Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Brookfield Residential reserves the right to update, revise or modify these Terms and Conditions at any time, without prior notice, by updating this posting. Any such updates, revisions or modifications will become automatically effective thirty (30) days after they are initially posted. Your use of this Site following any such update, revision, or modification constitutes your agreement to follow and be bound by such revision, update or modification. We recommend you review these Terms and Conditions each time you use this Site.
Ownership of Intellectual Property/Restrictions on Use of Materials
The Site is owned and operated by Brookfield Residential. Unless otherwise indicated the contents including without limitation, all logos, trade-marks, service marks, trade-dress, texts, graphics, images, and the collection, organization, arrangement and assembly of the contents of this Site (collectively, the “Content”) are the property of Brookfield Residential and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property laws, including copyright, trademark and other laws and regulations. You do not acquire any ownership rights to any Content through your access to, or use of, the Site.
No Content from this Site, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without Brookfield Residential’s prior written consent except that you may download one copy of the Content on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Brookfield Residential’s copyright, trademark, and trade secret rights and others’ proprietary rights. The use of any Content on any other web site or networked computer environment for any purpose is strictly prohibited.
In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are non-exclusively licensed to you by Brookfield Residential solely for the non-commercial purpose of using the Site. Brookfield Residential does not transfer title in and to the Software to you. As between you and Brookfield Residential, Brookfield Residential retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, transmit, reproduce, publish, license, rewrite, modify, create derivative works from, transfer, sell, decompile, reverse-engineer or disassemble the Software. Except as expressly provided herein, no license, or other right is granted herein by Brookfield Residential, either directly or by implication, estoppel or otherwise under these Terms and Conditions with respect to any Content, the Software or any other intellectual property.
Use of Site and Site Material/ Acceptable Site Use
Users may not use the Site in order to transmit, distribute, store or destroy the Content or any material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, scandalous, inflammatory, pornographic, profane, abusive or hateful. Users may use the Site only for lawful purposes and in compliance with the Terms and Conditions.
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. Brookfield Residential will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Unless you have a written permission from Brookfield Residential you may not provide a hypertext link to the site on another website.
Neither Brookfield Residential nor any of its officers, directors, employees, agents or licensors: (a) has passed on the merit of any of the securities referred to on this Site or any linked site; or (b) has endorsed or sponsored any of these securities; or (c) makes or has made any recommendation regarding any securities issued by any of the companies identified on or linked to this Site, nor the advisability of investing in securities generally for any particular individual. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT. The information contained on this website does not constitute an offer to sell or the solicitation of an offer to buy any securities of Brookfield Residential or any other company in any jurisdiction in which such an offer or invitation is not authorized and/or would be contrary to local law or regulation.
Forward-looking Information and Statements
Certain information contained in this Site may constitute forward-looking statements and information within the meaning of applicable Canadian and U.S. States securities laws. These forward-looking statements reflect the beliefs of Brookfield Residential’s management at the time of posting and are based on assumptions and information available to the management team of Brookfield Residential at the time of posting. In some cases, these statements or information may be identified by their use of forward-looking terminology such as “believes,” “expects,” “may,” “should,” “would,” “will,” “intends,” “plans,” “estimates,” “anticipates,” “predicts,” “forecasts,” “outlook,” “potential,” “continues,” “likely,” “projects,” “future,” and similar words and expressions. Although Brookfield Residential believes that the anticipated future results, performance or achievements expressed or implied by the forward-looking statements and information on this Site are based upon reasonable assumptions and expectations, you should not place undue reliance on forward-looking statements and information because they involve assumptions, known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the company to differ materially from anticipated future results, performance or achievement expressed or implied by such forward-looking statements and information. Various factors that could cause actual results to differ materially from those contemplated or implied by forward-looking statements and information include the risks and factors detailed from time to time in Brookfield Residential’s form 40-F filed with the United States Securities and Exchange Commission and Management’s Discussion and Analysis of Financial Results as well as other documents filed by Brookfield Residential with the securities regulators in Canada and the United States. We caution that the important factors found therein that may affect future results is not exhaustive. When relying on our forward-looking statements to make decisions with respect to Brookfield Residential, investors and others should carefully consider these factors and other uncertainties and potential events. Except as may be required by law, Brookfield Residential undertakes no obligation to publicly update or revise any forward-looking statements or information, whether written or oral, that may be as a result of new information, future events or otherwise.
Investor Relations Information
The information posted to the Investor Relations section of this Site is maintained by Brookfield Residential. All information posted to the Investor Relations section of this Site was accurate at the time of posting, but may be superseded by subsequent disclosures made by Brookfield Residential. Brookfield Residential does not assume any duty of disclosure beyond that which is required by law. For Brookfield Residential official investor disclosure documents, please see the Brookfield Residential filings made with Canadian and United States securities regulators at www.sedar.com and www.edgar.com
The Site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by Brookfield Residential. Brookfield Residential is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.
BROOKFIELD RESIDENTIAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” BROOKFIELD RESIDENTIAL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. BROOKFIELD RESIDENTIAL DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE NOR DOES IT WARRANT THAT THE SITE’S CONTENTS WILL MEET YOUR REQUIREMENTS. BROOKFIELD RESIDENTIAL DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BROOKFIELD RESIDENTIAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BROOKFIELD RESIDENTIAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
NEITHER BROOKFIELD RESIDENTIAL NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS MAKES OR HAS MADE ANY RECOMMENDATIONS REGARDING THE SECURITIES OR INVESTMENT SERVICES OF ANY PERSON OR ENTITY WITH RESPECT TO THE CONTENT OF THIS SITE, OR OF THE ADVISABILITY OF INVESTING IN SECURITIES GENERALLY FOR ANY PARTICULAR INDIVIDUAL.
BROOKFIELD RESIDENTIAL SHALL HAVE THE RIGHT FOR ANY REASON, IN ITS SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO CONTENT, FEATURES AND HOURS OF AVAILABILITY, WITHOUT FURTHER NOTICE TO YOU.
Limitation of Liability
YOU USE THIS SITE AND ITS CONTENT AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BROOKFIELD RESIDENTIAL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR LICENSEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENTS ON THE SITE, EVEN IF BROOKFIELD RESIDENTIAL OR A BROOKFIELD RESIDENTIAL AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BROOKFIELD RESIDENTIAL TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnity of User
You agree to defend, indemnify, and hold harmless Brookfield Residential, and each of its officers, directors, employees, parents, shareholders, licensees, assigns and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content contained on the Site or your breach of the terms of these Terms and Conditions. Brookfield Residential shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, in its sole discretion, at your expense, in defending any such claim, suit or proceeding.
By accessing the Site, you agree that the laws of the Province of Ontario will apply to all matters relating to your use of this Site, without regard to rules relating to conflict of laws. Brookfield Residential makes no claims that the Contents may be lawfully viewed or downloaded outside of Canada. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms and Conditions must be brought in Toronto, Ontario, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Ontario, Canada.
The relationship between Brookfield Residential and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Site.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and Brookfield Residential relating to the subject matter herein.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Brookfield Residential as set forth above.