Welcome to OpenForm’s websites, including mobile versions, social media pages, and development project websites (collectively, the “Site”)! These terms of use (“Site Terms”) apply to your use of the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with OpenForm, including for the purchase of specific property or any other products or services.

“OpenForm”, “we”, “us” and “our” refer collectively to OpenForm Properties Ltd., its parents, affiliates, and subsidiaries, and including the separate legal entities that are the developers of properties and projects.

BY ACCESSING, BROWSING, AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS, AND ANY SUBSEQUENT CHANGES TO THEM. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT CHANGES, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE SITE.

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Site information

Information on the Site, including information relating to construction methods, pricing, availability, floor-plans, features, project designs, and specifications, is provided for general information purposes only, does not necessarily apply in all cases, and is subject to change at any time without notice. Please contact OpenForm or its sales and marketing representatives to obtain current information. It is your responsibility to independently verify information that you may obtain from the Site. The material and information on the Site is not provided for the purpose of professional or legal advice. Potential purchasers should seek professional or legal advice and complete their own independent investigations prior to any purchase.

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OpenForm reserves the right to change any and all content contained on the Site at any time without notice. Reference to any products, services, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by OpenForm.

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Sales of Properties

The information on the Site is not to be considered an offer to sell or rent property, nor to constitute a solicitation, promise or commitment by OpenForm. Individual properties are developed, constructed, offered for sale, sold, and warranted only by the specific legal entity that is the developer of the property. The purchase of any property shall be governed by the terms and conditions set out in the applicable purchase agreement.

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License and Site Access

OpenForm grants you a limited license to make use of the Site and its contents for your personal purposes (if you are a consumer) or your internal business purposes (if you are a business). You may view, download and print-out web pages and content from the Site for these permitted purposes but may not otherwise copy, modify, or use the Site or its contents. You may use the Site only for lawful purposes.

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Any unauthorized use of the Site will terminate the license granted by these Site Terms and may violate applicable law including copyright laws and trademark laws.

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Eligibility

You must be at least 18 years of age (or the legal age of majority, whichever is greater) to use the Site or, if you are under 18 years of age (or the legal age of majority, whichever is greater), you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Site Terms. If you are a parent or legal guardian of a user under the age of 18 (or the legal age of majority), you agree to be fully responsible for the acts or omissions of such user in connection with the use of the Site. If you are using the Site on behalf of another person or entity, you represent that you are authorized to accept these Site Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Site Terms.

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Privacy Policy

OpenForm believes strongly in protecting user privacy and providing you notice of OpenForm’s collection, use, and disclosure of data, including personal information, collected from the Site. Therefore, OpenForm has adopted a Privacy Policy that you should refer to understand how OpenForm collects, uses, and discloses personal information.

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Discussion Forums and Interactive Areas

The Site may include discussion forums and interactive areas, such as suite design options and selection of suite upgrades. By using the forums or interactive areas, you make the following commitments: (a) you will not post advertising or commercial solicitations without our permission; (b) you will not post content or conduct activity that is unlawful, defamatory, pornographic, indecent, harassing, threatening, violent, false, or misleading; (c) you will not infringe another’s privacy rights; (d) you will not infringe another’s patent, trademark, trade secret, copyright or other intellectual rights; (e) you will not impersonate anyone or otherwise misrepresent your affiliation with anyone; and (f) you will not upload viruses or malicious software.

You are solely liable for the content you post. You are responsible for any rights clearances needed for the content you post. We assume no liability for content posted by you or any other user. Nothing we communicate with you using the interactive functions of the Site will be considered a legal agreement, representation, or warranty, nor will it alter any agreement we may have with you regarding any property or any other products or services.

We assume no obligation, but we reserve the right, to monitor users’ postings on the Site and to screen, edit or remove user postings.

Online tools in the interactive areas of the Site are only for general information purposes. We do not guarantee their accuracy or applicability to your circumstances.

