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CF Guest List - Terms of Service

 

Last Updated: July 22, 2020.

 

The following terms (“Terms of Service”) and the Privacy Policy govern your access and use of CF Guest List (“CF Guest List”).

 

These Terms of Service may be updated frequently, and we encourage you to review them each time you use CF Guest List. 

 

By accessing and using CF Guest List, you agree to be bound by all the Terms of Service set forth herein.  If you do not agree with these Terms of Service, your sole recourse is to discontinue use of CF Guest List immediately.  Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

 

About CF Guest List
Ownership / Restrictions on Use
Licence to Use
Code of Conduct
Third-Party Websites and Services
No Warranties
Limitation of Liability
Indemnification
Minors
Choice of Law and Forum
General
Changes & Termination
Third Party Content

 

 

About CF Guest List

CF Guest List provides you with a convenient way to visit your local retailer, including reserving a time to visit your favorite store, scheduling a time for curb side pickup, and more.

 

Ownership / Restrictions on Use

CF Guest List is operated by Cadillac Fairview. All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content or any description available on CF Guest List or available via a link from the site to a page created by Cadillac Fairview on another website (collectively, the "Content"), are the sole property of Cadillac Fairview and/or its licensors and/or its partners. All Content is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws.  

 

© The Cadillac Fairview Corporation Limited.

 

Use of the Content for any purpose not expressly permitted in these Terms of Service or otherwise consented to by Cadillac Fairview is prohibited. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Cadillac Fairview. 

 

 

Licence to Use

CF Guest List is licensed, not sold. We grant you a non-exclusive, non-transferable, limited licence to install CF Guest List on any single mobile device, tablet, or similar technology solely to be used in connection with our services for your private, personal, use. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our service providers. You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble the site in whole or in part, including any attempts to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the site. You may not use or export or re-export the CF Guest List or its content except as permitted under the laws of Canada and the United States and the laws of the jurisdiction in which CF Guest List was obtained.

 

 

Code of Conduct

You agree to abide by all applicable federal, provincial, territorial and other laws and regulations.

 

In addition, without limiting the foregoing, you agree not to use CF Guest List to share any content or to communicate with Cadillac Fairview, in any manner that:

  1. infringes or violates the rights of any other party (including but not limited to trademark, patent, copyright, publicity or other proprietary rights);
  2. (b)is unlawful, fraudulent or deceptive, or harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
  3. (c)constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  4. (d)for the purpose of misleading others, causes the creation of a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Visitor Serivce;
  5. (e)impersonates any person or entity, including, but not limited to, a Cadillac Fairview employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  6. (f)causes the upload of any content that contains any form of destructive software;
  7. (g)uses any robots, spiders, or similar data mining tool to access, acquire, copy, or monitor any portion of the site;
  8. (h)copies, modifies, creates a derivative work of, reverse engineers, decompiles, or otherwise attempts to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the site;
  9. (i)attempts to gain unauthorized access to CF Guest List, other computer systems or networks connected to CF Guest List;
  10. (j)takes any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
  11. (k)interferes with or disrupt networks or servers connected to CF Guest List; or
  12. (l)facilitates or encourage any of the above conduct.
 

 

Third-Party Websites and Services

We may offer links on CF Guest List to websites owned and operated by third parties, such as certain retail stores or other partners. We provide these links as a convenience. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third party websites. You assume full responsibility for your use of third party websites. Such websites may be governed by terms and conditions different from those applicable to CF Guest List, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

 

We may also offer links to Content created by us and available on other websites. If you link to that Content you are responsible for ensuring that you comply with the terms of use applicable to those websites while you are visiting them.

 

 

No Warranties

Although we strive to update and keep accurate as much as possible the Content contained on CF Guest List, errors and/or omissions may occur.

 

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING THE CF GUEST LIST. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

YOUR USE OF CF GUEST LIST IS AT YOUR OWN RISK. CF GUEST LIST IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE CF GUEST LIST WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO CF GUEST LIST WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT CF GUEST LIST IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CADILLAC FAIRVIEW DISCLAIMS ALL WARRANTIES WITH RESPECT TO CF GUEST LIST, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

 

 

Limitations of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

UNDER NO CIRCUMSTANCES WILL CADILLAC FAIRVIEW BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE CF GUEST LIST. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CADILLAC FAIRVIEW DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE CF GUEST LIST.

 

 

Indemnification

By using CF Guest List you agree to defend, indemnify and hold harmless Cadillac Fairview, its licensors, affiliates, contractors, agents and partners and their respective employees, officers, directors, contractors, agents and partners from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable legal fees and other legal expenses, whether in tort, contract or otherwise, relating to or arising out of your use of CF Guest List, connection thereto, or any alleged violation by you of these Terms of Service.

 

 

Minors

You should be at least thirteen (13) years old to use CF Guest List and you should have your parent’s or legal guardian’s consent if you are under the age of majority in your province or territory of residence. Cadillac Fairview reserves the right to confirm such consent at any time and to discontinue your use of CF Guest List should such consent not be granted.

 

 

Choice of Law and Forum

Not applicable in some jurisdictions, including Quebec. These Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. You agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue. By using CF Guest List, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.

 

General

These Terms of Service constitute the entire agreement between you and Cadillac Fairview with respect to your use of CF Guest List. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.

 

 

 

Changes & Termination

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, CF Guest List (or any part thereof) with or without notice.

 

We may amend these Terms of Service by posting revisions in CF Guest List with no additional notice to you. Please check back frequently to see the Terms of Service then in effect. Your continued access to and use of CF Guest List will constitute acceptance of the amended Terms of Service. If you do not agree with these Terms of Service, or any future amendments, your sole recourse is to cease use of CF Guest List.

 

If you have any questions regarding these Terms of Service please contact digital@cadillacfairview.com.

 

 

 

Third Party Content

CF Guest List contains proprietary materials, such as images, texts, or logos, from third parties ("Third Party Content"). CF Guest List Content is provided "as-is" and you agree that Cadillac Fairview, or the Third Party Content rightsholder, is not responsible for the accuracy, validity or completeness of CF Guest List Content.