Website Terms of Use

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.
Acceptance of these Terms of Use and any Revisions Thereto
Livita Retirement Residences (“Livita”) provides this website (the “Website”) to you (“You”) subject to your acceptance of the following terms and conditions of use (these “Terms of Use”). By accessing or using the Website You agree to be bound by these Terms of Use without limitation or qualification. If You do not agree to be bound by these Terms of Use, You must not access or use the Website any further.
Livita may, at any time, without notice or liability, revise these Terms of Use by updating this posting. You should periodically revisit this posting to review any revisions to these Terms of Use. If any revision is not acceptable to you, you must cease accessing and using the Website. If You continue to access or use the Website after any revisions are posted You will be deemed to have accepted those revisions.
Use and Restrictions
You may access and use the Website and the information, features and services thereon, including any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and the “look and feel” of the Website (collectively, the “Content”) only in accordance with all applicable laws and regulations and with these Terms of Use.
Subject to these Terms of Use, Livita grants You a non-exclusive, non-transferable, revocable licence to use the Website and the Content solely for your own personal and non- commercial use provided You agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content.
Except as set forth herein, You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, display, post, disseminate, distribute, publish, broadcast, transfer, transmit, perform, create derivative works from, sell or sublicense the Content without the express written consent of Livita. These prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
Livita is not responsible or liable, directly or indirectly, in any way for the accuracy, relevancy, completeness or timeliness of the Content. You agree that all risk associated with your use of, or reliance on, the Website or any Content rests with You. You further agree that Livita shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, the Website or any Content.
Intellectual Property Rights
The Website is owned and operated by Livita. The Website and all of the Content are, and at all times remain, the property of Livita, its affiliates or third-party licensors. The Website and all of the Content are protected by Canadian, United States and international intellectual property laws. You agree to abide by all intellectual property notices, information and restrictions on, or displayed with, the Content. Note that any Content owned by Livita may be subject to additional restrictions.
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Website constitute trade-marks (whether registered or unregistered), trade names or other intellectual property of Livita (the “Livita IP”) or third parties (the “Third Party IP”). Livita is, and at all times remains, the sole owner of the Livita IP. The display of the Content, the Livita IP and the Third Party IP on the Website does not convey or create any licence or other rights in any of the Content, the Livita IP or the Third Party IP. Use of any of the Content, the Livita IP or the Third Party IP, without the prior written consent of Livita, is strictly prohibited.
 
Third Party Websites and Content Linked to the Website
 
The Website may contain links to third party websites or content posted on third party websites (the “Links”). Livita provides the Links only as a convenience to help You identify and locate other Internet resources that may be of interest.
You acknowledge that in providing the Links Livita:
1.does not endorse any third party website or content accessible via the Links;
2.does not act as an editor, publisher or disseminator of any content accessible via the Links and does not control or monitor any third party website or content;
3.does not make any representation or warranty of any kind regarding the Links;
4.is not responsible, directly or indirectly, in any way for the accuracy, relevancy, completeness, timeliness or legality of any content accessible via the Links; and
5.is not responsible, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your use of, or reliance on, any of the Links.
You agree that You are solely responsible for:
1.taking all protective measures to guard against viruses and other destructive elements;
2.abiding by the terms and conditions of use and the privacy policies posted at the third party websites; and
3.evaluating the content accessible via the Links and bearing all risks associated with your use of, and reliance on, any such content.
Links to the Website on Third Party Websites 
If You want to include a link to the Website on your website (the “Third Party Link”), You must:
1.provide Livita with prior written notice describing the nature and features of your website and the proposed appearance and location of the Third Party Link; and
2.obtain the prior written consent of Livita to establish the Third Party Link and abide by any terms and conditions required by Livita as part of its consent.
Livita may at any time, in its sole and absolute discretion, revoke its consent to establish a Third Party Link, with or without cause, upon reasonable notice to You. Upon exercise of this right by Livita, You must immediately remove all of your links to the Website. If You refuse or neglect to remove all of your links to the Website, You acknowledge that such refusal or neglect will result in immediate and irreparable damage to Livita and that Livita shall be entitled to relief in the way of temporary and permanent injunctions and such other and further relief as a court may deem just and proper.
Livita is not responsible or liable, directly or indirectly, in any way for any content available on a third party website that has established a link to the Website.
Registration, Account and Password
Access to certain Content on the Website may require registration or subscription. Should You choose to register or subscribe for any such Content, You agree to provide accurate and current information about yourself as required by the relevant registration or subscription process and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for:
1.maintaining the confidentiality of any passwords or other account identifiers which You choose or are assigned as a result of any registration or subscription process; and
2.all activities that occur under your account or password.
You further agree to:
1.notify Livita immediately of any unauthorized use of your password or account; and
2.ensure that You log out of your account and close your browser window upon completing your use of the Website.
Livita shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section of these Terms of Use.
Content Supplied by Users
 
