Terms of Use for Website

BY USING THIS WEBSITE AND ANY OTHER WEBSITE OWNED AND OPERATED BY 3R PROPERTY MANAGEMENT ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS (collectively “3R”), YOU AGREE TO BE CONTRACTUALLY BOUND BY THE FOLLOWING TERMS OF USE AGREEMENT (the “Terms of Use”). IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DISCONTINUE ALL USE OF THE SITE (AS DEFINED HEREINBELOW) IMMEDIATELY.

Terms and Conditions of Use

Thank you for visiting 3R’s website (this “Site”). This Site is provided for your informational purposes only. This Site is provided to you by 3R PROPERTY MANAGEMENT, its subsidiaries, affiliates, successors, and assigns (collectively “3R”), and/or on behalf of 3R’s clients, the landlords and corporate owners of the properties managed by 3R, and third party service providers. Your use of this Site is subject to these terms and conditions of use (these “Terms”). Your use of this Site constitutes your agreement to these Terms. If you do not agree with these Terms, you may not use this Site. You may print and keep a copy of these Terms.

Modifications of Terms and Conditions of Use

3R reserves the right to change or modify these Terms at any time. 3R shall post all changes or modifications to these Terms on this Site. Each use of this Site shall constitute your acceptance of the then current Terms posted on the Site at the time of such use.

Use of this Site

The information and materials contained at this Site, including the text, graphics, sound files, video files, logos, images, arrangement and general design of the Site (collectively, the “Content”) is owned or licensed by 3R and 3R authorizes you to view or download the Content solely for your personal, non-commercial use provided you retain all proprietary notices contained in the Content. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. You may not use any Content for commercial purposes without obtaining 3R’s prior written consent, which consent may be withheld at 3R’s sole discretion.

You may not use this Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner which is contrary to any local, provincial, national, international and foreign laws or regulations which are applicable to your use of this Site. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party’s use and enjoyment of this Site.

Content

Although 3R uses reasonable efforts to update and review the accuracy of the Content, 3R makes no warranties or representations that the Content is current and/or accurate. 3R assumes no liability or responsibility for any errors contained in the Content.

Unless otherwise indicated, leases generally have an initial term of 12 months. Users should check with the individual building management of 3R to confirm the length of a lease.

Information, including availability, features, floor plans and rent ranges, are subject to change without prior notice and should be verified by users. Prices, apartment or lease specifications and all other Content is made available for information purposes only and may not be accurate or complete. Any rate or lease calculation is provided as an estimate for your reference only. Only a 3R building manager can provide you with the actual price or lease cost, as applicable, of any lease or services you may wish to apply for.

Modification of Content

3R reserves the right to make changes to the Content, including all prices and availability, at any time without notice. If a posted price for a lease or apartment is incorrect, 3R is only responsible for the correct price, which 3R shall provide you with upon becoming aware of any error. 3R reserves the right to refuse or cancel any leases, listings or services displayed at an incorrect price.

Your Information

Any personal information that you submit to us, whether verbally or in writing, or post on this Site will be treated in accordance with our Privacy Policy. By submitting or posting your personal information, you are indicating your consent to our collection, use and disclosure of such personal information in accordance with our Privacy Policy.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material, or any other material that could give rise to any civil or criminal liability under all applicable local, provincial, national, international and foreign laws or regulations governing this Site and your use thereof.

Payments

Except as expressly provided below, any payments you submit through the Site including rental deposits, rental payments, or any other services or transactions, are for services provided 3R or a party other than 3R. 3R may use a third party platform or service provider, such as Yardi (“Yardi”) to facilitate these payments. You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting 3R directly. Yardi shall not be involved in such issues, except where the issue is solely attributable to a malfunction or error occurring on Yardi’s website or in connection with the services provided by Yardi. Yardi’s website and services are governed by the Terms of Use of Yardi’s website which can be found here: https://resources.yardi.com/legal/rentcafe-terms-of- service/

You may choose to utilize services that have a charge associated with them such as screening services, lease execution fees, and the like, that are imposed by Yardi or other third-party, which may or may not be a subsidiary or affiliate of Yardi. Yardi or such other company may collect these fees directly from you as provided by Yardi’s Terms of Use. You acknowledge these fees are subject to change.

Specific terms may set out further terms applying to such payments, including in relation to refunds (if any}, billing arrangements and any consequences of failing to make timely payments). Certain fees may be non-refundable, except to the extent otherwise required by applicable law. You must comply with all such terms in relation to such payments by you.

By providing your card or bank information, you are representing that you are authorized to use this card or bank account for payments for rental deposits, rental payments, or any other services or transactions for services provided by 3R or a party other than 3R. If you are making a one-time payment, your card or bank information will not be stored after completion of the transaction, but any other personal information provided in connection with the transaction will be stored. If you are enrolling in recurring payments, you authorize 3R and Yardi to store your card or bank information to process your recurring payments. You are responsible for keeping your card or bank information up to date. If your card or bank information changes, you agree to promptly update your information. 3R and/or Yardi will continue to store your card or bank information until you delete your information or you cancel recurring payments. For more information about how we store and use your card, bank or other personal information, please see our Privacy Policy.

