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MATTAMY WEBSITE TERMS OF USE
WELCOME

The Mattamy Corporation ("Mattamy", "we", "us", "our") welcomes you to its website located at www.mattamyhomes.com (the "Website"). Please read the following Website terms of use ("Terms of Use") before using the Website. By accessing and using the Website, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

EQUAL HOUSING OPPORTUNITY

All real estate advertised on the Website is subject to the Federal Fair Housing Act in the United States of America, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” We will not knowingly accept any advertising for real estate which is in violation of any applicable law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by Mattamy and its affiliates. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the "look and feel" of the Website (collectively, the "Content") contained in this Website are proprietary to Mattamy, its affiliates and/or third-party licensors. Any and all goodwill attaching to any Content accrues to the benefit of Mattamy. The Content is protected by Canadian, United States and international copyright and trademark laws, and all other applicable intellectual property laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, reverse engineer, create derivative works from, transfer or sell any Content without the express prior written consent of Mattamy. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale, any commercial use, or distribution is strictly prohibited except with the prior written permission of Mattamy. To obtain written consent for such reproduction, please contact us at privacy@mattamycorp.com.

MATERIALS YOU SUBMIT

You hereby acknowledge that you are responsible for any material you may submit via the Website (such as through a discussion board or other public forum), including the legality, reliability, appropriateness, originality and copyright of any such material.  Without limiting the foregoing, you may not upload to, distribute or otherwise publish through the Website any content that: (i) is confidential, proprietary, false (or places a person in a false light), fraudulent, libelous, defamatory, obscene, harassing,  threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, obscene or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law; or (iii) may contain malware, software viruses, political campaigning, chain letters, mass mailings, or any form of "spam" or commercial electronic communications.  You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  You may not upload commercial content onto the Website, harvest or otherwise collect, store or use any information (including email addresses) about other users of the Website, or alter transmission data.

With regard to any and all material that you submit on the Website, and unless we indicate otherwise, you hereby grant Mattamy and/or its relevant contract party, as appropriate, an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Mattamy and/or its relevant contracting party, as appropriate, is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to us. You hereby grant us, and hereby confirm that you have the right to grant us, the right to use the name you submit in connection with such material, and you hereby waive any and all moral rights that you may have in and to such material with respect to the uses contemplated herein. You hereby represent and warrant that you own or otherwise control all the rights to the content you post, that the content is accurate, that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity, and that you will indemnify us and our affiliates for all claims and losses resulting from content you supply.

Any other information you submit on or through the website will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly.

REGISTRATION AND PASSWORDS

We maintain safeguards intended to protect the integrity and security of the Site. However, we cannot guarantee that the website will be secure, complete or correct, or that access to the website will remain uninterrupted.

To access certain portions of the Website, including your account, you may be asked to complete an online registration form. In consideration of your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration, you may be asked to choose a username and password. You are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You shall immediately notify Mattamy of any unauthorized use of your password or username or any other breach of security.

LINKING

It is our goal to provide increased value to visitors to the Website. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Mattamy and that Mattamy has no control over the content of such websites. We are not responsible for the availability, accuracy, or security of such websites. Consequently, Mattamy cannot be held liable for, and makes no warranty or representation whatsoever as to, the accuracy, timeliness and/or completeness of the information contained on such websites. You hereby confirm that you will not take, or cause any third party to take, any action against Mattamy or any of its affiliates regarding any losses (actual or potential) that you may suffer as a result of accessing any such other sites through the Website.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

DISCLAIMER / LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur, and we cannot guarantee it is accurate and complete at all times.

ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MATTAMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MATTAMY DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL MATTAMY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT OR SERVICES, EVEN IF MATTAMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF ANY CONTENT.

INDEMNITY

As a condition of your use of the Website, you hereby warrant to Mattamy that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

You agree to indemnify and hold harmless Mattamy, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use.  If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you shall be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption.  Mattamy reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Mattamy in the defense of such matter.

DISPUTE RESOLUTION TERMS FOR U.S. VISITORS (PLEASE READ CAREFULLY)

This section only applies to visitors of the Website who are domiciled or reside in the United States of America, or who access the Website from the United States of America (including any and all territories thereof).

Any disputes, claims, and causes of action arising out of or connected with your use of the Site (each, a “Dispute”)  must be submitted exclusively to the American Arbitration Association (AAA) to be heard under their Consumer Arbitration Rules.  If for any reason,  AAA is unable or unwilling to conduct the arbitration consistent with these terms, you and we will pick another arbitrator pursuant to 9 U.S. Code § 5.     

You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration.  The parties intend to be bound to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.  An arbitration means there will be no jury, and no judge.

The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms.  The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration.  The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action.  The arbitrator shall not have any power to issue relief to anyone but You or us.

Disputes that can be fully resolved in small claims court need not be submitted to arbitration.  

These Terms and your use of the Site are governed by the laws of the State of Florida, U.S.A., without regard to its choice of law provisions.  However, any determination as to whether a Dispute is subject to arbitration, or as to the conduct of the arbitration, shall be governed exclusively by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

For all non-U.S. visitors, see the Applicable Laws section below.

