Who owns the Web site?
The Web site http://www.devencorenkf.com (the "Site") is made available by Devencore Investments Inc., the legal owner of the Site, its affiliated companies and/or licensors ("NKF Devencore"). Wherever the term "Newmark Knight Frank Devencore " shall appear in these Terms and Conditions, such terms shall also include NKF Devencore's officers, directors, employees, shareholders, members, managers, representatives, principals, and agents.
What terms and conditions are you legally bound to?
What responsibility does NKF Devencore have concerning links and third party merchants?
NKF Devencore does not warrant the accuracy or completeness of the information or content included on any of the links on the Site provided by third party merchants or service providers ("Vendor(s)"). Any concerns you may have about any Vendors should be addressed directly to them. You acknowledge that NKF Devencore is not responsible for the accuracy, decency, or legality of any content of Web sites provided by Vendors. NKF Devencore does not endorse any Web site by Vendor linked to the Site.
If you wish to access any link to a Vendor's Web site, you acknowledge and agree that NKF Devencore shall in no event be liable or responsible for any of the services or products to be provided by the Vendor and that NKF Devencore is not an agent or representative of the Vendor. You undertake any transactions with the Vendor at your own risk.
What rights does NKF Devencore reserve with respect to copyrights and proprietary information?
You agree that all content and materials available on the Site are protected by all proprietary laws, including but limited to, copyright, trademarks, service marks, and patents. All content, including text, graphics, logos, button icons, images, audio clips, and software is the property of NKF Devencore or its content suppliers and protected by Canadian and international copyright laws.
You are prohibited from using in any way, except as otherwise described herein, any material or content, including any graphics, logos, service marks which appear on the Site in connection with another product or service that may likely cause confusion among users or customers, or in any manner that disparages or discredits NKF Devencore.
You agree not to rent, modify, distribute, sell, publish, edit, publicly perform from, or create derivative works from such materials or content. You agree not to reproduce, distribute, transmit, republish, or display the content or materials on this Site. You are permitted, however, to print or download copies of these materials or content on the Site, provided that you do so for your own use, for non-commercial purposes, and do not remove any copyright or other proprietary notices on the materials. You are also prohibited from creating or compiling a database, directory or any compilation without NKF Devencore's express written permission.
THE USE OF THE CONTENT OR MATERIALS ON THIS SITE FOR ANY PURPOSE NOT EXPRESSLY PERMITTED HEREIN IS PROHIBITED.
Does NKF Devencore provide any warranties?
No. NKF Devencore is providing content to you as is and as available. To the extent permitted by law, NKF Devencore makes no warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Further, NKF Devencore do not warrant that:
- the content is accurate, reliable or correct;
- the Site will be available at all times and at the same location;
- any defects or errors will be corrected; or
- that the content on the Site is free of viruses or other components.
NKF Devencore makes no representation that the materials on the Site are appropriate or available for use in locations outside Canada. Accessing this Site from locations outside of Canada, therefore, may be prohibited.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK.
What is NKF Devencore's liability?
To the extent permitted or required under law, under no circumstances shall NKF Devencore be liable for any direct, indirect, special, incidental, punitive, or consequential damages that result from the use of, or inability to use, the Site or for the use of any content thereof. The aforesaid limitation applies to any theory of recovery, including those claims based on tort or contract, even if NKF Devencore has been advised of the possibility of such damages.
What is your liability when using the Site?
You may not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any purpose the Site or any portions of the Site, unless expressly permitted by NKF Devencore.
What other miscellaneous legal provisions do you have to adhere to?
These Terms and Conditions shall be governed by the laws of Canada, applicable to agreements made and to be performed entirely within Canada. You specifically agree that Canada has sole and exclusive jurisdiction and that you submit to the personal jurisdiction of the courts in Canada. The Terms and Conditions represent the entire agreement between you and NKF Devencore concerning the Site and supersede any and all other written or oral agreements. In the event any provision of these Terms and Conditions is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions shall nevertheless be binding upon you with the same effect as though the void or unenforceable part had been severed and deleted.
You agree to defend, indemnify and hold harmless NKF Devencore from all liabilities, claims, losses and claims, including reasonable attorney's fees and costs that arise from your use of or access to the Site. NKF Devencore reserves the right to defend the claim, at its own expense, in which event you shall cooperate with NKF Devencore in the defense.
What happens if our terms and conditions change?
We reserve the right to update, modify and amend these Terms and Conditions. All such changes shall be posted on the Site. Your continued use of the Site shall mean that you agree to any and all changes.