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Terms And Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Brookfield Residential reserves the right to update, revise or modify these Terms and Conditions at any time, without prior notice, by updating this posting. Any such updates, revisions or modifications will become automatically effective thirty (30) days after they are initially posted. Your use of this Site following any such update, revision, or modification constitutes your agreement to follow and be bound by such revision, update or modification. We recommend you review these Terms and Conditions each time you use this Site.
Ownership of Intellectual Property/Restrictions on Use of Materials
The Site is owned and operated by Brookfield Residential. Unless otherwise indicated the contents including without limitation, all logos, trade-marks, service marks, trade-dress, texts, graphics, images, and the collection, organization, arrangement and assembly of the contents of this Site (collectively, the “Content”) are the property of Brookfield Residential and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property laws, including copyright, trademark and other laws and regulations. You do not acquire any ownership rights to any Content through your access to, or use of, the Site.
No Content from this Site, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without Brookfield Residential’s prior written consent except that you may download one copy of the Content on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Brookfield Residential’s copyright, trademark, and trade secret rights and others’ proprietary rights. The use of any Content on any other web site or networked computer environment for any purpose is strictly prohibited.
In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are non-exclusively licensed to you by Brookfield Residential solely for the non-commercial purpose of using the Site. Brookfield Residential does not transfer title in and to the Software to you. As between you and Brookfield Residential, Brookfield Residential retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, transmit, reproduce, publish, license, rewrite, modify, create derivative works from, transfer, sell, decompile, reverse-engineer or disassemble the Software. Except as expressly provided herein, no license, or other right is granted herein by Brookfield Residential, either directly or by implication, estoppel or otherwise under these Terms and Conditions with respect to any Content, the Software or any other intellectual property.
Use of Site and Site Material/ Acceptable Site Use General Rules.
Users may not use the Site in order to transmit, distribute, store or destroy the Content or any material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, scandalous, inflammatory, pornographic, profane, abusive or hateful. Users may use the Site only for lawful purposes and in compliance with the Terms and Conditions.
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. Brookfield Residential will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Unless you have a written permission from Brookfield Residential you may not provide a hypertext link to the site on another website.
Neither Brookfield Residential nor any of its officers, directors, employees, agents or licensors: (a) has passed on the merit of any of the securities referred to on this Site or any linked site; or (b) has endorsed or sponsored any of these securities; or (c) makes or has made any recommendation regarding any securities issued by any of the companies identified on or linked to this Site, nor the advisability of investing in securities generally for any particular individual. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER CONTENT. The information contained on this website does not constitute an offer to sell or the solicitation of an offer to buy any securities of Brookfield Residential or any other company in any jurisdiction in which such an offer or invitation is not authorized and/or would be contrary to local law or regulation.
Forward-looking Information and Statements
Certain information contained in this Site may constitute forward-looking statements and information within the meaning of applicable Canadian and U.S. States securities laws. These forward-looking statements reflect the beliefs of Brookfield Residential’s management at the time of posting and are based on assumptions and information available to the management team of Brookfield Residential at the time of posting. In some cases, these statements or information may be identified by their use of forward-looking terminology such as “believes,” “expects,” “may,” “should,” “would,” “will,” “intends,” “plans,” “estimates,” “anticipates,” “predicts,” “forecasts,” “outlook,” “potential,” “continues,” “likely,” “projects,” “future,” and similar words and expressions. Although Brookfield Residential believes that the anticipated future results, performance or achievements expressed or implied by the forward-looking statements and information on this Site are based upon reasonable assumptions and expectations, you should not place undue reliance on forward-looking statements and information because they involve assumptions, known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the company to differ materially from anticipated future results, performance or achievement expressed or implied by such forward-looking statements and information. Various factors that could cause actual results to differ materially from those contemplated or implied by forward-looking statements and information include the risks and factors detailed from time to time in Brookfield Residential’s form 40-F filed with the United States Securities and Exchange Commission and Management’s Discussion and Analysis of Financial Results as well as other documents filed by Brookfield Residential with the securities regulators in Canada and the United States. We caution that the important factors found therein that may affect future results is not exhaustive. When relying on our forward-looking statements to make decisions with respect to Brookfield Residential, investors and others should carefully consider these factors and other uncertainties and potential events. Except as may be required by law, Brookfield Residential undertakes no obligation to publicly update or revise any forward-looking statements or information, whether written or oral, that may be as a result of new information, future events or otherwise.
Investor Relations Information
The information posted to the Investor Relations section of this Site is maintained by Brookfield Residential. All information posted to the Investor Relations section of this Site was accurate at the time of posting, but may be superseded by subsequent disclosures made by Brookfield Residential. Brookfield Residential does not assume any duty of disclosure beyond that which is required by law. For Brookfield Residential official investor disclosure documents, please see the Brookfield Residential filings made with Canadian and United States securities regulators at www.sedar.com and www.edgar.com
The Site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by Brookfield Residential. Brookfield Residential is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.
