access to and use of any materials, services or interactions on this
Website constitute your acceptance of and is conditional upon, your acceptance
use of the site signifies your agreement with these terms and conditions. These terms and conditions may change from
time to time, and it is your responsibility to check such updates.
Use of Website. The information on this site is provided for general information purposes only. It is not intended to provide legal, financial or other professional advice and should not be relied upon in that respect. No lawyer-client, advisory, fiduciary or other relationship is created by your accessing or using this Web site or by communicating with anyone at Tarion by way of e-mail or through this Web site. You should not act or rely on any information on the site without first seeking the advice of a professional. Access to the site is provided on an "as is" basis.
No part of the site should be taken to constitute an offer or solicitation to buy or sell products or services.
Limited Licence. You are granted a limited licence to display or print the content of this Web site for your own personal use, provided the content is not modified.
Copyright. The content provided through the site is protected by copyright and other intellectual property laws and is owned by Tarion and its licensors, or, where applicable, the party accredited as the provider of the content. Except as granted in the limited licence herein, any use of the content, including modification, production, reproduction, transmission, publication, distribution, republication, or other exploitation of the content, whether in whole or in part, is prohibited without the express prior written consent of Tarion.
Trade-marks. Certain names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the site may constitute registered or unregistered trade-marks of Tarion or third parties. Where certain trade-marks of third parties may be used by Tarion under licence, the display of third party trade-marks on the site should not be taken to imply any relationship or licence between Tarion and the owner of the trade-mark or to imply that Tarion endorses the wares, services or business of the owner of the said trade-mark.
Third Party Sites. For your convenience, Tarion may provide links to websites that are owned or operated by third parties. Such websites are independent from Tarion and Tarion has no control over the content of such third party websites or the availability of such third party websites or resources. A link to a third party's website does not imply that Tarion endorses the website, approves the contents of the website or guarantees the accuracy or timeliness of such third party information. It is your responsibility to ensure that you review the terms and conditions applicable to such third party website before using it.
Disclaimers – No Warranty. This site and the content is provided "as is" and "as available" without any representation, warranty or condition of any kind, including but not limited to the implied warranties or conditions of merchantable quality, fitness for a particular purpose, non-infringement of third party rights and those arising by statute or otherwise in law or from a course of dealing or usage of trade. The entire risk as to the quality and performance of the site and content is with you. Without limiting the generality of the foregoing, Tarion does not warrant that: (a) the site and content will be accurate, complete or up-to-date; (b) defects or errors in the site and content will be corrected; (c) there will be no modification, disclosure or destruction of, or unauthorized access to, the site and content; (d) the operation of the site and content will be timely, uninterrupted or error-free. Among other matters, the site or any part thereof may be periodically unavailable to allow for maintenance.
Indemnity. You shall defend, indemnify and hold Tarion, its affiliates, directors, officers, employees, agents and licensors harmless from any and all liabilities, costs and expenses related to any violation of this agreement in connection with any use by you of this site and the content, any violation of this agreement or any violation of a third party's rights.
No Liability. In no event shall Tarion be liable, whether in contract (including fundamental breach and breach of a fundamental term), tort (including negligence) or otherwise, for damages (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue or failure to realize expected savings) or any other remedy relating to this Use Agreement, MyHome , any User Submissions or any Third Party Service Provider Agreement.
Waiver. Any consent by Tarion to, or waiver of, a breach of the agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach.
Severability. The invalidity or unenforceability of any provision of the agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained in this agreement and any such invalid provision or covenant shall be deemed severable from the rest of the agreement.
Governing law and jurisdiction. This site is operated by Tarion within the Province of Ontario, Canada. You agree that all matters relating to the access or use of the site and the content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable thereto, without regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of the courts of the Province of Ontario with respect to all matters relating to the access and use of the site and the content by you, as well as any dispute that may arise from such access and use.
Other Restrictions. The site and/or the content is available only to individuals who can enter into legally binding contracts under applicable law.