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Website Terms and Conditions of Use

University District Trust

Website Terms and Conditions of Use

1. Introduction

These website terms and conditions of use for ucpg.ca and myuniversitydistrict.ca (together, the “Website”), constitute a legal agreement and are entered into by and between you as a user of the Website (“you”) and University District Trust, by its trustee University of Calgary Properties Group Ltd. (the “Trust”, “we”, “us”, or “our”). The following terms and conditions, together with any documents or additional terms expressly incorporated by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through the Website.

BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

The Website is not intended for persons under the age of 18 years. No one under the age of 18 years may provide any personal information to, from, through, or on the Website, unless otherwise with the authorization of their parent or legal guardian. By accessing or using the Website, or continuing to do so, you represent and warrant that you are at least the legal age of majority under applicable law to form a binding contract with the Trust and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or shall cease doing so.

2. Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. It is our policy to post any updates we make to these Terms and Conditions on the Website. The date these Terms and Conditions was last revised is at the bottom of these Terms and Conditions. Any and all such updates are effective immediately upon posting and apply to all access to, use of, and continued access to and use of the Website. You are responsible for periodically visiting the Website and these Terms and Conditions to check for any updates. Your continued use of the Website after we make updates indicates that you understand, accept and consent to those updates.

The information and material on this Website, and the Website may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is restricted to users or unavailable at any time or for any period.

3. Your access to and use of the Website and security

You are responsible for obtaining your own internet access to the Website and for the Website’s availability and performance using your internet connection. You are required to ensure that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.  You are responsible for any security breaches or performance issues relating to accessing the Website.

You are prohibited from attempting to circumvent and from violating the security of the Website including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to other users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet headers; (e) disrupting network services and otherwise disrupting the Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

4. Intellectual property rights and ownership

You understand and agree that the Website and its entire contents, features, and functionality, including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Trust, its licensors, or other providers of such material and are protected in all forms by applicable intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Trust name, the Trust logo, the logo of University District and all related names, logos, product and service names, designs, images and slogans are trademarks of the Trust or its affiliates or licensors. You must not use such marks without the prior written permission of the Trust. Other names, logos, product and service names, designs, images and slogans mentioned or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute a violation of the rights of the property owner and may be a violation of applicable law and could subject you to legal action.

You may only access and use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, in any form or medium whatsoever except:

  • your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies of material on the Website may be printed, keeping any proprietary notices thereon, which may only be used for lawful personal and non-commercial use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • in the event social media features are provided with respect to certain content are on the Website, you may take such actions as the Website permits for such features.

You are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.  You may only access or use any services or materials available through the Website for your own personal, non-commercial use.

If you breach these Terms and Conditions, your right to access and use the Website will cease immediately and you must, at our option, and in our sole discretion, return or destroy any copies of the materials you have made from the Website. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Trust. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate applicable copyright, trademark, and other intellectual property laws.

5. Conditions of use and User Contributions

As a condition of your access and use of the Website you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information you submit, post, publish, display, or transmit (collectively, “post” or “posted”) to or through the Website, to other users or other persons and any and all interactive functions offered by the Website (collectively, “User Contributions”). Any and all User Contributions must comply with all applicable laws and these Terms and Conditions.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Contributions shall not:

  • in any manner violate any applicable laws including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil, criminal or tort liability under applicable laws or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy;
  • include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on income, family or marital status, ancestry, race, sex, gender or gender identity or expression, colour, religion, nationality, disability, sexual orientation, or age or other such protected grounds or be otherwise objectionable;
  • involve stalking, attempting to exploit any individual or harm minors in any way by exposing them to inappropriate content;
  • ask for other user’s personal information, unless the other user willingly provides such personal information;
  • involve, provide or contribute any false, inaccurate or misleading information;
  • include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Terms and Conditions;
  • impersonate or attempt to impersonate the Trust, an employee of the Trust, another user, or any other person or entity (including, without limitation, by using email addresses, profile pictures, or screen names associated with any of the foregoing);
  • transmit, or procure the sending of, any advertisements, applications or promotions without our prior written consent, commercial activities or sales, including without limitation any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  • include engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Trust or users of the Website or expose them to liability;
  • include causing annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, distress, or alarm any other person;
  • promote any illegal activity, or advocate, promote, or assist any unlawful act; or
  • give the impression that they originate from or are endorsed or authorized by the Trust or any other person or entity, if this is not the case.

6. User Contributions: grant of license

The Website may contain interactive functions allowing User Contributions on or through the Website.

None of the User Contributions you post to the Website will be subject to any confidentiality obligations of the Trust. By providing any User Contribution to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You waive any moral rights or other rights of authorship as a condition of posting any User Contribution.

By posting the User Contributions you declare and warrant that you own or have the necessary rights to post the User Contributions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Contributions and comply with these Terms and Conditions. You represent and warrant that all User Contributions comply with all applicable laws and these Terms and Conditions.

You understand and agree that you, not the Trust nor its trustee, are fully responsible for any User Contributions you post, and you are fully responsible and legally liable, including to the Trust and any third party, for such content and its accuracy. We are not responsible or legally liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

7. Website monitoring and enforcement, suspension and termination

We have the right, without provision of notice to you, to:

  • remove or refuse to post on the Website any User Contributions for any or no reason, in our sole discretion;
  • at all times, to take such actions with respect to any User Contributions deemed necessary or appropriate in our sole discretion, including without limitation, for violating any applicable laws or these Terms and Conditions;
  • take appropriate legal action, including without limitation, referral to law enforcement, regulatory authority or harmed party for any illegal or unauthorized use of the Website or User Contributions in contravention of any applicable laws or these Terms and Conditions. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website; and
  • terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of any applicable laws or these Terms and Conditions;

YOU WAIVE AND HOLD HARMLESS THE TRUST AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE TRUST AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE TRUST OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to you or any other party to monitor the Website or your access or use, and do not and cannot undertake to review material that you or other users post to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by you or any other user or third party that does not comply with any applicable laws or these Terms and Conditions.

8. No reliance

The content on the Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or current.  Your use of the Website is at your own risk and the Trust has no responsibility or liability whatsoever for your use of this Website.

This Website may includes content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Trust, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Trust. The Trust is not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials.

9. Privacy

Any user information and User Contributions will be deemed to be our property and your User Contributions to and use of the Website constitutes your consent to the collection, use, reproduction, hosting, transmission, retention, and disclosure of any such user information and User Contributions in compliance with our Privacy Policy, as we deem necessary for use of the Website.

By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information about this Website and the cookies and other technologies we employ, please review Section 4 of our Privacy Policy.

10. Third-party websites

For your convenience, this Website may provide links or pointers to third-party websites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such websites, you do so at your own risk. We have no control over the contents of any such third-party websites, and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites and we encourage you to review any applicable policies or procedures of such third parties with respect to your access and use of such websites.

Such links to third-party websites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain limited content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified. Such features and links to third-party websites are subject to any additional terms and conditions we provide with respect to such features.

You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking to the Website must comply in all respects with these Terms and Conditions. You agree that in the event of any unauthorized framing or linking, you will cooperate with us to ensure that such activity immediately stops.

11. Geographic restrictions

The owner of the Website is based in the Province of Alberta in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

12. Disclaimer of warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NEITHER THE TRUST NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS MAKES ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE TRUST NOR ANY AFFILIATES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the Website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Website and your computer, internet and data security. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE PHONE, TABLET, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR PRODUCTS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

13. Limitation on liability

UNDER NO CIRCUMSTANCE WILL THE TRUST, ITS TRUSTEE, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON.

Notwithstanding the foregoing, University of Calgary Properties Group Ltd. is the trustee of the Trust and has prepared these Terms and Conditions solely in its capacity as trustee on behalf of the Trust and any obligations of the Trust hereunder shall not be binding upon University of Calgary Properties Group Ltd. other than in its capacity as such, nor shall the obligations be binding upon any beneficiary of the Trust such that any recourse against the Trust, University of Calgary Properties Group Ltd. or any beneficiary of the Trust in any manner in respect of any obligation or liability arising hereunder or arising in connection herewith or from the matters to which these Terms and Conditions relates, including without limitation, statutory claims related to privacy or claims made in negligence or otherwise tortious behaviour, shall be limited to, and satisfied only out of the assets of the Trust.

14. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Trust, the Trustee, their affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of applicable law, these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, third-party websites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

15. Governing law and jurisdiction

The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of the Province of Alberta or any other jurisdiction) and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Alberta, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

16. Waiver

No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

17. Severability

If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

18. Entire agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Trust regarding your access to and use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

19. Reporting and contact

This Website is operated by University of Calgary Properties Group Ltd. in its capacity as trustee on behalf of the Trust.

Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to the Trust at info@ucpg.ca.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@ucpg.ca.

403.910.1101

Block 23
405, 3917 University Avenue NW
Calgary, AB T3B 6K3

These Terms and Conditions were last updated [October 5, 2022].