This
The following Terms of Use govern the relationship between you and First Capital Realty Inc.
and its affiliates ("First Capital", "we", "us" or "our") with regard to your use of
www.firstcapitalrealty.ca (the "Site"). Your use of the Site and our services indicates
your consent to the terms and conditions set out in the Terms of Use. We may update the
Terms of Use from time to time and you are responsible for periodically reviewing the most
current version of the Terms of Use. Your continued use of the Site shall be deemed your
conclusive acceptance of the updated Terms of Use.
If you are dissatisfied with the Site or its Content, or you do not agree with the Terms of Use,
your exclusive remedy is to stop all access to, and use of, the Site and Content (as defined below).
INTELLECTUAL PROPERTY
AND CONFIDENTIALITY — You acknowledge that the services provided by the Site and all the software,
material, information and other contents contained on or otherwise accessible through the Site (collectively, the "Content")
as well as all trade-marks and logos are the exclusive and proprietary property of First Capital,
our affiliates or our suppliers. You will not have or acquire any rights or interest in the Site,
any of the Content accessed through the Site or any trade-marks or logos except as specifically
set out in the Terms of Use.
The Site
and the Content are protected by copyright. First Capital, its affiliates and its
suppliers own and retain the copyright in the Site and the Content.
YOUR USE
OF THE SITE — We grant you
a limited non-exclusive, non-transferable license to view, copy and print the
Content on the Site (other than the design or layout of the Site) for your
non-commercial or personal use only, provided that you attribute all Content
that you download from the Site to First Capital or the authors indicated,
and that you keep intact all copyright, trade-mark or other proprietary notices.
By using
the Site, you are representing to us that you have the power and authority to
accept the Terms of Use and that you understand and accept the terms, conditions and
risks relating to the use of the Site. You are also representing to us that you are
capable of assuming, and do assume, such risks and you acknowledge and agree that we
are not acting as an advisor or a fiduciary for you.
You further
acknowledge and agree that: (i) your use of the Site may be restricted or limited as a
result of federal, provincial, state or other applicable laws or regulations, including
the regulations and rules of applicable securities commissions or other regulatory organizations;
and (ii) you will act in accordance with all such restrictions and limitations.
You will
be solely responsible for all costs associated with accessing and using any Content
and/or the Site, including without limitation, telecommunications, modems, Internet access,
third-party software, equipment and any related maintenance, repair or recovery services.
We may, in our sole discretion, restrict, suspend or terminate your access to the Site
or any of the Content, without notice to you.
CONTENT AND LINKS ON THE SITE — The Content
is for informational purposes only. None of the Content contained on the Site is intended to
constitute an offering of securities in any jurisdiction and does not constitute a recommendation
to buy, sell or hold securities of any kind. Due to the technical and security risks inherent on
the Internet, and because the documents you may access may differ from the original depending on
your browser software, the information accessed on the Site should not be used for the purpose of
making investment decisions.The documents and information available on the Site are not intended
to provide you with any financial, accounting, tax or legal advice, nor are they official versions
of documents required to be disclosed by First Capital in compliance with applicable securities laws.
There is no guarantee that the documents and information contained on the Site are the most current
source for information on First Capital.
Links
to third party websites including, but not limited to, Equity One Inc. are provided
as a convenience only. The inclusion of any link does not imply endorsement,
investigation or verification by us of the linked website or the material contained
within the linked website. The policies described in these Terms of Use do not apply
to those websites.
We may alter,
modify or update the Site, including any of the Content, periodically, in our discretion.
Such alterations, modifications or updates may include the addition or deletion of features,
functionality, text, data or other content. We may also eliminate or cancel any part of the
items of Content or categories of Content contained on the Site, at any time.
Information
should be considered current only as of the time of initial publication, without regard
to the date on which you access such information. First Capital assumes no responsibility
to resolve any problems or to correct any inaccuracies or defects in the Content or in the
Site, nor does First Capital assume any responsibility to update the Content or the Site.