We do not claim ownership of content that you post on the Site, however, by posting content you agree that it is non-confidential and grant us a non-exclusive, royalty-free, transferable and sublicensable license to use, modify, publicly perform, publicly display, reproduce, and distribute the content on the Site. You may delete your content from the Site where the functionality permits, but you understand that we will not have any ability to retrieve or delete any content that has been already shared by other persons outside of the Site, and that content will persist in back-up copies.

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Third Party Social Networks

For our social media pages on third party social media networks (“Social Networks”), the terms of use and policies of the Social Networks also apply. We assume no liability for the Social Networks’ acts.

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Security of Communications

We provide opportunities on the Site for you to send us an email, however, we discourage you from sending us sensitive or confidential information by email because this is neither a secure nor a confidential method of communication. If you send us email via the Site, we may respond to you by email as well and you agree that we will not be not liable for the loss, interception, misuse or alteration of any information sent by email.

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Mobile Use

If you access the Site using a mobile device (e.g., a mobile phone or tablet), you might incur internet access and mobile data service fees from your service provider – such fees are your responsibility, not ours.

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Intellectual Property; Resctrictions

The copyright, trademarks, and other intellectual property in the Site and its contents are the property of OpenForm or third parties. Except as expressly set out in these Site Terms, your use of the Site does not grant you any right to use OpenForm’s or any third party’s copyright, trademarks, or other intellectual property, all of which remain the property of their respective owner.
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You will not:

(a) use any data mining, robots, or similar data gathering and extraction methods to access the Site;

(b) frame any pages or content found at the Site without our express written consent;

(c) reverse engineer, de-compile, disassemble, or attempt to discover the source code of the Site; or

(d) willfully probe, tamper with or breach the security of the Site.

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Linked websites

OpenForm makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Site, or websites linking to the Site. The linked websites are not under the control of OpenForm and OpenForm is not responsible for the content of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. OpenForm is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by OpenForm of the website or any information contained therein. When leaving OpenForm’s Site, you should be aware that OpenForm’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that website.

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Disclaimers

“AS IS” BASIS. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND ITS CONTENTS IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. OPENFORM DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. OPENFORM DOES NOT REPRESENT OR WARRANT THAT CONTENTS IN THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. OPENFORM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE OPENFORM ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, OPENFORM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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Limitation of Liability

IN NO EVENT SHALL OPENFORM, ITS OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR ITS CONTENTS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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IF YOU ARE DISSATISFIED WITH THE SITE OR ITS CONTENTS, OR WITH THESE SITE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

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Press Releases

The information contained within press releases issued by OpenForm should not be deemed accurate or current except as of the date the release was posted. OpenForm has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.

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Termination

OpenForm reserves the right, without notice and in its sole discretion, to terminate access to and use of the Site, and to block or prevent future access to and use of the Site.

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Miscellaneous

(a) We have the right to change these Site Terms. If we do so, we will post revised Site Terms and the date of the revision. Your continued use of the Site will constitute your acceptance of the revised Site Terms.

(b) These Site Terms are governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts of law rules that would apply a different body of law. The parties irrevocably consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, British Columbia in all disputes arising out of or relating to these Site Terms and waive any jurisdictional or venue defenses otherwise available. However, nothing herein precludes either of us from applying for injunctive remedies or other urgent legal relief in any jurisdiction.

(c) You may not assign any of your rights under these Site Terms. We may assign and transfer all our rights and obligations under these Site Terms without restriction.

(d) If any provision of these Site Terms is found to be unenforceable, the remainder of the Site Terms will remain in full force and effect.

(e) If we fail to enforce any provision of these Site Terms, that will not operate as a waiver.

(f) These Site Terms make up the entire agreement between you and us regarding the use of the Site and its contents, and supersede any prior agreement.

(g) No modification or waiver of any provision of these Site Terms will be effective unless in writing.

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