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Terms of Use

Welcome to this website (herein “the Website”). Thank you for visiting. It is made available by Empire Communities Corp. (herein “Empire”) subject to the following terms and conditions of use (herein “Terms”).

Acceptance of Terms

Any use or access of the Website is subject to the following Terms and other applicable law. The content, information, services, text, graphics, audio, video, software, data, links and any other material on this Website (“the Content”) is made available to you on the condition of your acceptance of the Terms. By accessing or using the Website, you understand, accept, promise, undertake and agree (herein “Agree”) to be bound by the Terms, individually and collectively. If you do not Agree, do not access or use this Website.

To the extent you are an individual accessing the Website for or on behalf of one or more companies or other entities, the term “you” includes all such companies or entities, and you represent and warrant that you have the authority to bind all such companies or entities.

Disclaimers & Limitations of Liability

Despite the efforts of Empire to ensure that all information on this Website is accurate, complete and up to date, doing so is difficult, at times impossible, and is not assured. Empire and its Representatives will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the Content. (The term “Representatives” collectively includes Empire’s affiliates and licensees, and their directors, officers, employees and representatives, including those of Empire.)

You Agree that any use of or reliance on the Website shall be at your sole risk. Empire and the Representatives make no representation or warranty of any kind regarding the Website or the Content.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EMPIRE AND THE REPRESENTATIVES ASSUME NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS TAKEN AS A RESULT OF USING THIS WEBSITE, OR FOR ERRORS OR OMISSIONS IN THE CONTENT ON THIS SERVER. YOU AGREE THAT EMPIRE AND ITS REPRESENTATIVES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING OUT OF OR RELATING TO THE WEBSITE OR THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE, PROFIT, SAVINGS, GOODWILL OR DATA, EVEN IF EMPIRE OR ANY REPRESENTATIVE FORESEES OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EMPIRE AND THE REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EMPIRE IS NOT OBLIGED TO CORRECT DEFECTS IN THE CONTENT, OR TO ENSURE THAT THIS WEBSITE, OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN APPLICABLE JURISDICTIONS THAT DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES, THE ONLY WARRANTIES YOU HAVE ARE THOSE THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW.

It is also disclaimed, and you also agree, that neither Empire nor any of its nor any Representatives is engaged in providing to you any legal or other professional services.

You Agree to indemnify and hold Empire and the Representatives harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from or related to your use of or reliance on the Website, your Submissions or your breach of these Terms.

The limitations and exclusions of liability and disclaimers in these Terms (“Disclaimers”) apply irrespective of the nature of the cause of action, including breach contract, negligence, tort or any other legal or equitable theory, and will survive a failure of the essential purpose of these Terms or of any remedy.

The use of the Website is also subject to the additional disclaimers, caveats, and notices that may appear elsewhere on the Website.

Equal Opportunities, and Other Terms

Empire is committed to a policy of equal opportunity. All dwellings advertised by Empire and its affiliated or licensed entities are available on an equal opportunity basis. Images of people on the Website are not intended to, and do not, depict racial preference. Empire supports affirmative advertising and marketing in which there are no barriers to obtaining housing because of race, color, religion sex, handicap, familial status, or national origin. Empire is also an equal opportunity employer.

The Website is not intended for or marketed to children; it is intended for adults 18 years of age or older. By using or accessing the Website, you represent that you are 18 years of age or older.

Specifications, Prices and Renderings etc.

As indicated in the Disclaimers above, the Content provided on this Website is intended for informational purposes only and is not intended to constitute any warranty. This includes not constituting any offer or solicitation. Prospective purchasers must visit an Empire sales office to purchase an Empire home. (The term “home” herein includes houses and condominium units.) Without limitation, all homes about which information may be provided herein are subject to prior sale.

While best efforts are made to ensure that the prices and terms contained herein are accurate and current, they are subject to change; they are also subject to prior sale, to selected lot premiums and/or to predetermined options. Prices shown refer to base homes without including the cost of optional features. Photos and/or drawings may show upgraded homes for illustrative purposes. Empire reserves the right to make changes to its home and building designs and to build more or fewer than currently planned. Community description and amenities are developer’s current plans; they are not guaranteed and may change without notice. All renderings and floor plans are an artist’s conceptual drawings and will vary from the actual plans and homes as built. Square footage numbers are approximate. Empire builds homes in several different markets, and the construction features, floor plans and materials of the home may vary between markets. School district boundaries and plans for new schools frequently change.