Disclaimer

THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS. 3R DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE OR ANY OF THE CONTENT.

THE www.3rproperties.com WEBSITE CAN BE TRANSLATED INTO MANY LANGUAGES USING THE GOOGLETM TRANSLATE TOOL. THIS TOOL GIVES RESIDENTS AND VISITORS WHO SPEAK OTHER LANGUAGES A WAY OF ACCESSING INFORMATION FEATURED ON 3R’S WEBSITE.

3R ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF TRANSLATIONS PERFORMED USING THE GOOGLETM TRANSLATE TOOL. GOOGLE TRANSLATE IS A THIRD-PARTY AUTOMATED TRANSLATOR AND MAY MAKE MISTAKES OR HAVE INCONSISTENCIES.

3R DOES NOT WARRANT THAT THE SITE AND THE CONTENT ARE FREE FROM ERRORS OR OTHER PROGRAM LIMITATIONS OR THAT THE SITE AND CONTENT WILL BE ACCESSIBLE AND PERFORM IN ACCORDANCE WITH YOUR EXPECTATIONS. THIS DISCLAIMER SHALL APPLY TO ALL DAMAGES OR

INJURIES INCURRED FROM, OR RELATED TO YOUR USE OF THIS SITE INCLUDING BUT NOT LIMITED TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION PERTAINING TO YOUR OWNER’S ACCOUNT. YOU SPECIFICALLY ACKNOWLEDGE THAT CAP REIT SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES.

Limitation of Liability

IN NO EVENT SHALL 3R BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT, EVEN IF 3R HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF 3R UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO CAD $5.00.

Without limiting the foregoing, 3R expressly excludes (and you hereby release 3R from) any liability for any of the following:

fraud by any user of the Site;
any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Site and/or the content therein;
any failure by 3R to ensure that they do not breach any copyright or other intellectual property right of any third party;
any link on the Site to any other site; and
loss or damage caused by delay or errors in, or the downtime of, the Site (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that the Company has been advised of the possibility of such loss or damage.

Nothing in these Terms of Use is intended to limit or exclude any liability on the part of 3R where and to the extent that applicable laws prohibit such exclusion or limitation.

Links

Links to external web sites (the “Linked Sites”) are provided only as a convenience and do not constitute an endorsement by 3R of the owners or operators of the Linked Sites, an endorsement of the content, products, advertising or other materials contained in the Linked Sites, or any association between 3R and the Linked Sites. 3R is not in control of any of the Linked Sites and is not responsible for the contents of the Linked Sites, including without limitation any link contained in the Linked Sites or any changes or updates to the Linked Sites.

Prohibiting Use of the Site

You shall not use the Site in any way that would interfere with their operation nor submit any content to the Site, which libels, defames, invades privacy, is obscene, pornographic, and abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Site any information or other materials that:

could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;

could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, 3R and their respective affiliates;

could infringe the intellectual property rights including, without limitation, any copyright, trade- mark, or patent, of any person, including, without limitation and for greater certainty, 3R and their affiliates;

could be considered as a use of the Site that is contrary to law or electronic etiquette, or which would adversely impact the use of the Site or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;

contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;

contain: (i) falsehoods or misrepresentations (ii) commercial content, including without limitation, advertising, solicitation, offers to sell any products, goods or services, or (iii) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, which prohibition includes but is not limited to (a) using the Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or who has not consented to receiving electronic messages from you in accordance with applicable anti-spam legislation; (b) using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; or (iii) surveys or contests; or encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.

3R does not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Site and 3R expressly disclaim any and all liability in connection with your submissions to the Site.

3R reserves the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Site, in whole or in part, at any time, at its sole discretion and without prior notice.

Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Site are copyrights,

trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by 3R. The use of any Intellectual Property without obtaining prior written consent from 3R is strictly prohibited. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Indemnity

You agree to defend, indemnify and hold 3R, its employees, directors and related entities harmless from and against any and all liabilities, costs and expenses including reasonable attorneys’ fees, related to any violation of these Terms by you in connection with your use of this Site.

Severability

If any provision of these Terms is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.

Entire Agreement

Unless specifically provided herein, these Terms constitutes the entire agreement between you and 3R with respect to your use of this Site. These Terms shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written between the parties. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the parties in connection with the use of this Site except as specifically set forth herein.

Termination

3R reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice, if you are in breach of any of the provisions herein.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You hereby expressly consent to the sole and exclusive jurisdiction and venue of the courts of the Province of Ontario, for any legal proceeding arising out of or relating to your use of this Site or these Terms.

Privacy Policy

At 3R, we are committed to protecting your privacy through practices that limit the collection, use, disclosure, disposition and destruction of personal information. By providing us with your personally identifiable information, you consent to our collection, use and disclosure of such information in accordance with our Privacy Policy.