MARCON GROUP OF COMPANIES
References on this website to “we”, “us”, “our”, “Marcon” and the “Marcon Group of Companies” are to Marcon Developments Ltd. and its affiliates, subsidiaries and related companies and partnerships (together the “Marcon entities” and each a “Marcon entity”) or (as the context requires) the Marcon entities collectively.
Unless specifically stated, a Marcon entity is not acting as agent of Marcon Developments Ltd. or any other Marcon entity, and does not obligate Marcon Developments Ltd. or any other Marcon entity and is liable only for its own acts or omissions and not those of Marcon Developments Ltd. or any other Marcon entity. Similarly, unless specifically stated, Marcon Developments Ltd. does not act as an agent of any other Marcon entity, does not obligate any other Marcon entity and is liable only for its own acts or omissions.
USE OF WEB SITE
USE OF INFORMATION
Unless otherwise specified, the Web Site is provided for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Web Site.
The material and information provided on the Web Site is for general reference only. The material and information on the Web Site is not provided for the purpose of professional or legal advice.
Information contained in the Web Site, including information relating to construction methods, pricing, availability, dimensions and illustrations does not necessarily apply to each residential or commercial unit and is subject to change at any time. Although we attempt to provide accurate information, the Web Site may contain inaccurate, incomplete, or out-of-date information. The Marcon Group of Companies assumes no responsibility for errors or omissions in the content of the Web Site, and makes no commitment to update such information.
PURCHASERS OF RESIDENTIAL OR COMMERCIAL UNITS
Project-specific web sites are published by the partnership or corporation that is listed in the applicable disclosure materials or purchase agreement. No information or material on the Web Site is an offer to sell or lease a unit. Potential purchasers should seek professional advice or legal advice and complete their own independent investigations prior to purchasing a residential or commercial unit.
Without limiting the foregoing, purchasers of residential or commercial units from any company or partnership affiliated and/or associated with the Marcon Group of Companies should refer to their respective agreements of purchase and sale (the “Purchase Agreement”) for full details of the terms and provisions governing their respective transactions. These Purchase Agreements and any remedies available at law in respect of these Purchase Agreements provide the sole and exclusive remedies to purchasers of such units arising from any cause or claim whatsoever, including any liability arising from any misrepresentation. There are no representations, warranties, conditions, or contracts or collateral representations, warranties, conditions, or contracts, express or implied, arising out of the Web Site or any content therein.
You recognize that each residential project is developed by the entity(ies) noted in the disclosure statement. If you enter into a Purchase Agreement to purchase a unit in that project, you are contracting with the entity named as the vendor in such Purchase Agreement. None of the entities in the Marcon Group of Companies other than the applicable vendor has any relationship with the purchaser with respect to the purchase of the unit.
If you are purchasing or leasing a unit from a third party, the Marcon Group of Companies has no liability in respect of your agreement with such party.
The information on the Web Site, including without limitation all design, text, images, photographs, press releases, and other information, are protected under Canadian and other copyright laws, and are owned by the Marcon Group of Companies or its licensors. Copyright © 2020 the Marcon Group of Companies, all rights reserved. The trademarks, logos, signs, symbols, images, brands and service marks (collectively, “Marks”) displayed on the Web Site are the property of the Marcon Group of Companies or its licensors. You are prohibited from using any Marks for any purpose whatsoever without the written permission of the owner of such Marks, which permission may be withheld in the sole discretion of the owner of the relevant Marks. For more information, contact firstname.lastname@example.org.
You agree that any and all creative ideas, concepts, notes, drawings, suggestions, feedback or other information that you may provide to us, whether solicited or unsolicited, as a user of the Web Site or otherwise (e.g. by e-mail to any of the Marcon Group of Companies) (“Feedback”), will be owned by us, including all intellectual property rights therein, without providing compensation to you or any other person and without any liability whatsoever, and you hereby irrevocably assign all intellectual property rights throughout the world and in perpetuity in and to the Feedback to us and irrevocably waive all moral rights you may have therein. Upon request from us and at our expense, you will fully cooperate and assist with, execute and deliver all further documents to enable us to document, acquire, apply for, prosecute, perfect or enforce any intellectual property rights in the Feedback. If for any reason we are unable to secure any necessary documentation from you to effect the foregoing further assurances, then you irrevocably designate and appoint us and our duly authorized officers and agents as agent and attorney in fact, to act for an on your behalf for the purpose of documenting, acquiring, applying for, prosecuting, perfecting or enforcing such intellectual property rights in the Feedback.
