These Terms of Use apply to the Boardwalk website located at www.bwalk.com, and all associated Boardwalk website pages (the “Website”). By accessing, viewing or otherwise making use of the Website, whether as an individual, through an automated means, or any other manner, you agree to be bound by all the following Terms of Use (the “Terms”). Accessing the website constitutes acceptance of the Terms in addition to Boardwalk’s Privacy Policy. Access to the Website is offered by Boardwalk on the understanding that acceptance creates assent to the contractual and binding nature of these terms. If you do not agree to be bound by the Terms and Privacy Policy, you may not access the Website in any manner. Boardwalk reserves the right to modify these Terms without notice at any time. We suggest that you become familiar with these terms and periodically check them for updates. Continued access following any change to the Terms will constitute acceptance to the modified Terms. Boardwalk is not required to provide any form of advance notice as to Term changes.
The Website is solely for personal use, and may not be used for commercial purposes, or by commercial entities unless otherwise permitted in writing by the Boardwalk legal team (“Boardwalk Legal”), or as permitted by these Terms.
TRADEMARK & COPYRIGHT
All materials on the Website, including, but not limited to, text, data, graphics, design, sound files, colour scheme, images, logos, video files, attachments, downloads, or other materials (the “Content”) are the copyrighted or trademarked materials of Boardwalk, our affiliates, or are licensed from third parties. The Content is protected and subject to copyright law, trademark law, international conventions and other intellectual property laws, and therefore unauthorized copying, dissemination, reproduction, transmission, and/or distribution of the Website and/or its content is strictly prohibited. You may not modify or use the Website in any manner that is inconsistent with these protections without written permission of Boardwalk Legal, or as authorized by these Terms. You may neither remove any copyright, trademark or other proprietary notices from any copy of, nor modify, the Content. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any Content, through the use of framing or otherwise, except as expressly permitted by these Terms; or with prior written consent of Boardwalk Legal. You shall not attempt to override, circumvent or otherwise make inapplicable any of the usage rules or restrictions on the Website.
Boardwalk reserves the right to take such steps as we deem necessary, including without limitation legal action, to restrain unauthorized activity. Cost of such an action will be the responsibility of the Website user who has breached the contractual Terms.
Use of the Site
This site is for use by prospective Residents, current Residents, investors, Boardwalk contractors, potential commercial partners, commercial partners, employees and potential employees, and affiliates of these categories (collectively, “Users”). The Website should be used for non-commercial purposes, the exception being commercial entities contemplated within these Terms. Those permitted to use this Website may print, copy, send links to, or save elements of the Website for personal use or internal business use. Regardless of any permission arising from these Terms, use of the Website must be done in a manner that is consistent with the objectives of the Website, and that is not detrimental to Boardwalk. The objectives of the Website include providing information to assist Users in their decisions to live with us, as well as do business or invest with Boardwalk. Beyond the stated exceptions contained in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, sell or otherwise profit, or use information from the Website without prior written authorization from Boardwalk Legal, or in accordance with these Terms.
Boardwalk is pleased to partner with members of our communities and a wide range of strategic business partners. Third parties may link to the Website if done in a manner that a reasonable person would see as beneficial to Boardwalk, and in a manner that is consistent with our values. Indexing or framing of our listing may be permitted in certain circumstances. The indexer must be independent from any of Boardwalk’s competitors and must serve the general purpose of providing consumers with information. The Website may not be indexed, framed or otherwise exploited by a company or entity that directly profits from the posting of our listings, or otherwise directly profits from our clientele. Boardwalk retains the right to demand the immediate discontinuance of any such activity. We suggest that prior to commencing such activities, you receive permission from Boardwalk Legal.
Boardwalk encourages hyperlinking to the Website. However, Boardwalk reserves the right to demand the immediate removal of any listing, link to our Website, or other integration of our content on a third-party website. You herby agree to comply with any removal request issued by Boardwalk. Boardwalk is not required to provide an explanation for such a request. Additionally, a request shall not be governed by a reasonableness standard. Boardwalk will not be responsible for any costs, damages, or liability resulting from compliance with such a request.
Use of the Boardwalk Website, or content from the Website, to compete with or otherwise act in a manner that harms Boardwalk’s reputations is strictly prohibited.
Nothing contained within the Website should be construed in a manner that would suggest that Website users have any rights over the Content. In certain circumstances, Boardwalk simply allows its materials or Content to be integrated into that of a third party. Additionally, Users must always comply with our robot exclusion clauses.