CLASS ACTION WAIVER

THIS SECTION APPLIES TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, ALL PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT OR OTHERWISE, SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND NO DISPUTE SHALL BE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING SHALL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MATTAMY AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

PRIVACY

Please review our Privacy Policy for information on the manner in which we collect, use, disclose and otherwise manage your personal information. By using the Website, you consent to the collection, use and disclosure of the personal information that is collected by or through the Website, as described in such Privacy Policy. In particular, without limitation:

  • When you register for access to certain information, products and services on our Website, we may collect your name, email address, city, mailing address and telephone number for the purposes of responding to your enquiries and providing you with information and services that you have requested or signed-up to receive.
  • If you visit the career section of the Website, we may also collect information you provide on applications and associated documents (e.g., resume, cover letter), for the purposes of assessing, processing and responding to your application for current or future employment opportunities.
  • If you use a social media plug-in or application, we may have access to certain information associated with your social media account (e.g., name, username, email address, profile picture, gender), which we use to deliver the content or as part of the operation of the Website, plug-in or application, and also to personalize your experience on the Website.
  • If you allow Mattamy to repost content that you have published online, in social media or otherwise, Mattamy’s User Generated Content Terms and Conditions will apply.
  • Cookies and other technologies are used by the Website to collect usage and device information (including IP addresses), for the purposes of enhancing user experience, analyzing Website performance and traffic, and for behavioral advertising purposes.
  • We may share the information described above with our affiliates for marketing purposes, and our service providers for the purposes of providing maintenance and other services related to the Website (including hosting our job application form). We may also share the information collected via cookies and other online tracking technologies with our social media, marketing and analytics business partners.  We may also disclose your information as required or permitted by applicable law, including in the event of a business transaction or legal/regulatory requirement.
  • Although we have implemented reasonable administrative, technical and physical measures in an effort to safeguard personal information, the transmission of information via the internet is not completely secure. Accordingly, we cannot guarantee that personal information you transmit using our Website  will be totally secure. 
  • Personal information collected via the Website may be maintained and processed by us, our affiliates and other third-party service providers in Canada, the U.S. or other jurisdictions. Personal information that is transferred outside the country where you are located will be subject to the laws of the recipient jurisdiction(s) and may be disclosed to or accessed by foreign courts (or related parties), law enforcement and governmental authorities in accordance with those laws.

To learn more about our collection, use and disclosure of personal information collected on or through the Website, including our practices regarding behavioral advertising and how to opt-out, read our Privacy Policy here.

You may also contact our General Counsel at Privacy@mattamycorp.com in order to ask questions about the collection of your personal information, exercise your rights of access and rectification (subject to certain required and permitted exceptions pursuant to applicable law), and if you are located in Canada to obtain written information about our policies and practices with respect to service providers (including affiliates) outside Canada or ask questions about the collection, use, disclosure or storage of personal information by such service providers and affiliates outside Canada.

CONTESTS

From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.

CHANGES AND TERMINATION

Mattamy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Mattamy reserves the right to change these Terms of Use at any time, to notify you by posting a notification on the Website advising that an update to the Terms of Use has been made, and to make the updated Terms of Use readily accessible on the Website. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from Mattamy to you for so being bound.  Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

TRADEMARKS

"Mattamy" is a trademark of Mattamy Homes. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Mattamy or its affiliates. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

INFRINGEMENT NOTICE (UNITED STATES)

You are hereby informed that Mattamy has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Mattamy’s system or network who are repeat copyright infringers.  If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify:  Mattamy’s General Counsel at 66 Wellington St. W. Suite 5500, Toronto  ON  M5K1G8.

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Mattamy is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Website, including material you provide to us, and so we have an absolute right to remove any material from the Website in our sole discretion at any time.

APPLICABLE LAWS

For any matters arising in Canada, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. 

For any matters arising in the United States of America, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Florida and of the laws of the United States of America applicable therein. To the extent that a matter arising in the United States of America is submitted to a court of competent jurisdiction, such court of competent jurisdiction shall be in the circuit  court of Orange County, Florida. 

If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. 

These Terms of Use and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Mattamy with respect to the use of the Website, including the Content.

WAIVER OF RIGHTS AND REMEDIES

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of these Terms of Use. Our rights, powers and remedies in these Terms of Use, including without limitation the right to suspend, restrict or terminate your access to any portion of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.

ASSIGNMENT AND ENUREMENT

We may at any time assign our rights and obligations under these Terms of Use, in whole or in part, without notice to you. You may not assign these Terms of Use without our prior, written consent. These Terms of Use will enure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.

RELATIONSHIP

No joint venture, partnership, employment or agency relationship exists between us and you as a result of these Terms of Use or your use of the Website.

LANGUAGE

The parties have requested and agree that this agreement and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the services offered by the Website, by posting notices or links to such notices on the Website itself.

CONTACT

If you have any questions or comments regarding these Terms of Use please contact us at privacy@mattamycorp.com.

Last Updated October 2020

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