BROOKFIELD RESIDENTIAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE PROVIDED FOR USE ON AN “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” BROOKFIELD RESIDENTIAL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. BROOKFIELD RESIDENTIAL DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE NOR DOES IT WARRANT THAT THE SITE’S CONTENTS WILL MEET YOUR REQUIREMENTS. BROOKFIELD RESIDENTIAL DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BROOKFIELD RESIDENTIAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BROOKFIELD RESIDENTIAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
NEITHER BROOKFIELD RESIDENTIAL NOR ANY OF ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS OR SUPPLIERS MAKES OR HAS MADE ANY RECOMMENDATIONS REGARDING THE SECURITIES OR INVESTMENT SERVICES OF ANY PERSON OR ENTITY WITH RESPECT TO THE CONTENT OF THIS SITE, OR OF THE ADVISABILITY OF INVESTING IN SECURITIES GENERALLY FOR ANY PARTICULAR INDIVIDUAL.
BROOKFIELD RESIDENTIAL SHALL HAVE THE RIGHT FOR ANY REASON, IN ITS SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, ANY ASPECT OF THE SITE, INCLUDING BUT NOT LIMITED TO CONTENT, FEATURES AND HOURS OF AVAILABILITY, WITHOUT FURTHER NOTICE TO YOU.
Limitation of Liability
YOU USE THIS SITE AND ITS CONTENT AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BROOKFIELD RESIDENTIAL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR LICENSEES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENTS ON THE SITE, EVEN IF BROOKFIELD RESIDENTIAL OR A BROOKFIELD RESIDENTIAL AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BROOKFIELD RESIDENTIAL TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Indemnity of User
You agree to defend, indemnify, and hold harmless Brookfield Residential, and each of its officers, directors, employees, parents, shareholders, licensees, assigns and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content contained on the Site or your breach of the terms of these Terms and Conditions. Brookfield Residential shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, in its sole discretion, at your expense, in defending any such claim, suit or proceeding.
By accessing the Site, you agree that the laws of the Province of Ontario will apply to all matters relating to your use of this Site, without regard to rules relating to conflict of laws. Brookfield Residential makes no claims that the Contents may be lawfully viewed or downloaded outside of Canada. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms and Conditions must be brought in Toronto, Ontario, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Ontario, Canada.
The relationship between Brookfield Residential and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the Site.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and Brookfield Residential relating to the subject matter herein.
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Brookfield Residential as set forth above.
Brookfield Residential complies with all of the requirements of Canada’s privacy legislation, The Personal Information Protection and Electronic Documents Act and substantially similar provincial legislation. By submitting your personal information, and using Brookfield Residential services or website (the “Site”), you accept this Policy and consent to its terms and as otherwise described to you at the time of collection of your personal information. If you do not agree to the terms of this Policy, please do not use the Site.
This Policy may be modified, revised or updated at Brookfield Residential’s discretion, at any time, without notice to you. Please check back from time to time for such amendments. By continuing to view, browse or use the Site following any such modification or revision, you agree to be bound by such modification or revision.
What is personal information? “Personal Information” is personally identifiable information about you, including your name, residential address and e-mail address, and your views and personal opinions. Publicly available information, such as business contact information or a public directory listing of your name, address, telephone number or information that is aggregated and not associated with a specific individual, including demographic information and statistics, is not considered Personal Information.
WHAT PERSONAL INFORMATION WILL BROOKFIELD RESIDENTIAL COLLECT?
We will only request personal information from you that is necessary to establish, manage and maintain our relationship with you. Personal Information is collected by Brookfield Residential when you provide it to us, such as, when you subscribe for investor alerts, request event reminders, or contact us through a contact form. We may also collect your IP address when you use the Site and we keep track of your dealings with us, including details of your visits to our Site and the resources that you access, including, but not limited to, traffic data, location data, weblogs and other communication data.
We may also receive Personal Information from our business partners and other third parties, provided that such third parties confirm to us that they have obtained your consent or we have obtained your consent in this regard.
WHAT NON-PERSONAL INFORMATION WILL BROOKFIELD RESIDENTIAL COLLECT?
We collect certain non-personal information which is recorded by the standard operation of our Internet servers on an anonymous basis, such as the operating system and type of browser you are using, the sections of the Site you visit, the Site pages visited, and any content you post to or download from the Site.
This non-identifiable information is used on an aggregate basis and in a non-personally identifiable form, including: (i) for Site and system administration purposes, (ii) to improve the Site, (iii) to conduct internal reviews of the number of visitors to the Site (iv) to help us better understand visitors’ use of our Site; (v) to respond to specific requests from our visitors; and (vi) to protect the security or integrity of our Site when necessary. Brookfield Residential's servers may also automatically record information when you visit our website, including the URL that directed you to our website, your IP address, browser type and the date and time of your visit.
