M Capital reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website after such changes indicates your acceptance of the Terms as modified.
INDIVIDUALS PURCHASING DWELLING UNITS
Individuals purchasing dwelling units from any company affiliated and/or associated with M Capital should refer to their respective agreements of purchase and sale for full details of the terms and provisions governing their respective transactions. These agreements of purchase and sale provide the sole and exclusive remedies to purchasers of such dwelling units arising from any cause or claim whatsoever, including any lien arising from any misrepresentation.
INTELLECTUAL PROPERTY AND PERMITTED USE OF THIS WEBSITE
M Capital is the owner or authorized user of all intellectual property rights in this Website and all content displayed on this Website. All information at this Website is protected under the copyright laws and other intellectual property laws of Canada and other countries. M Capital authorizes you to view, download and print materials and content provided on this Website for your personal, non-commercial use only, provided: (i) the words “copyright M Capital” appears on all material that is so printed; and (ii) the information will not be altered in any manner. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of M Capital is strictly prohibited. All trademarks, logos, and service marks (the “Trademarks“) displayed on this Website are trademarks of M Capital and others, and may not be used by you in any way without the express written permission of M Capital. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of M Capital. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of M Capital or of third parties is strictly prohibited. M Capital reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and M Capital reserves the right to suspend or terminate your access to any part of this Website immediately, without prior notice, at its sole discretion.
USER GENERATED CONTENT
You are prohibited from posting or transmitting to or from this 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.
M Capital values your visit to this Website and welcomes any questions, comments or feedback you might have about this Website, all of which will be subject to the Terms, or any of the products or services offered by M Capital. Please refer to the Contact section of this Website for phone and fax numbers and email addresses.
Any and all ideas and/or suggestions forwarded or disclosed by you or on your behalf to M Capital 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 and/or suggestions are absolutely waived, (c) you represent and warrant to M Capital that such ideas and/or suggestions are wholly original with you, that no one else has any rights in and to same, and (d) M Capital is free to implement the ideas and/or suggestions as it may from time to time desire, without obtaining permission or license from any third party.
EMAIL MESSAGES AND SECURITY
AVAILABILITY OF SERVICE
The services provided under this Website may be limited or discontinued at any time by M Capital at its discretion and without notice.
LINKS AND PRODUCT ENDORSEMENT
Links on this Website to third party websites, and some of the content appearing on this Website may be supplied by third parties by way of framing, metatagging or otherwise linking to other websites are provided for your convenience only. Any references on this Website to products, services or publications, other than those of M Capital, do not imply an endorsement of any linked sites or an affiliation with 3
their owners or operators. Any references on this Website to products, services or publications, other than those of M Capital, do not imply the endorsement or approval of such products, services or publications by M Capital. M Capital has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site. M Capital 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. If you have any concerns in visiting any particular website that is linked to this Website, please contact M Capital and M Capital will determine, in its discretion, if the link should be removed from this Website. You may not provide a link to this Website without the express written permission of M Capital.
Although reasonable care has been taken to ensure the accuracy of the information on this 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 this 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 this Website or otherwise, and without any liability being incurred by M Capital thereby. Without limiting the generality of the foregoing, you are hereby advised that:
- the height, colour, size, shape, texture, dimensions, specifications and/or design of the:
- exterior facade of any proposed real estate project(s) and/or any future phase(s) with respect thereto;
- interior and exterior common element areas, including all roadways, walkways, ramps, driveway exits and/or landscaped areas; and
- recreational facilities and amenities, if specifically provided for in any disclosure statement;
- 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);
- the total number of dwelling, parking, locker and/or service units within any proposed condominium, and/or the total number of levels comprising any proposed condominium;
- the number, location, design and/or size of the windows within any dwelling unit(s);
- the patio, balcony, front/rear yard, or terrace area(s) appurtenant to any dwelling unit(s), if applicable; and/or
- 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 M Capital thereby.
Furthermore, dimensions of floor plans, artists drawing and computer renderings are approximate only. Dwelling 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 dwelling 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 living 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 selling such unit. Floor area measurements of dwelling units within condominium projects are generally calculated based on the middle floor of the condominium building for each suite 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 dwelling 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 (in areas such as foyers, hallways, closets, laundry rooms, storage rooms, bathrooms, powder rooms and/or kitchens), then the ceiling height of such unit will be less than what was represented.
Content on this 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.
LIMITATION OF LIABILITY
In no event will M Capital and/or any of the directors, officers, shareholders, employees or agents of any of the companies comprising “M Capital”, 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 this Website, any websites linked to this 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.
USE OF TERM “M Capital”
Reference in any content contained on this Website of any product or service provided by M Capital or solicited by M Capital shall mean only such products or services of M Capital, any of its affiliated and/or associated companies and/or any of those companies using the M Capital trademark under license from M Capital that is actually providing or soliciting such product or service. Users of this 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.
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.
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.
M Capital values your visit to this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by M Capital. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.