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Terms and Conditions
DEVONSHIREMALL.COM WEBSITE TERMS AND CONDITIONS OF USE
The Devonshire Mall Website (http://www.devonshiremall.com) ("the
Website") is offered to you subject to your acceptance of the Terms and
Conditions contained herein.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL DISCONTINUE YOUR USE OF THE WEBSITE.
Ownership of Website
All right, title and interest in the Website is owned by or licensed
by Ivanhoe Cambridge Inc. ("Ivanhoe Cambridge"). The materials provided
on the Website including, without limitation, all content, site design,
text, graphics are protected by copyright, trademark and other
intellectual property laws. Any unauthorized use of the materials is
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Website is for your personal and
non-commercial use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, transfer, or sell any
information or services obtained from the Website without the express
written consent of Ivanhoe Cambridge, which consent shall be at Ivanhoe
Cambridge's sole discretion.
Modification of These Terms and Conditions of Use
Ivanhoe Cambridge reserves the right to amend these Terms and
Conditions at any time by posting the amended terms on the Website,
which posting shall constitute notice to you. All amended terms shall be
effective immediately upon such notice.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE AND SERVICES AVAILABLE ON OR THROUGH THE
WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
IVANHOE CAMBRIDGE, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR FREE, ACCURATE, COMPLETE OR CURRENT. NOR DOES IVANHOE CAMBRIDGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED, THROUGH THE WEBSITE.
ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. IVANHOE CAMBRIDGE DOES NOT WARRANT OR GUARANTEE THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE THAT MAY DAMAGE OR INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND/OR DOWNLOADING SUCH MATERIAL AND/OR DATA.
You hereby acknowledge and agree that: (a) Ivanhoe Cambridge does not screen the employment listings posted on the Website; (b) Ivanhoe Cambridge does not guarantee the nature of the positions listed on the Website or the truth or accuracy of the description of such positions; (c) your application via the Website does not create an employer-employee relationship with Ivanhoe Cambridge; and (d) Ivanhoe Cambridge 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
IN NO EVENT SHALL IVANHOE CAMBRIDGE BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFIT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF IVANHOE CAMBRIDGE HAD BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Ivanhoe
Cambridge that you will not use the Website for any purpose that is
unlawful or prohibited by these Terms or Conditions.
You agree not to upload or otherwise transmit through the Website any unlawful, harassing, false, misleading, libelous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature. You further agree not to gain or attempt to gain unauthorized access to other computer systems via the Website.
You agree not to upload or otherwise transmit to or through the Website any material that: (i) infringes on any rights of third parties; and/or (ii) contains any virus or other harmful code that may change or disrupt the Website or any other user's equipment or software.
Links to Other Sites
The Website may contain links to other websites ("Linked Sites")
operated by parties other than Ivanhoe Cambridge. Such Linked Sites are
not under the control of Ivanhoe Cambridge and Ivanhoe Cambridge is not
responsible for the contents of any Linked Site. Ivanhoe Cambridge is
providing you with a link to the Linked Sites as a convenience and the
inclusion of any such link does not imply endorsement by Ivanhoe
Cambridge of the Linked Site or any association with its operators.
Any notices may be given to you by any means including, but not
limited to: (a) email; (b) notices or messages posted on the Website; or
(c) any other means by which you obtain notice thereof.
You agree to indemnify and hold Ivanhoe Cambridge, its subsidiaries,
affiliates, directors, officers and employees, harmless from all
claims, liabilities, damages, losses, including reasonable legal fees
and expenses, due to or arising out of your use of the Website or your
breach of these Terms of Conditions.
Either you or Ivanhoe Cambridge may terminate this relationship with or without cause at any time.
You agree that Ivanhoe Cambridge 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 the Terms and Conditions. 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 and Conditions 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.
Ivanhoe Cambridge shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
Applicable Law and Governing Law
You agree to comply with all applicable laws and regulations. These
Terms and Conditions and all related transactions shall be governed by
the laws of the Province in which the shopping centre to which the
Website refers is located and the applicable laws of Canada. The parties
hereby agree to the non-exclusive jurisdiction of the courts of the
Province in which the shopping centre to which the Website refers is
In case any of the provisions of these Terms and Conditions shall
for any reason be held to be invalid, illegal, or unenforceable, such
invalidity, illegality, or unenforceability shall not affect any other
provisions hereof, and these Terms and Conditions shall be construed as
if such invalid, illegal, or unenforceable provision had never been
The section headings used herein are for convenience of reference only and do not form part of these Terms and Conditions.
Benefit of the Agreement
These Terms and Conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder without Ivanhoe Cambridge's prior written consent, which consent shall be at Ivanhoe Cambridge's sole discretion.