Nothing on the Website constitutes an offer to purchase a home, let alone such an offer to residents of New York or of any other state or jurisdiction where prior registration requirements may not yet have been satisfied. Purchasers of Empire homes should refer to their respective agreements of purchase and sale for full details of the terms and provisions governing their respective transactions. Those agreements provide the sole and exclusive remedies to purchasers of such homes arising from any cause or claim whatsoever, including any lien arising from any misrepresentation.

Sales representatives located at an Empire sales office do not represent or act for you, but exclusively represent the selling entity.

If you purchase a home where the land is developed by an Empire entity but from a builder that is not an Empire licensee, that builder is independently operated and is not affiliated with Empire or its Representatives. References to such builders shall not be construed as an endorsement, warranty or certification of that builder.

Payment of any broker co-op fee will be subject to certain conditions including, but not limited to, completion of a registration card evidencing that the buyer was accompanied by the broker on the first visit to the home.

Permitted Use and Restrictions on Use

Empire may disclose your Personal Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable right to use the Website only as follows: (a) through manual human interaction, solely for your own informational purposes; or (b) through automated indexing or crawling, solely as permitted by the Website’s robots.txt file and solely for the purpose of providing publicly-accessible search services.

As part of the above license, you may display or print portions of the Content from the different areas of the Website solely for private, non-commercial use.

Apart from the above, you cannot, and you Agree not to, make any other use of the Website (including any of the Content). Without limitation, you Agree not do any of the following, directly or indirectly:

• selling, reproducing, publicly displaying, reverse engineering or modifying the Website, or any copy thereof, in any way, or creating any derivative work; (Without limitation, you cannot create a webpage that gives the impression of being part of this Website or of otherwise being authorized by Empire without having that express authority.)

• using the Website for any commercial or public purpose, including without limitation linking to it, framing it, or making any other use of the Website on any other website;

• using the Website for an unlawful purpose or in an unlawful manner, or to otherwise violate any law, regulation or the rights of any third party;

• damaging, disabling, overburdening or impairing the Website or otherwise interfering with anyone else’s ability to use or enjoy the Website;

• using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website, except as expressly permitted above regarding Website’s robots.txt file;

• accessing any portions of the Website which you are not permitted to access;

• filing any copyright, trademark or other IP application to attempt to register any of the Content on behalf of someone other than an Empire entity;

• attempting any of the above, or facilitating, promoting, or advising others to engage in any of the above.

You Agree that you are responsible for actions and communications undertaken or transmitted in the course of your usage of the Website.

Copyright

Copyright © Empire Communities Corp.
The entire Content, individually and collectively, is copyrighted under copyright laws. The copyright is owned by Empire, unless otherwise indicated (as some individual components may be licensed to Empire). All rights reserved.
For clarification, copyright subsists in, among other things, Empire’s logos, and in these Terms.
ANY VIOLATION OF COPYRIGHT WILL SUBJECT THE VIOLATOR TO THE POSSIBILITY OF FULL PROSECUTION UNDER APPLICABLE COPYRIGHT LAW.
No Content from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for the Permitted Use mentioned above or as may be permitted by applicable copyright law. Any unpermitted use, including but not limited to the reproduction, distribution, display or transmission of the Content of this Website, is strictly prohibited. You understand and agree that any such unauthorized activity would constitute “irreparable harm” in the sense of supporting the availability of interlocutory and permanent injunctive relief, and you Agree to the awarding of such relief by a court of competent jurisdiction.)

Trademarks

All trademarks (including service marks and logos), trade names, company names, and domain names, on the Website, (all collectively, the “Trademarks”) are the proprietary trademarks of Empire Communities Corp., or of such other owner as may be specifically designated.
Without limitation, the Trademarks of Empire Communities Corp. include EMPIRE, EMPIRE COMMUNITIES, LOVE DESIGN LIVE EMPIRE, EMPIRE LIVING, EMPIRE PERFORMANCE, EMPIRE PRESTIGE, EMPIRE ELITE, EMPIRE HOMES, EMPIRE CONTINENTAL, EMPIRE CONTRACTING, EMPIRE CONSTRUCTION, EMPIRE INTERNATIONAL, EASY BUY, AVALON, SUMMERLEA, EAU DU SOLEIL, MAVERICK, RIVERLAND, WYNDFIELD, DELLROSE, the EMPIRE logo and the EMPIRE CROWN ‘E’ logo.

