Your access to and use of any material on this Web site constitutes your acceptance of, and is conditional upon, your acceptance of and compliance with the following provisions. These terms and conditions may change from time to time, and it is your responsibility to check such updates.
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.
You are granted a limited license to display or print the content of this Web site for your own personal use, provided the content is not modified.
Your use of this site shall be entirely at your risk. Tarion Warranty Corporation, their officers, directors, employees or agents thereof, as well as any person associated with the creation and maintenance of this site or its contents, shall not be responsible in any manner for any harm, loss or damages, however caused, arising out of your use of this site, including direct, indirect, special, third party or consequential damages. We will not be responsible for any detrimental reliance that you may place upon the site or its contents.
While Tarion has made reasonable efforts to ensure that the material contained on this Web site is accurate and to shield this site from viruses, we do not warranty or guarantee: the accuracy, currency or completeness of the materials; that defects will be corrected; or that the Web site and the server(s) that make it available are free from viruses or other harmful components.
No part of the site should be taken to constitute an offer or solicitation to buy or sell products or services.
Sites accessed by hypertext links appearing in this site have been independently developed by others. We do not guarantee the accuracy of any information in these other sites. The listing of an organization on this site should not be interpreted as an endorsement of its services or products by Tarion Warranty Corporation. Your access to the hypertext links and use of their materials is at your own risk.
Tarion Warranty Corporation may utilize third party service providers to provide certain tools and/or programs, some of which may be housed on a third party server or a site which has been independently developed by others. As such, while accessing this site you may be linked to such other third party servers. Access to other sites or use of any third party tools or programs on this site is subject to all the terms and conditions found therein.
Your use of this site is subject to all applicable local and international law.
Certain words, phrases, names, designs or logos used on the site may constitute trade marks, service marks or trade names of Tarion or other entities. The display of any trade marks on the site does not imply that a license has been granted for any further use.
The contents of this site are protected by copyright. Users of this site shall be entitled to copy information for their own non-commercial personal use but may not republish or reproduce any part without the prior written permission of Tarion Warranty Corporation. If you require further information on the uses that you may make of the information on this site or if you wish to obtain a license to reproduce or republish any material on this site, please send such requests by e-mail or contact Tarion Warranty Corporation, ATT: Stakeholder Relations at 5160 Yonge Street, 12th Floor, Toronto, Canada, M2N 6L9 or Contact Us. Any unauthorized downloading, re-transmission, or other copying or modification of Trade-marks or other contents of this Web site may result in appropriate legal action under local and/or international law. Tarion Warranty Corporation disclaims any and all liability which may result from any unauthorized reproduction or use of the information on this site.
Tarion Warranty Corporation will attempt to make this site available for use twenty-four (24) hours per day, seven (7) days per week for authorized users. There will be occasions when the site will be unavailable for use or on which Tarion finds it necessary to shut down the site for a period of time. In most instances, if the site is unavailable or has been shut down, the user will receive a message on screen advising of the site's unavailability. Tarion Warranty Corporation will not be responsible for any damages that the user or any other persons may suffer if the site is unavailable for use.
Tarion Warranty Corporation is committed to respecting the privacy of your personal information in connection with your use of this website. We take great care to keep your personal information confidential and secure. Tarion does not sell or otherwise distribute your e-mail address or any other personal information. However, the Internet is not a totally secure medium of communication. For this reason, we cannot guarantee the privacy of any information you input on this site, send to us, or request be delivered to you on the Internet. Tarion Warranty Corporation will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.
Tarion makes reasonable efforts to ensure that the contents of this Web site are complete and correct. If you discover any omissions or inaccuracies, please Contact Us and we will investigate.
Tarion Warranty Corporation (“Tarion”) owns and operates a separate branch of its website http://www.tarion.com/HomeownerPortal/ (the “Homeowner Portal”), which includes all associated electronic pages that collectively comprise it, including, without limitation, text, image, data, computer software and code, and all materials and tools displayed or made available through the Homeowner Portal (collectively, the “Content”).
The Homeowner Portal provides you as a homeowner with information regarding Tarion’s records relating to your new home and statutory warranty-related activities (the “Warranty Matters”).
