The following are the terms of use (the “Terms”) that govern the use of the www.sunshineharbour.com website (the “Website”). By using the Website, you agree to be bound by the Terms as revised or updated from time to time, including without limitation, the Privacy Policy posted on the Website as revised or updated from time to time, and any other usage guidelines and rules that may be posted from time to time, all of which are incorporated herein by reference, as well as all applicable laws and regulations governing the Website. If you do not agree, please do not enter or use the Website.

PURCHASERS OF DWELLING UNITS

Purchasers of dwelling units from any company affiliated and/or associated with FRAM + Slokker and/or from any company using the FRAM + Slokker trademark under license from FRAM + Slokker (all of the foregoing hereinafter referred to collectively or individually as “FRAM + Slokker”), should refer to their respective agreements of purchase and sale for full details of the terms and provisions governing their respective transactions. These agreements of purchase and sale provide the sole and exclusive remedies to purchasers of such dwelling units arising from any cause or claim whatsoever, including any lien arising from any misrepresentation.

INTELLECTUAL PROPERTY AND PERMITTED USE

FRAM + Slokker is the owner or authorized user of all intellectual property rights in the Website and all content displayed in the Website. All information in the Website is protected under the copyright laws and other intellectual property laws of Canada and other countries. You may display on your computer, download and print pages of the Website, provided:

• the words “copyright FRAM + Slokker” appears on all material that is so printed;
• the information will not be altered in any manner; and
• your use of such pages is only for personal and non-commercial use.

Other than in accordance with the foregoing, no one has permission to copy, redistribute, reproduce or republish in any form, any content displayed in the Website. All trademarks, logos, and service marks (the “Trademarks”) displayed in the Website are registered and unregistered trademarks of FRAM + Slokker and others, and may not be used by you in any way without the express written permission of FRAM + Slokker or the owner of such Trademark.

USER CONTRIBUTIONS TO WEBSITE

You are prohibited from posting or transmitting to or from the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, hateful, malicious or other material that would violate any applicable law, or otherwise be in violation of the intellectual property rights of others. FRAM + Slokker welcomes ideas and/or suggestions for improvements or additions to the Website, all of which will be subject to the Terms. Any and all ideas, suggestions and/or submissions forwarded or disclosed by you or on your behalf to FRAM + Slokker are made with the specific understanding that:

• same will not be subject to any obligation of confidentiality or expectation of compensation;
• any and all rights that you may have in such ideas, suggestions and/or submissions are absolutely waived;
• you represent and warrant to FRAM + Slokker that such ideas, suggestions and/or submissions are wholly original with you, that no one else has any rights in and to same; and
• FRAM + Slokker is free to implement the ideas, suggestions and/or submissions as it may from time to time desire, without obtaining permission or license from any third party.

E-MAIL MESSAGES AND SECURITY

Regular, unencrypted e-mail messages over the Internet are not secure. FRAM + Slokker shall not be responsible for any unauthorized access to personal or confidential information that is contained in any email or other transmission to FRAM + Slokker. This Website uses cookies and session variables to personalize content and enhance the user’s experience. This may result in unauthorized access to personal or confidential information. While every reasonable effort is made to ensure that all software provided on the Website is suitable for use on a wide variety of computer systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. FRAM + Slokker recommends that you utilize firewall hardware. FRAM + Slokker cannot represent or warrant that the Website is a secure repository.

AVAILABILITY OF SERVICE

The services provided under the Website may be limited or discontinued at any time by FRAM + Slokker at its discretion and without notice.

EXTERNAL LINKS

The Website may provide links to third party websites, and some of the content appearing on the Website may be supplied by third parties by way of framing, metatagging or otherwise linking to other websites. FRAM + Slokker shall not be responsible for any such content or information, nor shall it be liable for any damages incurred from viewing such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other intrusive, destructive or disruptive codes which may be downloaded from such linked websites. FRAM + Slokker does not endorse any such linked website. If you have any concerns in visiting any particular website that is linked to the Website, please contact FRAM + Slokker at info@sunshineharbour.com and FRAM + Slokker will determine, in its discretion, if the link should be removed from the Website. You may not provide a link to the Website without the express written permission of FRAM + Slokker.

PRODUCT ENDORSEMENT

Any references on the Website to products, services or publications, other than those of FRAM + Slokker, do not imply the endorsement or approval of such products, services or publications by FRAM + Slokker.

ACCURACY OF INFORMATION

Although reasonable care has been taken to ensure the accuracy of the information on the Website, all Website content is provided on an ‘as is’ basis, without any warranties of any kind, express or implied. Please note that all models, plans, sketches, illustrations and/or displays utilized and/or referred to on the Website (including all descriptions, dimensions and/or representations indicated thereon or implied thereby) are merely reflective or indicative of the proposed real estate projects, or various aspects thereof (and/or any other phases with respect thereto, if applicable) as conceived or intended and in effect as at the time of their respective creation, and are therefore subject to one or more changes being made or implemented with respect thereto from time to time (whether significant or otherwise), without any notice thereof being given to anyone visiting or accessing the Website or otherwise, and without any liability being incurred by FRAM + Slokker thereby.

LIMITATION OF LIABILITY

In no event will FRAM + Slokker and/or any of the directors, officers, shareholders, employees or agents of any of the companies comprising FRAM + Slokker, be liable for any damages whatsoever (including, without limitation, damages resulting from lost profits, loss of prospective economic advantage, lost data or business interruption) arising out of the use, inability to use, or the results of use of the Website, any websites linked to the Website, or the content contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages, nor for any claim by another party/or parties.

SEVERABILITY

If any provision of the Terms shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is unlawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions.

GOVERNING LAW

The Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the Province of Ontario by the courts of the Province of Ontario.