or its suppliers be liable for lost profits or any special, incidental or consequential damages (however arising, under contract, tort or any other theory of liability) arising out of or in connection with this Agreement. To the extent permitted by local law, our liability, and the liability of our suppliers, to you or to any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the 12 Months prior to the action giving rise to liability, or (b) $100.
4. System Integrity
You as a user agree not to use any device, software or routine to interfere or attempt to interfere with the proper operation of the First Capital site or any service being provided on our site. You agree not to take any action that imposes an unreasonable or disproportionately large load on our website infrastructure. If you are issued a password, you agree not to disclose your password to any third party or to use your password for any unauthorized purpose.
5. Web Links
First Capital may display URLs or icons which allow users to link to other websites, including, without limitation, sites which are operated by third parties and which are not maintained by First Capital. First Capital makes no representations whatsoever about any other website to which you may have access through this site. Any content, services, representations or warranties made on such other websites are the sole responsibility of the operator of those sites, and First Capital assumes no responsibility for any the content, the operation or the services provided thereon.
You as a user agree to indemnify and hold harmless First Capital, from any claim or demand made by any third party arising out of the use of the services provided by First Capital by you or by any other person using your user name and password. You also agree to indemnify and hold harmless First Capital against all of the reasonable costs of defending any such third party claims.
8. No Warranty
WE PROVIDE THE FIRST CAPITAL WEBSITE AND OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FIRST CAPITAL MAKES NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR (III) THE CONTENT OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE.
9. General Compliance with Laws
You as a user agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.
10. No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended, implied or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be transmitted to First Capital by e-mail to Erika.Hannam@fcrms.ca (in the case of notices sent to First Capital) or to you the user at the e-mail address which you provide to First Capital during the registration process. Notice shall be deemed given 72 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to First Capital during the transaction or bid process. In such case, notice shall be deemed given 3 days after the date of mailing.
“First Capital”, the First Capital logo and the products and services described in this Site, are without limitation either trademarks of First Capital or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of First Capital. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of First Capital, and may not be copied, imitated or used, in whole or in part, without the prior written permission of First Capital. All other trademarks, registered trademarks, and company names or logos mentioned herein are the property of their respective owners. Do not use these trademarks without written permission of the owner.
13. Applicable Law
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
Unless otherwise indicated, all dollar amounts referred to in this and other web-sites provided by First Capital are in Canadian funds.
16. Entire Agreement and Waiver
This Agreement constitutes the entire agreement between the First Capital and the user and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties with respect thereto. No supplement, modification, waiver or termination of this Agreement shall be binding unless executed in writing by the person to be bound thereby. No waiver of any of the provisions of this Agreement shall constitute or be deemed a waiver of any other provisions (whether or not similar) or a continuing waiver unless otherwise expressly provided.
17. Your Correspondence
We encourage you to share your comments and questions with other users and us. We promise to read all the mail you send to us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (such as product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future programs. Also, please remember that you are responsible for whatever material you submit, and that you, and not First Capital, have full responsibility for the message, trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of First Capital.
18. Additional Information