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Tricon
Terms of Use

Last updated: January 16, 2020

PLEASE READ THE FOLLOWING TERMS OF USE (THESE TERMS OF USE TOGETHER WITH TRICON’S PRIVACY POLICY SHALL BE REFERRED TO COLLECTIVELY AS THE “TERMS OF USE”) CAREFULLY BEFORE USING THE SITE, SINCE ANY USE OF THE SITE AND ANY SERVICES, ACTIONS OR PRODUCTS OFFERED ON THE SITE (COLLECTIVELY, THE “SERVICES”), INCLUDING ITS PAYABLE SERVICES, ARE SUBJECT TO THESE TERMS OF USE.

References to “Tricon” or “we” in these Terms of Use refer to, collectively, Tricon and its affiliates.

 SECTION 1
THE SITE

This website (the “Site”) is owned and operated by Tricon Capital Group Inc. or one of its affiliates and/or subsidiaries (“Tricon”). 

SECTION 2 This Site uses the RENTCafé technology platform, which is owned and operated by Yardi Systems, Inc.  To access the Terms of Service of RENTCafé, please visit: https://resources.yardi.com/legal/rentcafe-terms-of-service/.
ACCEPTANCE OF TERMS OF USE AND PRIVACY POLICY


2.1 These terms of use apply only to your access to and use of the Site.  Yardi has its own terms of use for using RENTCafe which you should read and agree to before proceeding. As well. Tricon has additional terms of use relating to its own website.

2.2 You must be the age of majority to use the Site. Tricon accepts no information from minors.

2.3 By using The Site, on any medium in all forms, whether known or to be developed, you hereby acknowledge having read and understood these Terms of Use and, accordingly, you agree to abide by them as well as any future amendments which may be made. These Terms of Use, together with our Privacy Policy constitute a binding agreement between you and Tricon.

2.4 Tricon
reserves the right, at its sole discretion, to make changes to these Terms of Use, at any time, without prior notice. Any amendments to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any amendments. Your continued use of the Site after any amendments indicates your acceptance of the modified Terms of Use. Please refer to the date specified by “Last update” indicated at the top of the present Terms of Use to verify the effective date of the last amendments.

2.5 If you do not agree to be bound by these Terms of Use, or are not authorized or do not have legal standing to agree with any of the Terms of Use, you may not access or use the Site. Should you consider any future amendments made to these Terms of Use to be unacceptable, you must immediately cease using the Site. Your continued use of the Site after any such amendments are announced shall constitute your acceptance of such amendments.

2.6 By using the Site, you represent and warrant that you have either reached the age of majority in the jurisdiction in which you reside, or possess legal parental or guardian consent and thus, authorize a minor to navigate on the Site, or use of any application thereto, you expressly recognize being responsible for his/her actions, acts and consequences for any breach of the terms, conditions, affirmations, representations and warranties included in these Terms of Use. Anyone who has not reached the age of majority in the province or territory in which he/she reside must obtain parental or guardian consent prior to using the Site and for the submission of any credit card information or personal information when placing an order. If you are using our The Site on behalf of a business, that business accepts these Terms of Use, and you represent and warrant that you are authorized to bind such business.

2.7 ANY FAILURE ON YOUR PART TO COMPLY WITH THESE TERMS OF USE MAY LEAD TO THE CANCELLATION OF YOUR USER ACCOUNT AND THE PRIVILEGES RELATED THERETO.
SECTION 3
3.1 For any information on Tricon’s collection, use, and disclosure of personal information, please consult our Privacy Policy, which is available at: https://www.liveatpalmvalley.com/privacypolicy.aspx?Each time you use our Services, you consent to the collection, use and disclosure of personal information by Tricon in accordance with our Privacy Policy, as amended from time to time.

3.2 Tricon’s
privacy policy, linked [here] are integrated into these Terms of Use, and should be read and agreed to prior to proceeding.
4.1 Tricon reserves the right, at its sole discretion, to modify, suspend, limit the Services or terminate any item contained in its The Site, at any time, including the availability of any content, function or database. Tricon may also impose limits on certain items or restrict the access to certain sections of its The Site without prior notice and without incurring any liability. Tricon reserves the right, at its sole discretion, to correct any errors or omissions contained in one of its The Site, at any time without prior notice.
 
5.1 During the registration to a user’s account on the Site, you may be asked to select a password and user name. If you register, you agree to provide us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. You may not: (i) select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or to make false representations, (ii) use a user name that is subject to any rights of a person other than yourself without appropriate authorization, (iii) use a password or user name that Tricon considers offensive, at its sole discretion or (iv) create a user name for a third party or group of individuals.