The Website may provide various services that permit You and other users to submit, upload, post or otherwise make available, and/or store, Content on the Website and that may or may not be viewed by You or other users.
You agree not to upload, post, e-mail, store or otherwise transmit any Content that:
1.defames, libels, abuses, harasses, threatens or otherwise violates the legal rights, including privacy rights, of third parties;
2.constitutes, advocates or encourages conduct that would constitute a criminal offence or give rise to civil liability, violates these Terms of Use or is otherwise objectionable, offensive, inappropriate or unlawful, as determined by Livita in its sole and absolute discretion;
3.is protected by intellectual property rights owned by third parties without the express permission from the owner or rights holder;
4.harvests, solicits or collects passwords or personal information;
5.contains a virus or other harmful component or creates a virus or other harmful component;
6.is false or misleading, impersonates another individual or entity or implies an affiliation with, or endorsement by, Livita;
7.contains advertising or which engages in commercial activities and/or sales; or contains promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation.
As a condition of transmitting Content to the Website, you agree that:
1.You acknowledge that the Website is not a secure medium for communication except where indicated;
2.You grant to Livita a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, advertise, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
3.You shall not assert any ownership right of any kind in Your communications and Content (including, without limitation, copyright, trade-mark, patent, unfair competition, moral rights, or implied contract);
4.You are solely responsible for Your Content and You acknowledge that You, not Livita, have full responsibility for Your communications and Content including but not limited to, its legality, reliability, appropriateness, originality and copyright ownership;
5.Livita may, in its sole and absolute discretion, choose to remove or not to remove any Content once posted and/or stored by users on the Website without notice, without cause and for any reason;
6.Livita may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Livita’s discretion, Livita will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Website;
7.You agree to pay for all royalties, fees, damages and any other monies owing any third party by reason of any posting and/or storage of Content by You on the Website;
8.You hereby waive the right to receive any financial or other consideration in connection with Your communications and Content including, without limitation, acknowledgement of You as the source of such communications and Content;
9.Livita will use all of Your communications and Content in accordance with Livita’s Website Privacy Policy.
Ratings and Reviews:
You agree that:
1.All of Your reviews and ratings will either be based upon (i) Your actual first-hand experiences with Livita’s properties and services You are reviewing or (ii) an individual’s first-hand experience and that individual’s actual first-hand experience with a health care or wellness provider whereby You have the legal authority to disclose such health information and experience of such individual;
2.All of Your reviews and ratings of Livita’s properties and services will be accurate, honest, truthful, and complete in all respects;
3.If You are a current or former director, officer, manager, agent or any other employee of Livita, You will disclose this fact when you review or rate;
4.You will not submit reviews that comment on other users or the reviews of other users;
5.Livita reserves the right to change, comment on, remove or delete any rating or review on its Website that Livita deems, for any reason and in its sole discretion, to be necessary;
6.The reviews and ratings that You provide do not reflect the views of Livita, its directors, officers, managers, agents, or other employees.
Disclaimers
You expressly understand and agree that:
1.The Content and the Links are provided for informational purposes only and are not intended to be a substitute for professional advice, assessment and evaluation. Any use of, or reliance on, the Website, the Contents and/or the Links is at your sole risk.
2.The Website, the Contents and the Links are provided on an “AS IS” and “AS AVAILABLE” basis and without warranties of any kind, either express or implied.
3.Livita, does not make any, and to the maximum extent permitted by law expressly disclaims all representations, warranties, covenants and conditions, express or implied by operation of law or otherwise, with respect to the Website, the Content and/or the Links, including, without limitation:
oWarranties or conditions of title and non-infringement;
oImplied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and suitability for a particular purpose;
oWarranties or conditions that the Content will be useful or meet your requirements or expectations that the Content or Website will be available, uninterrupted, timely, secure, error free, or free of defects, computer viruses or other harmful components;
oWarranties or conditions as to privacy or security; and
oWarranties or conditions arising from any course of dealing, course of performance or usage of trade, with respect to the website, the content or the links.
4.No advice or information, whether oral or written, obtained by You from Livita, or from the Website, shall create any warranty not expressly stated in these Terms of Use.
 