When you view the Site, we generally collect and store some information on your computer. This information will be stored in a “Cookie,” which is a file created on your computer’s hard drive, and will help us in many ways. For example, Cookies allow us to tailor the Site to better match your interests and preferences. With most Internet browsers, you can erase Cookies from your computer hard drive, block the creation of Cookies, or receive a warning before a Cookie is stored, although doing so may affect your use of the Site and your ability to access certain features of the Site. Please refer to your browser instructions or the help section of your browser to learn more about these functions.
Our Site may use Web beacon, gif or other technologies. When you access certain of our web pages, a non-identifiable notice of that visit is generated which may be processed by us. These technologies usually work in conjunction with cookies. If you don’t want your cookie information to be associated with your visits to these pages, you can set your browser to turn off cookies. If you turn off cookies, Web beacon technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
HOW WILL BROOKFIELD RESIDENTIAL USE THE INFORMATION WE COLLECT?
Brookfield Residential collects and discloses your personal information for the following purposes:
- to contact and correspond with you;
- to respond to your communications and requests;
- to meet legal, regulatory, audit, security and financial requirements under federal and provincial regulations;
- to maintain business records for reasonable periods of time;
- to conduct market research and gather demographic and statistical information about our users, for managing our business; and
- at your option, to make you aware of Brookfield Residential projects that may be of interest to you.
Also, you may indicate that you are interested in receiving information from Brookfield Residential. If so, your personal information will also be used to contact you or to send you e-mail materials and other mailings about productions or projects that might be of interest to you. You always have the option to tell us not to share your personal information with third parties or to exclude you from offers for targeted advertising.
We may be involved in the sale or transfer of some or all of our businesses. As part of that sale or transfer transaction, we may disclose your personal information to the acquiring organization, but will require the acquiring organization to agree to protect the privacy of your personal information in a manner that is consistent with the Policy.
Limited disclosure of Personal Information to third parties may be required as part of Brookfield Residential fulfilling its stated business duties and day-to-day operations. However, information will only be disclosed to such persons if they have entered into a written agreement with us to abide by this Policy.
PROCESSING OF PERSONAL INFORMATION
Your personal information may be processed and stored outside of the province in which you reside and/or outside of Canada. Under the laws of these other jurisdictions, in certain circumstances foreign courts, law enforcement agencies or regulatory agencies may be entitled to access your personal information without notice to you. By submitting your Personal Information, you agree to this transfer, storing or processing.
By providing us with your Personal Information, you consent to our using your Personal Information for the purpose set forth above. Other than as required by law, your Personal Information will not be used for any other purpose without your consent. You can at any time withdraw consent to receive further information or correspondence from us by contacting our Chief Privacy Officer at the address set forth below.
Technical, contractual, administrative and physical security measures and safeguards, such as locked cabinets, restricted access and the use of passwords and firewalls have been adopted to protect your personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
Information collected from our Site is kept in a safe and secure system, isolated from direct connection to the Internet.
LINKS TO OTHER SITES
The Site may contain links to independently owned, controlled and/or managed third party, Web or Internet sites to which the Policy does not apply. Should you select such a link, you will leave the Brookfield Residential website. Please note that we do not monitor or control the content that appears on these third-party sites and such content may be constantly changing. If you view these third-party sites, the sites may assign a cookie. Brookfield Residential does not control these cookies, nor is it responsible for any marketing or other use of your information by these third parties.
HOW TO CORRECT YOUR PERSONAL INFORMATION
Brookfield Residential wants to ensure that information about you is accurate, complete and current. Please inform Brookfield Residential of any change of name, address or other information. In addition, you have the right to access the Personal Information that Brookfield Residential has collected, stored, and disclosed about you, subject to any legal restrictions. If there are errors in the information in your files, you may request that it be changed. If we have disclosed inaccurate information about you to a third party, we will be pleased to contact the third party in order to advise them of the error.
In order to access this information, you must put your request in writing to the individual referred to below.
HOW TO ACCESS YOUR PERSONAL INFORMATION
If you have any questions, concerns or would like more information about the collection, use or disclosure of your personal information by Brookfield Residential, or if you simply want to know whether we have any of your personal information on file, you may contact our Chief Privacy Officer at the following address:
e-mail: firstname.lastname@example.org: Chief Privacy Officer 4906 Richard Road SW Calgary, AB T3E 6L1
If Brookfield Residential refuses access to you, it will provide you with the reasons for its refusal upon request. Exceptions may include information that contains references to other individuals, information that cannot be disclosed for legal, security or commercial proprietary reasons, and information that is subject to solicitor-client or litigation privilege.