IMPORTANT — READ CAREFULLY. These Terms of Use (the “Terms”), together with the other documents referenced and linked below (collectively, the “Agreement”), describe your rights and responsibilities as a user (“User”) of the anthemproperties.com website or any other website (collectively, the “Sites”) offered by Anthem Properties Group Ltd. or its affiliates (collectively, “Anthem”) and related services (the “Services”) offered through the Sites. In this Agreement, the terms “we”, “our” and “us” refer to Anthem and the terms “you” and “your” refer to a User.
YOUR VISIT TO THE SITES CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT. THEREFORE, PLEASE TAKE THE TIME TO REVIEW THE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH SOME OR ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SITES.
1. Use and Accuracy of Information
By using the Sites, you represent and warrant that you are of the age of majority in the jurisdiction of your residence. The Sites are provided for general information only. Although Anthem uses reasonable commercial efforts to ensure that the information contained on the Sites is accurate, Anthem does not warrant or make any representation regarding the accuracy or completeness of any information or data provided on the Sites. Information contained on the Sites, including information relating to plans, specifications, pricing, availability, features and amenities is approximate only and is subject to change at any time and in any manner whatsoever in order to comply with building site conditions and municipal, structural and developer and/or architectural requirements.
Further, Anthem reserves the right to make modifications or substitutions to project design, specifications, features, appliances, pricing and floor plans in its sole discretion and without notice or obligation. Dimensions, square footage and floor plans are illustrative, approximate and provided for reference only. This is not an offering for sale. Any such offering may only be made with a disclosure statement. E.&O.E.
We reserve the right to withdraw or amend the Sites, and any of the Services or materials we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or an entire Site, to certain users, including registered users.
2. Privacy and other Terms
Your use of the Sites and the Services are also governed by the Anthem Privacy Policy. You consent to the collection, use and disclosure of your personal information by us and third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy. In addition, your use of the Sites and the Services, may also be subject to such other policies and procedures as may be conveyed to you by us from time to time, including via the Sites or the Services.
3. Ownership
These Terms provide only a limited and revocable license to access and use the Sites. Accordingly, Anthem does not transfer any ownership or other intellectual property right in and to the Sites or the Services to you or anyone else in connection with your use of the Sites. All text, graphics, interfaces, interfaces, photographs, computer code, software, products, information, and documentation as well as the coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Sites (collectively, the “Materials”) are exclusively owned, controlled, or licensed by Anthem and are protected by applicable laws. Names, logos, marks, and icons identifying Anthem, such as “Anthem”, or the Services are owned exclusively by Anthem, and any use of such names, logos, marks and icons without the prior express written permission of Anthem is expressly prohibited. Other trademarks or service marks identified on or through the Sites may be the trademarks or service marks of third parties. No part of the Services will be construed as granting any license or right to use any intellectual property right of Anthem or any third party (whether by implication or otherwise), except with our express written permission or such other party that may be the owner thereof.
4. Submissions
For any content that you submit on the Sites or through any social media platform, you grant Anthem a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute such content and incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting content to the Sites, or to us through social media or otherwise, you represent and warrant that you are the sole author and owner of the intellectual property rights in the content and that you waive all moral rights in such content. You shall not submit, publish or otherwise disseminate to Anthem or through the Sites (or a social media platform) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We may enforce our rights to the fullest extent of the law should you breach any of these Terms.
5. Links
The Sites may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Anthem of the linked website or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.
6. Linking to the Site and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Sites may provide certain social media features. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you shall not cause the Sites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Sites other than the homepage; or otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.
We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
7. Reliance on Information Posted and Disclaimer of Warranties
The information presented on or through the Sites is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites, the Materials and the Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by Anthem. TO THE FULLEST EXTENT PERMITTED BY LAW, ANTHEM AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ANTHEM DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR THAT ANY PARTICULAR RESULT BE OBTAINED THROUGH USING THE SITES, THE MATERIALS OR THE SERVICES. Without limiting the foregoing, we do not represent or warrant that the Sites, the Services or the Materials are accurate, complete, reliable, useful, timely or current or that the Sites will operate without interruption or error. We assume no responsibility, and are not liable for, any damages to your computer equipment, data or other property on account of your access to, use of, or browsing on the Sites, or inability to do any of the foregoing.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation of Liability
Your use of the Sites, Services, and Materials are undertaken at your own risk. Under no circumstances will Anthem or any directors, officers, employees, agents, contractors and suppliers of Anthem, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the Sites, the Services, the Materials, or any consequences flowing therefrom. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE ENTIRE LIABILITY OF ANTHEM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO ANTHEM FOR ANY OF THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT THAT ANTHEM CANNOT DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, THE EXTENT OF ANTHEM’S LIABILITY SHALL BE THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.
If you are dissatisfied with the Sites, the Services, the Materials, or with this Agreement, your sole and exclusive remedy, except for remedies that are otherwise expressly provided, is to discontinue using the Sites, the Services, or the Materials, as applicable.
9. Indemnification
You shall indemnify and save harmless Anthem and all directors, officers, employees, agents, contractors and suppliers of Anthem from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of your use of the Sites, the Services, or the Materials or your breach of this Agreement.
10. Governing Law and Courts
This Agreement and your use of the Sites will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You further acknowledge that despite being available from a variety of jurisdictions, the Site will be deemed solely based in the Province of British Columbia, Canada; and that the Sites will be deemed to be passive in nature and not giving rise to personal jurisdiction over Anthem in jurisdictions other than the Province of British Columbia. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Sites and this Agreement. Nothing in this Agreement precludes Anthem’ application for injunctive remedies or other urgent legal relief in any jurisdiction.
11. Severability; Waiver
If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
12. Survival
The following sections shall survive termination of these Terms: Sections 3, 4, 5, 7, 8, 9, 10, 11, 12 and 13, as well as any section which, by its nature survives termination, shall survive termination of these Terms and your cessation of use of the Site, or the Services.
13. Entire Agreement
This Agreement constitutes the entire agreement between you and us relating to your use of the Sites, the Services, and the Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (each, a “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Site. Your continued use of the Sites following notice of such change means that you accept the amendments.
Questions about the Sites, or regarding your rights and responsibilities under this Agreement, can be directed to info@anthemproperties.com.
Last modified: November 5, 2024