Limitation of Liability
 
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL LIVITA, OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, TRUSTEES, OFFICERS, EMPLOYEES AND AGENTS HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE WEBSITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THE WEBSITE, ANY CONTENT OR ANY LINKS OR FAILURE OF THE WEBSITE OR ANY LINKS (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN THE WEBSITE, ANY CONTENT OR ANY LINKS OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM THE WEBSITE OR ANY LINKS). THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EVEN IF THE PARTY LIABLE OR ALLEGEDLY LIABLE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
You expressly acknowledge that Livita is entering into these Terms of Use and is making the Website, Content and Links available to You in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the contract between You and Livita. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by Livita of your use of, or access to, the Website.
Your Representations and Warranties 
You represent and warrant that:
1.You are an individual and have reached the age of majority in the jurisdiction in which You are resident.
2.You are using the Website in a jurisdiction where access to, or use of, the Website (or any part thereof) is not prohibited or illegal.
3.You will use the Website only for your personal and non-commercial use and only as authorized by these Terms of Use.
4.You are fully able and competent to enter into, and abide by, these Terms of Use.
5.You own all Content submitted to or stored on the Website or otherwise have the right to grant the licence to Livita set forth in these Terms of Use with respect to your communications and Content.
6.The posting and/or storage of your Content on the Website does not violate the privacy rights, publicity rights, trade-mark rights, copyrights, contract rights or any other rights of any third party.
Indemnity
You agree to defend, indemnify and hold harmless each of Livita, its affiliates and each of their respective directors, trustees, officers, employees, and agents from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, resulting from or related to, or alleged to result from or relate to:
1.your breach of any of these Terms of Use; or
2.your access to, use of or reliance on the Website and/or any of the Content, and/or any of the Links.
Changes to the Website
Livita may, at any time without notice or liability, and for any reason whatsoever, change, suspend or terminate any aspect of the Website including, without limitation, any of the Content, any of the Links, and these Terms of Use. Livita reserve the right, in its sole discretion, to correct any errors or omissions in any portion of the Website at any time without notice or liability, but does not have a duty to do so.
Choice of Law
You agree that all matters relating to the use of the Website, including without limitation, any of the Content and/or any of the Links shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict of law principles. Livita and You each agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
 
Privacy
 
Any of your personal information which Livita collects via the Website is subject to Livita’s Website Privacy Statement which is available at https://livinglivita.com/website-privacy-statement and is incorporated by reference into these Terms of Use.
 
General
These Terms of Use constitute the entire agreement between Livita and You with respect to your use of the Website including, without limitation, any of the Content and/or any of the Links. These Terms of Use supersede all prior communications, representations or agreements, either oral or written, between Livita, and You with respect to the Website. Additional terms and conditions may apply when You use Content provided by any other user or third party or any of the Links.
If any section (or part thereof) of these Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining sections (or parts thereof) of these Terms of Use, which shall remain in full force and effect. Livita’s failure to insist upon or enforce strict performance of any section of these Terms of Use or any right shall not be construed as a waiver of any such section or right.
These Terms of Use shall enure to the benefit of Livita and its affiliates. Livita may assign its rights and duties under these Terms and Conditions at any time without notice to You. You may not assign your rights and duties under these Terms of Use to any individual or entity at any time.
Changes & Termination
Livita reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, You acknowledge and agree that Livita may, at any time without notice, in its sole and absolute discretion and without cause, suspend or terminate:
1.your use of, or access to, the Website including, without limitation, any of the Content and/or any of the Links; or
2.any of your registrations or subscriptions with the Website.
Upon suspension or termination, Livita may remove and discard any Content related to You or your use of the Website and You must discard any link You maintain from your website to the Website. You agree that Livita will not be liable to You or any other individual or entity as a result of any such suspension or termination.
Contacting Livita 
Any communications to Livita in regards to these Terms of Use and/or the Website, may be made to:
Livita Retirement Residences
Attention: Director of Operations
Address: 400 Applewood Crescent, Suite 100, Vaughn, Ontario, L4K 0C3
Phone: 416-633-4545
Email: [email protected]