By accessing this site you agree not to upload or otherwise transmit through the Website: (1) any unlawful, harassing, false, misleading, libellous, abusive, profane, threatening, harmful, vulgar, obscene, sexually explicit, pornographic or otherwise objectionable material of any kind or nature; (2) any material that infringes on any rights of third parties; or (3) any material that contains any virus or other harmful code that may change or disrupt the Website or any other user’s equipment or software. You further agree not to: (i) gain or attempt to gain unauthorized access to the Website, or computer systems or networks via the Website, through hacking, password or data mining, or any other means to circumvent security procedures; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or any of the Boardwalk services or offerings, or interfere with any other party’s use and enjoyment of the Website; (iii) access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser; (iv) use any robot, spider or other automatic device, software program or manual process to monitor, copy, “scrape” or interfere with any web pages or the content contained thereon on the Website, unless as permitted in writing by Boardwalk Legal, or as otherwise permitted within these terms and conditions; (v) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; and/or (vi) use the Website to execute denial of service attacks.
ACCURACY OF INFORMATION
In the event of a discrepancy or a conflict between the information provided on www.bwalk.com and a printed, electronic or cached copy, or information posted on a third-party website, the information on www.bwalk.com shall prevail. The information in a lease will prevail over any information provided in any other format.
The Website is provided for general information only. Although Boardwalk makes every effort to ensure that all the information on the site is accurate and up to date, Boardwalk does not guarantee the accuracy of information provided on the Website. Boardwalk is in no way legally liable to honour mistaken prices, offers or incentives on the Website. The information provided on the Website, including Content relating to rental rates, and/or incentives does not necessarily apply in all cases and is subject to change by Boardwalk without notice to, or permission from, Users. Additionally, vacancy rates and features of suites should be confirmed prior to committing to a suite. Any differences between information posted on the Website, and a lease will be resolved in favour of the lease. Representations, information and warranties on the Website do not make up elements of an individual lease. The information provided on this website as it relates to the rental of an apartment is subject in its entirety to the terms of the lease governing any tenancy entered between Boardwalk and its Residents/commercial lessees (each, a “Lease”). Any inconsistency between the information contained on this Website and in a Lease shall be resolved, in all cases, in favour of the terms of the Lease. Representations made on the Website do not constitute terms of the Lease, rather they are posted for informational purposes. Furthermore, representations on this Website will not form a collateral contract to the Lease contract.
Content, including photos and floor plans, are not warranted to be from authentic sources and shall not form part of any future contract. Information is subject to change, it is here simply for informational purposes, though Boardwalk does use its best efforts to ensure it is accurate. For answers to specific suite questions, your Lease and any regulations of your Lease will govern all entitlements.
As previously stated, information on the Website is provided for information purposes only and is not intended to provide advice, be it legal, financial or other advice. You should not act or rely on any information contained on this Website without verifying its accuracy through other sources and consulting a professional advisor where required.
External links and references on the Website.
Any reference to any third-party commercial product or service on the Website does not constitute or imply endorsement or recommendation by Boardwalk unless expressly stated. This includes links, picture or text “linked entities” referring or showing a third-party product or service. Any such reference is simply provided for informational purposes and ease of access. These references should not be construed to mean that Boardwalk is affiliated with, or is in any way responsible for actions of, these third parties; exercises any form of control over these third parties; or that we provide warranty for their service(s). Boardwalk makes no representation as to these third parties, and any decision made based on the linked entities should be done at your own discretion.
Additionally, Boardwalk is not in control of the content on third party sites, and any views or statements made or held by these websites or their entities are not those of Boardwalk. Boardwalk will not be held responsible for any form of loss or damage arising due to an individual or commercial entity’s reliance on, or relationship with, one of these linked entities.
Privacy
Any correspondence or communication between you and Boardwalk, including submission, information forms and messaging services, through our website or emails will be treated in accordance with the Boardwalk Privacy Policy and applicable privacy laws. By communicating through these means, you authorize and consent to Boardwalk utilizing, disclosing or documenting the information submitted. Boardwalk strives to protect the information of our Website users, but transmissions over the internet are not always safe, and in no way will Boardwalk be responsible for breach, interception, loss, or other interception of information.
Boardwalk encourages its Residents, community and partners to submit suggestions and ideas for improving or modifying the operations of our Website and communities’ “Feedback”. However, any feedback, irrespective of the manner submitted, will be deemed to be non-confidential and non-proprietary. Boardwalk will not be subject to any confidentiality obligation for this feedback. Additionally, by submitting feedback, you warrant that the information or ideas disclosed are not subject to any confidentiality obligation or proprietary restrictions. By providing this feedback, you consent that the feedback may be freely used by Boardwalk. You irrevocably assign to us the right to license, distribute, and otherwise commercialize the Feedback without limitation. Any ideas, suggestions, or other submissions to Boardwalk grants Boardwalk an indefinite license to use these ideas, with no compensation or credit from Boardwalk (including from any and all of our affiliates, successors and assigns) and to reproduce and publicize the feedback. By submitting any idea, you agree to waive any right or entitlement to receive any compensation or re-imbursement of any kind from us or our affiliates, successors or assigns in respect of our use of the feedback. To the extent permitted by law, you further irrevocably waive any moral or other unassignable rights in your feedback in favour of us and our affiliates, successors or assigns. This provision shall survive the termination of your right to use the Website.
