Terms of Use

TERMS OF USE

Welcome to the website (the “Site”) owned and provided by UBC PROPERTIES TRUST (“UBC Properties”, “we”, “us” or “our”). BEFORE YOU CAN USE THE SITE, YOU MUST READ, UNDERSTAND AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE, ALL POLICIES AND TERMS INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. Your access to, and use of, this Site is expressly conditioned on your acceptance without modification of the following Terms of Use. By using this Site, you signify your acceptance of these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this Site.

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective upon the posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Term of Use and applicable policies from time to time to understand the terms and conditions that apply to your use of the Site.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us. All questions or comments about the Site or its contents should be directed to [email protected]. 

  1. INCORPORATED POLICIES OR TERMS

We believe strongly in protecting user privacy and providing you information regarding the processing of personal information collected from the Site. Therefore, we have adopted a Privacy Policy (to be linked) that you should refer to in order to fully understand how we use and collect personal information. 

  1. INTELLECTUAL PROPERTY

All content included on this Site is the property of UBC Properties and/or our various third-party providers and distributors, and is protected under the intellectual property laws of Canada and other jurisdictions. None of the content found on this Site may be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified in any form or by any means, without the express written permission of UBC Properties and/or its third-party providers and distributors. 

The term “Content” as used in these Terms of Use includes any text, graphics, images, photographs, videos, designs, trademarks (including logos), audio, software, data compilations, and any other form of information capable of being stored in a computer, and the selection and arrangement of the foregoing that appears on or forms part of this Site.

Certain trademarks, service marks, and logos displayed on this Site are either trademarks of UBC Properties, The University of British Columbia, or other entities, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks displayed on the Site, without the prior written permission of the respective trademark owner(s).  

  1. USE OF SITE

We grant you a limited license to use this Site strictly for informational purposes only. You shall not use this Site for any other purposes. Without limiting the generality of the foregoing, such license does not include: (a) any resale or commercial use of the Site or any Content posted on the Site; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site or its Content; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of UBC Properties or any third party.

This Site and the Content may not be reproduced, republished, distributed, displayed, posted, transmitted, sold, transferred, or modified without our written permission, except that you may download, display and print the materials presented on this Site for the licensed purposes only; provided that you may not, without the permission of UBC Properties or the respective copyright owner, (a) copy, publish, or post the materials on any web site, computer network or broadcast or publications media, (b) modify the materials, and (c) remove or alter any copyright, trademark and other proprietary notices contained in the materials. Unauthorized use of this Site and/or the materials presented on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.

You may not, without our express written permission, use, frame or utilize framing techniques to enclose any Content, trademark, logo or other proprietary information (including the images and animation), or the content of any text or the layout/design of any page or form contained on a page found at this Site. Further, you may not use any meta tags or any other “hidden text” utilizing one of our names, trademarks, or product names without our express written consent. 

  1. AGE AND RESPONSIBILITY

You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of your use of this Site. You shall be fully responsible for any consequences resulting from your use of the Site.

  1. TERMINATION

You agree that we, in our sole discretion, may terminate your use of the Site, or restrict your access to any component of this Site, for any reason including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the Terms of Use or applicable laws or regulations. We may also, in our sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of access to the Site under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that we may immediately bar any further access to the Site. Further, you agree that we shall not be liable to you or any third party for any termination or restriction of access to the Site.

  1. DISCLAIMERS AND EXCLUSIONS OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. UBC PROPERTIES MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SUITABILITY OF THE MATERIALS, CONTENT OR INFORMATION ON THIS SITE FOR ANY PURPOSE. THE SITE, CONTENT AND INFORMATION ON THIS SITE ARE PROVIDED BY UBC PROPERTIES ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED. UBC PROPERTIES SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE, ANY CONTENT AND INFORMATION ON THIS SITE, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. UBC PROPERTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AND INFORMATION ON THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. 

IN NO EVENT SHALL UBC PROPERTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE INFORMATION OR CONTENT ON THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED BY US TO UNDERTAKE YOUR OWN DUE DILIGENCE WITH RESPECT TO THIS SITE. 

  1. LIMITATION OF LIABILITY

YOU AGREE THAT UBC PROPERTIES, OUR DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT, ACCESS TO OR USE OF THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

  1. INDEMNIFICATION

You shall indemnify, defend and hold harmless UBC Properties and our respective officers, directors, employees, consultants, representatives and agents from and against any loss, liability, claim, cause of action, demand, damages, costs or expenses including, without limitation, reasonable legal, accounting and other professional fees, brought by or on your behalf in excess of the liability described herein or by third parties arising from or in connection with your use of this Site, including but not limited to any violation by you of the Terms of Use. We reserve the right to assume the exclusive defense and control of any matter, subject to indemnification by you, which shall not excuse your indemnity obligations.

  1. LINKS

This Site may contain links to other web sites which are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation, or verification by us of the linked web site or information contained therein. We shall not be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk.

  1. SUBMISSIONS

All information submitted to us via the Site shall be deemed and remain our property, and we shall be free to use, for any purpose, any ideas, concepts, know-how or other techniques contained in information provided to us through the Site or sent through e-mail. We shall not be subject to any obligations of confidentiality regarding any such information submitted to us. The Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forgery. We will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to us through the Internet, or that you expressly or implicitly authorize us to make, or for any errors or any changes made to any transmitted information. 

  1. INTERFERENCE 

In using the Site, you agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not use any robot, spider, other automatic device, or manual process to impose an “unreasonable or disproportionately large load” on our infrastructure, that may prevent or restrict other members of our community from gaining fair and equitable access to web-based systems and resources. 

  1. RELATIONSHIP

The relationship between UBC Properties 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 this Terms of Use or use of this Site.

  1. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the Province of British Columbia, Canada without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the courts located in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of this Site and these Terms of Use. 

  1. ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

  1. SEVERABILITY

These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. HEADINGS

The headings used in the Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

  1. ENTIRE AGREEMENT

These Terms of Use, together with those documents incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and it supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.