You may wish to use the Homeowner Portal to access information concerning Warranty Matters (the “Service”).
By using and/or accessing the Homeowner Portal, you are agreeing to comply with, and be bound by, the following terms and conditions (the “Agreement”). Please review the following Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use the Homeowner Portal and/or the Service in any manner or form, whatsoever.
By clicking “I Agree”, this Agreement has been duly executed and delivered by you and is a valid and binding obligation enforceable against you in accordance with its terms.
The Service. The Service allows you to, among other things,
• create and submit warranty claim forms• view important upcoming dates• view a selection of activities performed by Tarion on your file• view forms you have submitted• view a selection of correspondence from Tarion.
The Homeowner Portal is made available to you only for your own personal, non-commercial use.
MyHome. To use the Service, you must first register and supply certain registration data that may include, but is not limited to, user ID password, your date of possession, your home enrolment number, telephone number, e-mail address and mailing address (“Registration Data”). You agree to provide true and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. You agree and certify that you are the owner of the home for which you register.
MyHome for Common Elements. To use this Service, you must first register and supply certain registration data that may include, but is not limited to, user ID password, the Condomonium Corporation's Registration date, which is also the Warranty Start Date for the Common Elements; the Common Elements enrolment number, telephone number, e-mail address and mailing address ("Registration Data"). You agree to provide true and complete Registration Data and to update your Registration Data as necessary to maintain it in an up to date and accurate fashion. For MyHome use for Condominium Corporations, a Designate must be appointed by the Board and forms submitted to Tarion signed and sealed. You agree and certify that you are the Designate appointed by the Condominium Corporation for which you register.
Limited Licence. Subject to the terms and conditions of the Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Homeowner Portal and the Content in relation to your Warranty Matters. You are granted the right to download, store and/or print copies of items comprising the Content for use in connection with your Warranty Matters, subject to the copyright provision below. In the event of a conflict between the terms of a licence governing specific Content and the Agreement, the terms of the specific licence shall govern.
Portal Security - MyHome. You will be assigned a separate user ID and password by Tarion. The user ID and password shall only be valid while you are the owner of the home for which you register.
Portal Security - MyHome for Common Elements. You will be assigned a separate user ID and password by Tarion. The user ID and password shall only be valid while you are the Designate appointed by the Board of Directors for the Condominium Corporation for which you register.
You agree to observe all security features on the Homeowner Portal and not disable or bypass any security mechanisms. You agree that you will comply with the password selection guidelines that Tarion may issue from time to time.
You will maintain the confidentiality of your user ID and password. You agree to notify the designated Tarion representative (at http://www.tarion.com/HomeownerPortal) immediately of any unauthorized use of any assigned user ID or password or any other breach of security. Tarion will not be liable for any loss or damage arising from your failure to protect your user ID and/or password or any other breach of security.
Unauthorized attempts to defeat or circumvent security features, to use the Homeowner Portal or any other Tarion system for other than intended purposes, to obtain, alter, damage, or destroy information, or otherwise to interfere with the system or its operation are not permitted and may result in a loss of access to the Homeowner Portal. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of Canada or such other jurisdictions as may apply.
You acknowledge that Tarion may, in its sole discretion, monitor, review and use all evidence of your use of the Homeowner Portal, together with information relating to such use, such as identification of sources and recipients of information, usage frequency and content of transmissions.
Authentication. You agree that, by accessing the Homeowner Portal using your user ID and password, Tarion may use the user ID and password as the means to authenticate your identity for the purpose of using the Homeowner Portal. Tarion is under no obligation to confirm the actual identity or authority of any party accessing and using the Homeowner Portal under your user ID and password.
Modification to Homeowner Portal. Tarion reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Homeowner Portal (or any part thereof) with or without written notice. You agree that Tarion will not be liable to you or any third party for any modifications, suspension or discontinuance of the Homeowner Portal or any part thereof.
Portal Maintenance. You acknowledge that the Homeowner Portal and any part thereof may be periodically unavailable in order to allow for maintenance.