5.2 You are responsible for maintaining the confidentiality of your password and user name. You should notify Tricon as soon as possible by email [email protected] of any unauthorized use of your user account which you suspect or become aware of, or of any known or suspected breach of security.

5.3 You are responsible for any use of your user accounts on the Site. You are responsible for all activities that occur under your user name and shall ensure that you sign out from your account at the end of each session in the Site. Tricon cannot be held liable for the unauthorized use of your user account or for any loss or damage arising among others as a result of your non-compliance with the security measures mentioned in this section.

5.4 You are responsible for updating your user account information on the Site and you have to remove any invalid information in order to prevent communications from being sent to the wrong person.
 
5.5 Due to the difficulties to make true and accurate authentication of a user’s information on the Internet, Tricon makes no representation regarding the identity of its users. In case a conflict arises between you and one of Tricon’s users, you agree that in no event shall Tricon (including its officers, directors, employees, agents) be held liable for any loss, claims, damages or actions arising, directly or indirectly, from any acts or omissions related to such conflict.
 
SECTION 6
ONLINE COMMERCE WITH THIRD PARTIES

 
6.1 As a user of the Site, you may receive various communications on products and services from third parties displayed on the Site. Through your use of the Site, you may have the opportunity to engage in commercial transactions with third parties.

6.2 Certain elements of the Site may comprise third-party services and platforms allowing Yardi or other third parties to process payments, undertake background an credit checks, and provide other services. Such third parties are solely responsible for fulfilling the terms of their offers, and Tricon shall in no event be responsible for any action or non-action taken by such third party.

6.3 Any services provided by these third parties as well as any correspondence, advertisement, purchase or promotion in relation to a third party, including, without limitation, the delivery of and the payment for, third-party products and/or services, and any other term, condition, warranty or representation associated with such correspondence, advertisement, purchase or promotion, is solely between you and such third party.

6.4 Tricon
makes no representations or warranties and does not provide or guarantee any advice regarding the work, action or inaction of the third party nor with regard to the suitability or potential value of any particular product or service or promotional offer of third parties. Tricon does not control the content created by third parties and makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Site.

6.5 Tricon
cannot guarantee that goods or services advertised on the Site will be available on any terms and conditions (including price) described on or through the Site at any time. You agree that all such transactions are at your own risk. Tricon declines any liability towards such transaction with third parties.

6.6 In no event shall Tricon be liable, directly or indirectly, to anyone for any transaction entered into with third parties in connection with such products, services or other materials for any damages or liability from such services or related thereto. In case a conflict arises between you and a third party, you agree that in no event shall Tricon (including, without limitation, its officers, directors, employees, agents) be liable for any loss, claims, damages or actions arising from any acts or omissions related to such conflict.
7.1 All communications and materials which are submitted to the Site are public and not private. As a user, you are liable for any and all damages resulting from your usage of the Site, any and all communications or transmissions you may display. You agree to abide to the following rules:
 
7.1.1 Use polite language. Objectionable or offensive language will not be tolerated at any time. In addition, no one may keep or submit defamatory, obscene, tortious, pornographic, sexist, racist, homophobic, abusive, inappropriate, disgraceful, unreasonable, violent, religiously-charged, immoral or illegal, or content in violation of third-party rights.
 
7.1.2 Be courteous. No one may make threats or incite anyone else to violence or hatred. It is also prohibited to deliberately disturb any discussion with repetitive messages, unfounded messages or spamming.
 
7.1.3 Discuss but do not attack. In an open discussion where there are many different opinions, people often disagree. Tricon encourages lively discussions and debates on the Platforms. Personal attacks are strictly prohibited.
 
7.1.4 Commercial Purposes, Infringement, Self-Promotion. No one should use the Platforms to promote or offer for sale any good or service for a commercial purpose, or conduct or send any study, contest, pyramid scheme or chain letters, spamming, or engage in any hacking, solicitation or any other act for illegal purposes. Any acts which may infringe another person’s rights or the enjoyment of the Platforms are also prohibited. It is further prohibited to use the Site for self-promotion or to upload content for commercial purposes without Tricon’s prior consent.

7.2 By using the Site, you acknowledge and agree not to submit or upload any virus, bug, malware or any harmful computer code, program or file to the Site.