Limitations on Liability & Indemnity
In accordance with your acceptance of these Terms, you agree to hold Boardwalk, its shareholders, officers, directors, employees, agents subsidiaries, affiliates, partners, and suppliers (collectively, “Parties”) harmless from any loss, damage, harm or other misfeasance in relation to the “use” of the Website. This includes special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused. The stated Parties shall not be liable under any theory of liability (whether in contract, tort (including, but not limited to, negligence), civil liability, strict liability or any other theory of law or equity). Use shall include the use of, or inability to use, this Website; your use of or reliance on any information contained on this Website (including, but not limited to, omission or inaccuracy); and misuse of the Website. The Website is provided on an “as is” basis and is not warranted to be without interruption or inaccuracy. Boardwalk is not responsible for any theft or destruction, or virus linked to your access of the Website. Boardwalk additionally will not be responsible for any acts or omissions of third parties in their usage of the Website.
If limitations on liability are unenforceable in your area, total liability where possible will be limited to $10. If this is not permitted within your jurisdiction, liability will be limited to the minimum extent permitted by law.
You shall indemnify and hold us and our subsidiaries, affiliates, licensees, and, in turn, our and their directors, officers, agents, advisors and employees, harmless from all claims, threats, actions, proceedings, demands, damages, losses, obligations, costs, and expenses, including reasonable legal fees, made by you and any third party due to or arising out of your use of the Website, any violation by you of these Terms, or any violation by you of any rights of another (including, without limitation, all intellectual property rights and rights of publicity, personality or privacy).
You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by us of your use of, or access to, the Website. If you are dissatisfied with any portion of the Website, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Website.
Dispute resolution
This Website is intended for access and use in Canada. Those who choose to access and use the Website from outside Canada do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and User shall comply with all local rules regarding online conduct and submission of acceptable materials.
By accepting these Terms, you accept that any dispute arising from the use of this Website and that, to the extent permitted by law, these Terms, are governed and interpreted pursuant to the laws of the Province of Alberta, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you agree to submit to the exclusive jurisdiction of the courts located within the Province of Alberta, Canada and within the City of Calgary
General
Failure to enforce any Term or condition is not a waiver of such a provision.
You may not assign or transfer your rights or obligations hereunder without the written consent of Boardwalk Legal. Consent will be at the sole, absolute and unfettered discretion of Boardwalk, and will not be subject to any reasonableness standard. Boardwalk may assign these Terms, in whole or in part, and at any time, without notice to, or permission from, you.
You represent and warrant that: you are an individual and over the age of majority in the jurisdiction in which you are Resident; that you are using the Website in a jurisdiction where access and use of the Website is legal; and that you are fully able and competent to enter into, and abide by, these Terms.
If any provision of these terms is invalid or unenforceable, the reset of the contract Terms and conditions will remain in full force.
Subject to anything herein to the contrary, the Terms and Privacy Policy constitute the complete agreement.
Forward Looking Statements
Certain information included on the Website contains forward-looking statements, within the meaning of applicable securities laws about Boardwalk (“Boardwalk Real Estate Investment Trust “, “Boardwalk REIT”, “Boardwalk” or the “Trust”). These statements are contained within the Website content, including but not limited to downloadable financial documents, materials in the “Investors” section as well as other statements concerning Boardwalk’s objectives, its strategies to achieve those objectives, as well as statements with respect to management’s beliefs, plans, estimates, and intentions, and similar statements concerning anticipated future events, results, circumstances, performance or expectations that are not historical facts. Forward-looking statements generally can be identified by the use of forward-looking terminology such as “outlook”, “objective”, “may”, “will”, “expect”, “intend”, “estimate”, “anticipate”, “believe”, “should”, “plan”, “continue”, or similar expressions suggesting future outcomes or events. Such forward-looking statements reflect management’s current beliefs and are based on information currently available to management. All forward-looking statements on the Website are qualified by these cautionary statements. These statements are not guarantees of future events or performance and, by their nature, are based on Boardwalk’s estimates and assumptions, which are subject to risks and uncertainties, which could cause events or results to differ materially from the forward-looking statements contained on the Website.
Notwithstanding anything in these Terms, financial documents including but not limited to the Annual Report, Quarterly Reports, Management Information Circular and A.I.F are subject to any additional forward-looking statements, or disclaimers included within those documents.