Copyright. The Content provided through the Homeowner Portal 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 Homeowner Portal or the Content, including modification, production, reproduction, transmission, publication, distribution, republication, or other exploitation of the Homeowner Portal or of its 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 Homeowner Portal 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 Homeowner Portal 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. TARION ATTEMPTS TO PROVIDE CONTENT THAT IS CORRECT, ACCURATE, CURRENT AND TIMELY. TARION CANNOT, HOWEVER, AND DOES NOT REPRESENT, WARRANT OR COVENANT THAT (I) THE CONTENT AVAILABLE THROUGH THE HOMEOWNER PORTAL WILL ALWAYS BE ACCURATE, COMPLETE, CURRENT, OR TIMELY; (II) THE OPERATION OF, OR YOUR ACCESS TO, THE HOMEOWNER PORTAL WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE; AND/OR (III) DEFECTS OR ERRORS IN THE HOMEOWNER PORTAL OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED. IF THERE IS ANY INCONSISTENCY BETWEEN THE ONTARIO NEW HOME WARRANTIES PLAN ACT AND THE CONTENT AND/OR THE SERVICE ON THE HOMEOWNER PORTAL, THE ACT SUPERSEDES THE PORTAL.
THE HOMEOWNER PORTAL, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE HOMEOWNER PORTAL, THE SERVICE AND/OR THE CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TARION HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE HOMEOWNER PORTAL, THE SERVICE AND/OR THE CONTENT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TARION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TARION AND YOU. THE HOMEOWNER PORTAL, THE SERVICE AND THE CONTENT WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TARION THROUGH THE HOMEOWNER PORTAL AND/OR THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY AND/OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES AND/OR WORMS CONTAINED WITHIN ANY DOWNLOAD TITLE, PREVIEW TITLE AND/OR DIGITAL FILE AVAILABLE AT THE HOMEOWNER PORTAL AND/OR THROUGH THE SERVICE IS EXPRESSLY DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY DOWNLOADS OBTAINED OR OTHERWISE ACCESSED THROUGH THE USE OF THE HOMEOWNER PORTAL AND/OR THE SERVICE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING OF ANY SUCH MATERIAL. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE DOWNLOAD.
UNDER NO CIRCUMSTANCES SHALL ANY TARION ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE HOMEOWNER PORTAL AND/OR THE DOWNLOAD. TARION SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE HOMEOWNER PORTAL AND/OR THE SERVICE.
Limitation of Liability. In no event shall Tarion, its directors, officers, employees, agents, suppliers, or their respective successors and assigns, be liable for any direct, special, indirect, punitive, incidental or consequential or other damages or other amounts incurred in connection with or arising from your attempts to use, misuse or rely upon the Homeowner Portal; your actual use, misuse or reliance upon the Homeowner Portal; your inability to use the Homeowner Portal; or the use or misuse of your information technology arising from your attempts to use or your actual use of the Homeowner Portal, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise.
You acknowledge and agree that your access to and use of the Homeowner Portal and the Content is entirely at your own risk.
Indemnification. 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 the Homeowner Portal and the Content, any violation of this Agreement or any violation of a third party’s rights.
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.
Termination. You may terminate your use of the Homeowner Portal by contacting the designated Tarion representative (at http://www.tarion.com/HomeownerPortal) and requesting that your registration be cancelled. Tarion may, in its sole discretion, terminate or suspend your right to use the Homeowner Portal, or any part of the Homeowner Portal, at any time without notice, including, without limitation, for breach of the terms and conditions of the Agreement. In the event of termination or suspension, you are no longer authorized to access, view or use the Homeowner Portal, or the part of the Homeowner Portal affected by such termination or suspension. The restrictions imposed on you with respect to information or materials viewed and/or downloaded from the Homeowner Portal and the disclaimers and the limitations of liabilities set forth in the Agreement shall survive termination or suspension of this Agreement for any reason. Tarion shall not be liable to you or any other party for such termination or suspension.
Governing law and jurisdiction. The Homeowner Portal is operated by Tarion within the Province of Ontario, Canada. You agree that all matters relating to the access or use of the Homeowner Portal 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 Homeowner Portal and the Content by you, as well as any dispute that may arise from such access and use.
Other Restrictions. The Homeowner Portal, the Service and/or the Content is available only to individuals who can enter into legally binding contracts under applicable law.