FORWARD-LOOKING
STATEMENTS — The Site may contain forward-looking statements relating
to First Capital's operations and the environment in which it operates that are based
on First Capital's expectations, estimates, forecasts and projections. These statements
may be identified by their use of forward-looking terminology such as "believes", "expects",
"may", "should", "would", "will", "intends", "plans", "estimates", "anticipates" and similar
words. These statements are not guarantees of future performance and involve risks and
uncertainties that are difficult to control or predict. Actual outcomes and results may differ
materially from those expressed or implied in these forward-looking statements. We refer you
to our current annual management’s discussion and analysis and annual information form, both
of which are available at on the Site and at www.sedar.com for a discussion of the risks and
uncertainties associated with forward-looking statements. You therefore should not place undue
reliance on any such forward-looking statements. Further, these forward-looking statements
speak only as of the date on which such statement is made. Except as required by laws and
regulations, we undertake no obligation to publicly update any such statement or to reflect
new information or the occurrence of future events or circumstances.
LIMITATION OF
LIABILITY AND DISCLAIMER — The CONTENT ON THE SITE IS PROVIDED FOR INFORMATIONAL AND EDUCATIONAL
PURPOSES ONLY. ALL CONTENT IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND
AND WE MAKE NO REPRESENTATIONS AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND
CONDITIONS OF ANY KIND ARISING BY STATUTE OR OTHERWISE IN LAW WITH RESPECT TO THE
CONTENT AND THE SITE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR
WARRANTY AS TO CORRECTNESS, COMPLETENESS, QUALITY, TIMELINESS, ACCURACY OR RELIABILITY
OF THE SITE, OR ANY OF THE CONTENT, AND WE ASSUME NO RESPONSIBILITY TO YOU OR ANY
THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WE DO NOT INDEPENDENTLY
VERIFY ANY OF THE INFORMATION CONTAINED ON THE SITE.
YOU ACKNOWLEDGE
THAT ALL CONTENT ACCESSIBLE ON THE SITE IS BEING PROVIDED TO YOU WITHOUT LIABILITY
ON THE PART OF US OR OF OUR DIRECTORS OR OFFICERS, AND NO REPRESENTATION, WARRANTY
OR CONDITION WITH RESPECT TO THE CONTENT IS BEING MADE BY US OR OUR DIRECTORS, OFFICERS
OR EMPLOYEES. YOU AGREE THAT NEITHER US NOR OUR DIRECTORS, OFFICERS OR EMPLOYEES WILL
HAVE ANY LIABILITY TO YOU AS A RESULT OF YOUR USE OF THE SITE, OR ANY OF THE CONTENT.
WE EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, ARISING FROM THE USE OF THE
SITE, OR ANY OF THE CONTENT, EVEN IF CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR
DIRECTORS OR OFFICERS, EVEN IF ANY OF US HAVE BEEN APPRAISED OF THE LIKELIHOOD OF SUCH
DAMAGES OCCURRING, AND WHETHER SUCH A CLAIM IS BASED ON CONTRACT, TORT OR ANY OTHER LEGAL
OR EQUITABLE THEORY.
SECURITY
MEASURES — We have security measures in place to protect
the loss, misuse and alteration of the information posted on the Site. However,
complete confidentiality or security is not yet possible over the Internet. Any
information transmitted via the Internet may be intercepted by third parties.
We assume no liability for interception, alteration or misuse of information
transmitted over the Internet. We assume no liability for any viruses that affect
your computer and we recommend that you take reasonable and appropriate precautions
to protect your computer.
PRIVACY
— Any communication, comments, ideas or material
you post or transmit to us will be treated in accordance with our Privacy Policy.
GOVERNING LAW
— The Terms of Use are governed by the laws of
the province of Ontario and the laws of Canada applicable therein. Each party
submits to the non-exclusive jurisdiction and venue of the courts of Ontario,
located in Toronto, in order to enforce any provision of the Terms of Use and
for any action or suit arising out of the Terms of Use.
The common
shares and other securities of First Capital Realty Inc. are not registered under
the United States Securities Act of 1933, as amended, or any state securities laws.
Agreement
