Terms of Use
 

Please review the following Terms of Use that govern your use of the www.alabasterhomes.ca website (the “Website”). Access to the Website is offered to you by Alabaster on the condition that you accept without modification the terms, conditions and disclaimers contained herein and in the Privacy Policy (www.alabasterhomes.ca/privacy). Your use of the Website constitutes your agreement to all such Terms of Use and your consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy (www.alabasterhomes.ca/privacy).

For the purposes of these Terms of Use, “Alabaster” shall mean Alabaster Developments Ltd., the owner of the URL and content of Alabasterhomes.ca, and any other person, company or partnership owned by, affiliated with or otherwise related to such companies and persons and any entity within the Alabaster Group.

Changes and updates

Alabaster may with or without giving notice, modify these Terms of Use at any time. You must regularly review these Terms of Use. Your continued used of the Website following any modification to the Terms of Use constitutes your agreement to such modified Terms of Use.

Relationship

The information provided on this Website is for information purposes only. The use of this Website does not create a client or other advisory relationship between you and Alabaster. Alabaster is not providing real estate advice or investment advice to you. Potential purchasers should seek professional advice or legal advice and complete their own independent investigations prior to any purchase.

Intellectual Property

The material and information on the Web site, including without limitation, all text, designs, images, photographs and other information, are protected under Canadian and other copyright laws. All material within the Website is the property of Alabaster Developments Ltd. and/or its affiliates, licensors, suppliers, representatives or agents. Alabaster grants you a limited license to display or print the Website content for your own personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell these materials in any form or manner without the express written permission of the owner(s) of the material. Alabaster does not warrant or represent that your use of materials displayed on, or obtained through, the Website will not infringe the rights of third parties.

Use and accuracy of information

The Website is provided for general information only. Although Alabaster endeavours to ensure that all the information on the Website is correct, Alabaster neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained therein. Information contained in the Website, including information relating to construction methods, pricing and availability, does not necessarily apply in all cases and is subject to change at any time. It is your responsibility to independently verify information that you may obtain from this website. The material and information on the Website is not provided for the purpose of professional or legal advice. No information or material on the Website is to be considered to be an offer to sell.

Each of “ALABASTER”, the Alabaster Homes logo, are trade-marks of Alabaster Developments Ltd. and/or its affiliates. All other trade-marks are trade-marks or registered trade-marks of their respective owners and may not be used without their prior written consent. Nothing in these Terms of Use grants you any right to use any trade-mark, logo, and/or trade name of Alabaster or its licensors, suppliers, representatives or agents.

Links to Third Party Websites

The Website may contain links to other websites or resources. We neither control nor endorse such other websites, unless specifically stated, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Warranty Disclaimer

The Website and its content are provided on an “as is” and “as available” basis. You expressly agree that, subject to applicable law, the use of the Website and/or its content is at your sole risk. Alabaster expressly disclaims any representation or warranty that the Website will be free from errors, viruses or other harmful components, that communications to or from the Website will be secure and not intercepted, that the services and other capabilities offered from the Website will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. Alabaster, its affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, merchantable quality and fitness for a particular purpose. You assume total responsibility and risk for your use of the Website and your reliance thereon.

Personal Information

To the extent any personal information is collected, used or disclosed by Alabaster through the Website, such collection and use of personal information is subject to the Privacy Policy available by clicking on the following link: www.alabasterhomes.ca/privacy. By agreeing to these Terms of Use, you consent to the collection, use and disclosure of personal information as set forth in the Privacy Policy.

Liability Disclaimer

Without limiting the foregoing, Alabaster expressly excludes (and you hereby release Alabaster from) any liability for any of the following: (a) fraud by any user of the Website or third party; (b) any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Website; (c) any failure by Alabaster to ensure that it does not breach any copyright or other intellectual property right of any third party; (d) any link on the Website to any other website; and (e) loss or damage caused by delay or errors in or the downtime of the Website (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even if Alabaster has been advised of the possibility of such loss or damage; provided that nothing in these Terms of Use is intended to limit or exclude any liability on the part of Alabaster where and to the extent that applicable law prohibits such exclusion or limitation. Alabaster, and its affiliates, licensors, suppliers, advertisers, agents or sponsors, are not responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory arising out of or relating in any way to the Website and/or content of the Website. You agree that your sole remedy for dissatisfaction with the Website (or any content within the Website) is to stop using the Website.

Applicable Law

These Terms of Use are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the federal and provincial courts inVancouver, British Columbia, Canada in relation to disputes arising in connection with these Terms of Use. This provision shall apply to the maximum extent permitted by applicable laws.

General

Alabaster reserves the right to terminate or suspend access to the Website and/or to terminate these Terms of Use at any time without notice and for any reason whatsoever. Alabaster reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be severed from these Terms of Use and the remaining provisions shall remain in full force and effect. The failure of Alabaster to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Alabaster with respect to such breach or any subsequent breaches. You acknowledge that these Terms of Use and all documents related thereto are drafted in English at the express wish of the parties.

Questions regarding these Terms of Use should be directed to the following email address: info@alabasterhomes.ca.