7.3 Tricon
offers you the possibility to submit and display certain content such as articles, hyperlinks, text, data, software, music, sounds, photographs, images, videos and other types of materials (collectively your “Material”). You remain at all times responsible for the Material you upload, share or copy on the Platforms or in relation to the Service. You represent that your Material is original and recognize that you own the right, title and interest in and to the copyrights in the Material or have the express permission from the copyright owner, to use the Material for all purposes related to the Service. Images and photographs that are provided to you by professional photographers or made available from the Site are protected by copyright and shall not be uploaded, shared or otherwise used in relation with the Service without the appropriate authorizations.

7.4 By using the Site, you acknowledge and agree that you remain the holder of the copyright on all Material you submit as a user to Tricon. Moreover, you acknowledge and agree that by submitting any Material to the Site, you grant to Tricon, its subsidiaries, affiliates, agents, employees, business partners, a worldwide, unlimited, irrevocable, perpetual, non-exclusive license, without any compensation whatsoever to you, to use, edit, modify, delete, reproduce, publish, distribute, adapt, translate, develop ancillary products, communicate, perform in public, archive or index, and give sub-licenses to such Material, sublicense or otherwise do any act that is subject to copyright protection. To this effect, you waive any moral right you may assert in connection with the integrity of your Material. The rights granted in this section are applicable to all media, including without limitation, all print media and digital or electronic media now known or hereafter created for the duration of the copyrights and any renewals. You agree that your name, address, email may be displayed and to communicate the material which shall be considered as not confidential. You acknowledge and agree that you are personally liable for the content of your Material, articles or other content submitted on the Site, and for the consequences thereof.

7.5 You agree not to use any Material that is offensive to the online community, such as content that (i) promotes racism, defamatory, obscene, threatening, abusive, hateful or physical harm of any kind against any group or individual; (ii) is harassing of a person or any comment violating the right to privacy or image; (iii) involves the transmission of spam, junk mail, chain letters or unsolicited mass mailing or business advertisement; (iv) promotes false, libelous, misleading, illegal activities or conduct that is abusive; (v) makes available Material that contains or will contain any disabling mechanism to prevent its use including any virus, worm, Trojan horse routine, trap door, time bomb or any other instructions that may be used to damage, distort, delete, or disable the Material or any Services on any the Site. You agree not to have any activities related to the listing of end users on the Site.

7.6 Tricon
reserves the right, but is not obligated to, investigate, monitor, edit, delete or disclose any Material transmitted by a user on the Site. Furthermore, Tricon reserves the right, at its sole discretion, not to publish, to delete, to filter, to investigate on claims, to edit or to withdraw any Material, in whole or in part, transmitted by a user on any of its The Site, for any reason whatsoever, without prior notice. This remains an option and not an obligation. Tricon reserves the right to investigate any violation of the Terms of Use and can request the support of authorities in charge of the law application to collaborate with them for the purpose of engaging into legal lawsuits against users that may be involved in such violations.

7.7 Tricon
makes no representation regarding the control over the material available on its The Site. Tricon is not and may not be held liable for the accuracy, legality or the compliance with the intellectual property rules or with the Terms of Use of any Material provided by its users.
 
8.1 Please remember that the Site is owned by Tricon’s service provider Yardi. As such Tricon does not have complete control over the links to other third-party sites. To facilitate your navigation, the Site contain hyperlinks or other links to Internet sites managed by third parties. By activating these links, you may have to leave the Site. Tricon has no control over The Site owned by third parties. These sites are managed entirely by third parties, and Tricon cannot make any representation whatsoever on the quality or overall content thereof nor regarding the quality of the products offered or the security of performing transactions on the sites in question.

8.2 The fact that third-party sites are identified on the Site should not imply an endorsement by Tricon of such third-party sites or and any content therein and does not incur its liability in any way. In no event shall Tricon be liable, directly or indirectly, for any damage or loss arising from or relating to any use on any linked third-party site. All complaints about third-party sites should be addressed directly to the administrators of those sites.

8.3 Unless otherwise approved in writing by Tricon, any reproduction of a hypertext or hyperlink from a Tricon’s Website to a third party’s website shall be subject to the following criteria: (i) the look and feel, position and other visual aspects of the link shall not damage or dilute the goodwill associated with a trademark or trade name registered or not by Tricon, (ii) the link must not create a false confusion that the third party is associated with or sponsored by Tricon (iii) the link shall open into a new browser window and shall link to the full version of an HTLM formatted page of the pertinent internet site owned by Tricon. Tricon reserves the right to revoke, at its sole discretion and at any time, the display of the link and to remove it, without further notice.
 
