The following Terms of Use govern the relationship between you and First Capital Real Estate Investment Trust and its affiliates (“First Capital”; “we”, “us” or “our”) with regard to your use of www.fcr.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.
Investor Relations
The information posted to the Financial Reports and Investor Information sections of the Site is maintained by us. Information posted to the Financial Reports and Investor Information sections of the Site may be superseded by subsequent disclosures made by us which may or may not be available on the Site. We do not assume any duty of disclosure beyond that which is required by applicable laws and regulations. For our official disclosure documents, please see the First Capital filings made with Canadian securities regulators at www.sedar.com.
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.
Other Countries
This website can be accessed from countries other than Canada. We make no representations that the Content of the Site is appropriate or available for use in other locations, and accessing the Site from territories where its content is illegal is prohibited. If you access the Site from outside Canada, you do so on your own initiative and at your own risk and you are responsible for compliance with local laws.
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 trust units and other securities of First Capital Real Estate Investment Trust are not registered under the United States Securities Act of 1933, as amended, or any state securities laws.
BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN.