Terms of Use

Black Cedar Homes Inc. ("Black Cedar", "we", "us", "our") welcomes you to its online platform located at www.blackcedarhomes.com (the "Website"). Please read these terms of use (the "Terms of Use") carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, your sole recourse is to discontinue use of the Website immediately, and Black Cedar will not be liable to you for any loss, cost, or damage arising from your inability to use the Website.

We may revise these Terms of Use from time to time. The "Last Updated" date above indicates when these Terms of Use were most recently revised. Your continued use of the Website following the posting of revised Terms of Use constitutes your acceptance of those revisions.

1. Acceptance of Terms

By accessing or using the Website, you represent that you have read, understood, and agree to be bound by these Terms of Use and all applicable laws and regulations. If you are using the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms of Use.

2. Ownership and Intellectual Property

The Website is owned and operated by Black Cedar. All content, data, text, graphics, photographs, renderings, floor plans, site plans, images, audio, video, software, systems, processes, logos, trade names, trademarks, and other information (collectively, the "Content") contained on the Website are proprietary to Black Cedar or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

Unless otherwise expressly stated, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, reverse engineer, create derivative works from, transfer, or sell any Content without the express prior written consent of Black Cedar. You are granted a limited, revocable, non-exclusive licence to access and view the Content for your personal, non-commercial use only.

3. No Offer; Content for Illustration Only

All Content on the Website — including without limitation renderings, floor plans, elevations, room dimensions, square footages, features, finishes, specifications, pricing, availability, and community information — is for illustration purposes only, is approximate, is not to be relied upon, and is subject to change or withdrawal without notice. Renderings are artist's concept only. Errors and omissions excepted (E.&O.E.).

Nothing on the Website constitutes an offer to sell or lease, an agreement of purchase and sale, or a representation, warranty, or condition of any kind. Any purchase or lease of a home or other real property from Black Cedar is governed exclusively by the terms of a written agreement signed by you and Black Cedar, and no Content on the Website forms part of, or is incorporated into, any such agreement.

4. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. BLACK CEDAR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLACK CEDAR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, OR GOODWILL — ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR RELIANCE ON THE WEBSITE OR ANY CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF BLACK CEDAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Indemnification

You agree to indemnify, defend, and hold harmless Black Cedar, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Website, your violation of these Terms of Use, or your violation of any applicable law or the rights of any third party.

7. Acceptable Use

You agree not to use the Website for any unlawful purpose or in any manner that violates these Terms of Use, including without limitation: attempting to gain unauthorized access to the Website or its related systems; interfering with the operation of the Website; scraping, harvesting, or collecting data or personal information from the Website by automated means; or transmitting any virus, malware, or other harmful code.

8. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Black Cedar. Such links are provided for convenience only. Black Cedar has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website or service.

9. Privacy

By using the Website, you consent to the collection, use, and disclosure of personal information as described in our Privacy Policy, which forms part of these Terms of Use.

10. General

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario for any dispute arising out of or relating to these Terms of Use or your use of the Website.

No Waiver

Our failure to enforce any provision of these Terms of Use will not be construed as a waiver of that provision or of any right available to us under these Terms of Use or at law.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

No Relationship

No partnership, joint venture, employment, fiduciary, or agency relationship exists between you and Black Cedar as a result of these Terms of Use or your use of the Website.

Entire Agreement

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Black Cedar with respect to your use of the Website.