9.1 By using the Site, you acknowledge and agree that you are personally responsible for your behavior on the Site. You hereby further agree to indemnify, defend and hold Tricon, its subsidiaries, affiliated companies, and each of their respective officers, shareholders, employees, agents and service providers, harmless from and against any and all monetary direct or indirect, damages in principal and interest, legal and extrajudicial costs and any other damages, including, without limitation, all legal costs incurred by Tricon related to any claim, proceeding, action or notice of demand (the “Claim”) related to (i) images or other content that you upload or post on a Website (ii) any violation of these Terms of Use, Privacy Policy and/or any terms of use entered into between you and Yardi that relates to the Site; (iii) your negligence or willful misconduct; or (iv) your violation of any rights of another person. Tricon reserves the right, at its sole discretion, to participate in the litigation of such claims and to be represented by a lawyer of its choice. You agree not to settle any third-party Claims without the consent of Tricon, which shall not be unreasonably withheld by Tricon.
 
10.1 The Site, the material and information provided and any Services offered through the Site are provided on an “as is” and “as available” basis. To the extent permitted by applicable law, Tricon, its subsidiaries, affiliated companies, business partners, licensors, employees, agents and any third-party content providers, disclaim any and all warranties or liabilities, whether express or implied, arising by operation of law or otherwise, with respect to this Internet Site, including, but not limited to, any implied warranties of property, quality, convenience, merchantability and fitness for a particular purpose, usage, availability, validity, accuracy, sufficiency, reliability, integrity, implied warranty of non-infringement or the operation of a Website in a secure way without any interruptions, errors, default, corrections, the absence of virus or any element damageable in the Site. Without limiting the foregoing, Tricon does not warrant the completeness of the content provided on its The Site or of any results from the searches executed on the Site.

10.2 Tricon
shall not be liable for any errors that may be found on the Site. Tricon and any third party providing content on the Site, its affiliated companies, officers, employees and agents, shall not be liable for any loss of use, loss of data, loss of income or profit, loss of revenues, or for any act, error, omission in the Site. In no event shall Tricon can be held liable for any loss, damage (including, without limitation, any indirect, compensatory, incidental, direct, special, punitive, or consequential damages), arising out of the use of (including the sale of any products and services offered on Tricon’s The Site), access to, availability or not of the Site. In no event shall Tricon’s aggregate liability to you for all damages or Claims relating to the Services (including any products or services purchased, directly or indirectly, through the Services) exceed the lessor of (i) $50; and (ii) the amounts paid by you to Tricon in the 6 months prior to the bringing of any claim.

10.3 By using the Services and its content, you acknowledge and agree that the submission of any digital content to Tricon, and the upload of any information or material through the Site is done entirely at your own risk, and that you will be solely responsible for any loss or damage to your information or material or any damage to your electronic system or any loss. You are solely responsible for creating back-ups of your digital content. Tricon cannot be held liable for the suppression of any content.

11.1 Tricon
can, at its sole discretion and at any time, without prior notice, cancel or suspend, in whole or in part, your user account on its The Site, for any reason whatsoever, including, without limitation, your non-compliance with these Terms of Use.
 
12.1 These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such determination shall not affect the validity and enforceability of any other remaining provisions of the present Terms of Use or the validity and enforceability of such provisions in any other jurisdiction.
13.1 By using the Site, including any order or purchase made through an Internet Site owned by Tricon, you acknowledge and accept that the Terms of Use shall be governed solely by the laws of the Province of Ontario and applicable federal laws of Canada. Any disputes arising from or related to these Terms of Use, your use of the Site as well as all related matters, shall, to the extent permitted by applicable law, be brought before the Courts of the City of Toronto, Province of Ontario.

13.2 The parties have required that these Terms of Use and all documents and notices resulting from it be drawn up in English. Les parties aux présents ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soit rédigés en la langue anglaise.
 
​​​​​​SECTION 14
TO COMMUNICATE WITH US ABOUT THESE TERMS OF USE

14.1 Should you wish to report any violations of the Terms of Use or any infringement to intellectual property rights arising from or related to the materials contained on the Site, or any other communications, you can contact us at the following address:

Mail:
Tricon Capital Group Inc.

Attention: Privacy Officer

7 St. Thomas Street, Suite 801

Toronto, ON M5S 2B7

Email:
[email protected]triconcapital.com