We reserve the right to change the terms, conditions and notices under which the Web Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued used of the Web Site constitutes your agreement to all such terms, conditions and notices.
LINKS TO THIRD PARTY SITES
The Web Site may contain links to third party web sites (the “Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Accordingly, access to any Linked Sites is at your own risk.
We prohibit caching unauthorized hypertext links to the Web Site and the framing of any content available through the Web Site. We reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the content available on any other internet sites linked to the Web Site.
EMAIL CORRESPONDENCE / E-MAIL DISCLAIMER
You consent to our communicating with you by e-mail and agree that the use of e-mail is an adequate means of communication, equivalent to regular mail. E-mail messages are considered to have been received when they enter the information system of the addressee. The e-mail message from which you accessed this disclaimer and any attachments to that e-mail message, are confidential, may be subject to privilege and are intended only for the addressee. Any unauthorized use or disclosure is strictly prohibited. If you have received such communication in error, please notify us immediately and delete the email and any attachments.
The Marcon Group of Companies may correspond under the general name “Marcon” or under the name of a specific Marcon entity. Unless specifically stated, a Marcon entity (including any Marcon entity corresponding under the general name “Marcon”) is not acting as agent of Marcon Developments Ltd. or any other Marcon entity, and does not obligate Marcon Developments Ltd. or any other Marcon entity and is liable only for its own acts or omissions and not those of Marcon Developments Ltd. or any other Marcon entity. Similarly, unless specifically stated, Marcon Developments Ltd. does not act as an agent of any other Marcon entity, does not obligate any other Marcon entity and is liable only for its own acts or omissions.
If e-mail correspondence between you and Marcon pertains to a specific contract between you and a Marcon entity, then you will be deemed to be communicating only with the Marcon entity that is a party to such contract and any commitment expressly made by or advice expressly given in such correspondence will be deemed to be the commitment and/or advice of such Marcon entity only, as a principal and not as agent for any other Marcon entity.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE EACH OF THE MARCON GROUP OF COMPANIES AND ALL THEIR AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, SOLICITORS’ FEES AND COSTS, OR CLAIMS FOR INTEREST, EVEN IF THE MARCON GROUP OF COMPANIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR ACCESS TO (OR INABILITY TO ACCESS) THE WEB SITE OR THE USE OF ANY INFORMATION OR MATERIAL CONTAINED THEREIN, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WEB SITE OR ANY LINKED SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON‑INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT DISCLAIMED.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE NOT RELYING ON ANY INFORMATION OR MATERIAL PRESENTED ON THE WEB SITE TO MAKE ANY INVESTMENT OR PURCHASE DECISION.
WITHOUT DEROGATING FROM OR EXCUSING YOUR OBLIGATIONS UNDER THIS SECTION WE RESERVE THE RIGHT (AT YOUR EXPENSE), BUT ARE NOT UNDER ANY OBLIGATION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO AN INDEMNIFICATION BY YOU EVEN IF YOU CHOOSE TO DEFEND OR SETTLE IT. YOU AGREE NOT TO SETTLE ANY MATTER THAT IS SUBJECT TO AN INDEMNIFICATION BY YOU WITHOUT FIRST OBTAINING OUR EXPRESS APPROVAL.
GOVERNING LAW AND FORUM
WAIVER AND SEVERABILITY
You may not assign any of your rights or obligations hereunder, whether voluntarily or by operation of law except with our prior express written consent, which consent may be withheld in our sole discretion, and any attempted assignment in violation of the foregoing is void. Marcon Developments Ltd. may assign any or all of its rights and obligations hereunder to its affiliates, subsidiaries or a successor in title to the Website or the business and undertaking or any other Marcon entity.