The Trademarks are protected by law and may not be copied, imitated or used (including without limitation in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owner or as may be permitted by such laws. (In particular, without limitation, the Trademarks may not be used as trademarks in association with the same or similar goods or services in the same or similar areas. You understand and agree that any such unauthorized use would: harm the distinctiveness or signification of the mark, deceive the public, damage the business income of its owner, and constitute a violation of law and an inherent contradiction of rights meant to be exclusive. You understand and agree that any such unauthorized use would also constitute “irreparable harm” in the sense of supporting the availability of interlocutory and permanent injunctive relief, and you Agree to the awarding of such relief by a court of competent jurisdiction, and to pay the legal costs, as may be approved by the court, of Empire Communities Corp. and its licensees for seeking such relief and other legal relief.)

The Trademarks of Empire Communities Corp. are used by Empire Communities Corp., and/or by its authorized licensees under license.

SUBMISSIONS

You acknowledge and Agree that any materials you send to us, whether through the Website’s contact form or the email addresses on this Website, including without limitation questions, comments, suggestions, ideas, notes, pictures, diagrams, drawings, or other information (collectively, “Submissions”) are non-confidential. Such Submissions cannot be used to entrap Empire or its Representatives.

By sending such Submissions, you Agree to transfer exclusive ownership of Submissions, including all intellectual property and other rights in or to Submissions, to Empire, free and clear of all claims and liens. You represent and warrant that you have sufficient rights to transfer such ownership, and waive in Empire’s favour any moral or similar rights that you may have in Submissions. Without limiting the generality of the foregoing, Empire may use, modify, disclose or transmit Submissions in any manner and for any purpose (including commercial purposes) as it may determine in its sole discretion, without any compensation, attribution or other obligation or liability to you whatsoever.

LINKS TO OTHER WEBSITES

There may be links on the Website that take you to other websites. In accordance with the Disclaimers above, these links are only provided as a convenience and, while Empire and the Representatives use reasonable efforts, they make no representation or warranty regarding, and do not endorse, the safety or accuracy any linked websites. If you decide to visit any such website, you do so at your own risk and it is your responsibility to review that terms of use of that website, and to take all protective measures to guard against viruses and other potentially destructive elements.

OTHER TERMS

TIME LIMIT: You Agree that any cause of action or claim that may be made by you with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.

WAIVERS: Empire’s waiver of any right, obligation or default shall be limited to the specific right, obligation or default waived, and shall not be construed as a waiver of any subsequent right, obligation or default. No delay or failure in exercising any right by Empire and no partial or single exercise thereof will be deemed of itself to constitute a waiver of such right or any other rights hereunder.

Empire’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.

Empire also reserves the right to add, modify, correct, terminate, suspend, discontinue, impose limits or restrict or block your access to the Website at any time in its sole discretion without notice or liability.

CHANGES TO THE TERMS: The Terms may be changed, revised, modified, amended, or supplemented by Empire without notice at any time for any reason. You Agree that it is your responsibility to check the Website periodically for changes to the Terms. Changes will be effective when posted. Your continued use of the Website after any such changes are posted constitutes your acceptance of such changes.

Unless expressly agreed, these Terms will continue to apply regardless of any future transaction or dealings between you and Empire, or the lack of any such future transaction or dealings, and shall survive the termination of any such future transaction or dealings.

ASSIGNABILITY: The rights or duties under the Terms cannot be assigned by you without prior written consent. They can be assigned by Empire without notice or consent.

INTERPRETATION: Wherever possible, each provision of these Terms shall be interpreted in such a manner as to be valid under applicable law; if any provision shall be unlawful, void, or for any reason unenforceable, then such provision shall be ineffective to the extent of such prohibition without invalidating the remainder of such provision or the remaining provisions.

These Terms constitute the entire agreement between you and Empire regarding its subject matter and supersede anything else on the Website and any prior agreements.

The headings are for guidance only; they are not intended to restrict the scope or interpretation of the terms thereunder.

GOVERNING LAW: These Terms shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario and the applicable laws od Canada, without giving effect to their conflict-of-laws principles. The application of 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and disclaimed.

Subject to the Arbitration section below, you hereby submit to the exclusive jurisdiction of the courts situated in Ontario and agree not to bring any action, claim, suit or proceeding against Empire and the Representatives in any other jurisdiction.

ARBITRATION: You agree that all claims, disputes or disagreements between arising from or relating to the Terms, this Website or your use thereof (a “Dispute”) will be settled by private, confidential, final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). The arbitration shall take place in the City of Toronto, Ontario, Canada. Each Dispute will be arbitrated individually and will not be consolidated with any Dispute involving any third party. You agree to waive any right to commence or participate in any class action against Empire or the Representatives and to opt out of any such class proceedings. In parallel with any arbitration, Empire reserve’s the right to seek injunctive or equitable relief and remedies for infringement of its intellectual property rights through the courts.