Terms of Service
The Now website is operated by Lexington Park Real Estate Capital Inc. website (referred to as “LP”, “Lexington Park,” “we” or “us”). By using this website, you, the “Visitor”, agree to abide by and be bound by the Terms of Service provided herein, which include all of the content found on this page, including content listed under separate headings for your viewing convenience. Your continued use shall be deemed as acceptance of these Terms of Service. If you do not agree to these Terms of Service, you must not access or use this website.
The content of this website is provided “as is” for informational purposes only. Lexington Park makes no warranties or representations of any kind and disclaims all express and implied warranties and conditions of any kind including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability or fitness for any particular purpose.
The collection of personal information through this website is governed by our Privacy Policy, which can be found here and which forms part of these Terms of Service by reference.
We reserve the right to amend these Terms of Service. Any such amendments will be effective upon posting, and your continued use of the website after such posting constitutes acceptance of the amended Terms of Service.
Prohibited Uses
Visitors to this website agree to use this website and any data received from or transmitted through this website in compliance with all local laws and regulations, and further agree that any use of this website for any unlawful purpose is strictly prohibited. Without limiting the generality of the foregoing, Visitors are prohibited from using this website for the purposes of or in conjunction with any data scraping, interference with the website owners or other visitors, installing, operating or distributing malware, infringing upon the intellectual property rights of the owners, operators or visitors of this website or any other third party, harassing, abusing, defaming, slandering or discriminating on the basis of a prohibited ground, or accessing or modifying the content of this website, including the underlying code of this website and any security features of this website, in any way which may interfere with, impair or affect the functionality of the website or any related websites.
Collection of any information about visitors to or users of this website without the express written permission of Lexington Park is strictly prohibited.
We reserve the right to terminate or suspend your access to this website at any time at our sole discretion.
Third Parties and External Links
We make no representations or warranties about any other website or web application which may be accessed through this website, including but not limited to accuracy of information, security of information transmitted through third party websites or applications, lawfulness or fitness for any particular purpose. Lexington Park does not endorse or accept responsibility for content on third party websites or applications, and is not liable to you or any third party any special, incidental, indirect, consequential or punitive damages of any kind or any damages whatsoever including but not limited to, loss of use, data, or profits, whether or not we are advised of the possibility of damage in connection with, caused by, or arising from the use of this web site or any other web site linked to this web site, or from any delays, inaccuracies, errors, omissions in or infringement by, or from any use of or reliance on the information available on this web site.
We are not responsible for the security, content or privacy policies of any other website. Where we provide a link to a third party website or web application, we do so because we believe in good faith that such website contains or may contain material which is relevant to visitors of our website.
No Lease Formed via Website
No lease, tenancy or contractual rights are created through this website, including by the submission of an inquiry or application to lease. Only a fully executed written lease creates tenancy rights.
The information on this website, including listings and descriptions of available properties, does not constitute an offer, inducement or invitation to enter into any contractual agreement or relationship with Lexington Park, its affiliates or any third party.
Despite our best efforts, you may be viewing a unit which is no longer available. Availability, rent, incentives and leasing terms are subject to change and may be updated as is reasonably necessary from time to time.
We make no warranty and provide no guarantee that a given unit or unit type is available at a given time, regardless of whether such a unit or unit type is viewable, referenced or advertised on this website. Availability is subject to change.
No Advice
Information hosted on this website, including listings and descriptions of available properties, is for information purposes only and does not constitute legal or tenancy advice or advice regarding rights under the Residential Tenancies Act or any other law or regulation, and should not be relied upon or construed as such.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Visitors agree that any dispute or action at law or in equity arising out of or relating to these Terms of Service or any visitor's use of this website shall be commenced only in the courts of the Province of Ontario, Canada, and visitors hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
Limitation of Liability
We disclaim any liability for errors, inaccuracies or omissions on this website and for any loss, whether direct or indirect, or damage resulting from its use, whether caused by negligence or otherwise, including special, punitive or consequential damages, or any damages whatsoever arising from reliance upon this website’s content. While we make reasonable efforts to protect the information which is transmitted through this website, we are not responsible for the actions of malicious third parties who may, despite the company’s best efforts, interfere with or capture data transmitted by the website or by users of or visitors to the website. Visitors who choose to access this website do so on their own initiative and at their own risk.
Without limiting the generality of the foregoing, Lexington Park shall not be liable for any loss or damage arising from or relating to any reliance by a Visitor on any information contained on this website, including without limitation any information regarding the availability of units, rental rates, incentives, features, amenities, floor plans, descriptions of properties, or proposed leasing terms.
Visitors acknowledge and agree that they do not rely on this website for the purpose of making any leasing, housing or tenancy decisions, and that any such decisions are made solely on the basis of a fully executed written lease and formal communications from Lexington Park.
In no event shall Lexington Park be liable for any damages arising from any alleged misrepresentation, inducement, or negligent misstatement in connection with the content of this website.
Indemnification
You agree to indemnify, defend and hold harmless Lexington Park and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of a breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Intellectual Property
Unless otherwise noted, all content included in this website, including but not limited to images, logos, articles and other marketing materials are the property of or licensed by Lexington Park and are protected by copyright. Visitors are responsible for complying with all applicable copyright, trademark and other applicable intellectual property laws.
Visitors shall not reproduce, duplicate, copy, sell, resell or exploit, including by use in the marketing materials of any other person, corporation or entity, the content of this website without express written permission by Lexington Park. Notwithstanding the above, visitors are permitted to make copies of this website as necessary incidental acts during their viewing of the website. Visitors can print, for their personal use, as much of the website as is reasonable for private purposes. All other use is strictly prohibited.
Visitor-generated content
Any content provided by you to Lexington Park through this website, including suggestions, proposals, plans, creative ideas or other materials may be used, disclosed, published or distributed, in full or in part, by Lexington Park, without attribution, and without any obligation or compensation owing to the Visitor. By uploading or submitting content through our website, you warrant that such content or its distribution does not violate the intellectual property rights of any party, nor does it violate any law or regulation in the Province of Ontario or in your own locality, and does not otherwise infringe upon or offend trademark, privacy, or any other personal or proprietary right of any person or entity which may have an interest in such content.
You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We reserve the right to remove visitor-generated content at our sole discretion, but we take no responsibility and assume no liability for any content posted by you or any third-party.
Headings
The headings used in these Terms of Service are for convenience of reference only and shall not affect the interpretation of these Terms of Service.
No Waiver
No failure or delay by Lexington Park in exercising any right, power or remedy under these Terms of Service shall operate as a waiver of that or any other right, power or remedy, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
Severability
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from these Terms of Service and the remaining provisions shall continue in full force and effect.
Contact Us
Questions about the Terms of Service should be directed to: HR@lprc.com