EQUAL HOUSING OPPORTUNITY
All real estate located in the United States of American that is advertised on the Website is subject to the 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. Mattamy also complies with provincial human rights legislation in Canada, as applicable. All persons are hereby informed that all advertised homes and units 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 firstname.lastname@example.org.
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.
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.
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.
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.
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 transferred in Canada or the U.S. and stored in the U.S. 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.
You may also contact our General Counsel at email@example.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.
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" 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.
WAIVER OF RIGHTS AND REMEDIES
ASSIGNMENT AND ENUREMENT
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.
Last Updated October 2020