Terms Of Use

Last Revised: August, 2019

You are visiting the website https://www.ellaliving.ca/ (the “Site”). The following Terms of Use (the “Terms”) are a binding agreement between you and GN Holdings Limited Partnership and our affiliates and subsidiaries (“us”, “we” or “our”). Your access to and use of any material available at or from the Site constitutes your acceptance of, and is conditional upon your acceptance of and compliance with, the following provisions. These Terms may change from time to time and it is your responsibility to check for such updates. Your continued use of the Site constitutes your acceptance of the Terms as updated.

1. Right to use the Site

Provided that you continue to comply with the Terms, we grant you a personal, non-assignable, and non-exclusive license to access and use the Site.

Nothing on the Site constitutes an offering for sale. Such an offering can only be made with a disclosure statement.

2. Intellectual Property Rights and Ownership

You acknowledge and agree that the Site and its entire contents, features, and functionality are owned by us, our licensors, or other providers of such material and may be protected by intellectual property laws. You must not infringe our intellectual property rights or those of any third party in connection with your access to and use of the Site.

3. Prohibited Use of the Site

You may not use the Site to engage in any unlawful activity or to infringe our rights or the rights of our related entities or the rights of any third party. You warrant that all information that you provide to us in connection with your use of the Site is complete and accurate, and that you have the right to provide us with such information.

You further agree that you will not and you will not allow your employees or agents to: (a) interfere with the operation of the Site, in any way or interfere with anyone’s use or enjoyment of the Site, or use the Site to gain unauthorized access to any computer systems; or (b) modify, copy, reproduce, republish, upload, post, transmit, distribute, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or any of the Site content other than as may be expressly permitted in writing by us or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws.

You agree to abide by all additional rules, policies, and restrictions that apply to the Site.

4. Disclaimer and Limitation of Liability

To the fullest extent permissible by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, durability, merchantable quality, and fitness for a particular purpose or non-infringement, whether express or implied and whether arising from a course of dealing, usage, or trade practice. We do not warrant or represent that the information or materials available at or from the Site are accurate or suitable or reliable, or that the Site will be free of errors, viruses, bugs, problems or other limitations. We do not represent, warrant, or guarantee the quality, accuracy, completeness, or timeliness of the site or the content provided in connection therewith.

In relation to the properties on the Site, prices are subject to change without notice. We reserve the right in our sole discretion to make modifications or changes to the building design, floor plans, project designs, layouts, specifications, materials, finishes, features and dimensions of any properties without prior notice. All imagery including renderings and photographs are representational only and may not be accurate. Dimensions, sizes and square footages are approximate. Actual final dimensions, sizes, and square footages following completion of construction may vary from those set out herein. We do not guarantee that by registering on the Site you will receive communications from us or that we will present you with all products and services, event invitations, newsletters, announcements, promotions, incentives, and other publications that are available from us. We do not represent or warrant that the Site or any content will be free of errors, viruses, bugs, problems or other limitations.

We are not responsible for any direct, indirect, special, incidental, consequential, or punitive damages whatsoever arising out of or in connection with your use or misuse of the Site or in reliance on the content available on the Site, including without limitation any business interruption, loss of use, lost profits, failure to realize expected savings, or any pecuniary loss, whether in an action of contract, civil liability, negligence, or other tortious action.

You acknowledge and agree that the disclaimer of warranties and limitations on liability set forth above are reasonable in the circumstances.

5. Governing Law and Jurisdiction

The Site and these Terms will be governed by and construed in accordance with the laws of British Columbia and the federal laws of Canada that apply within British Columbia. You will bring any claim related to this Site and these Terms in a court in Vancouver, British Columbia.

6. General

The Privacy Policy for the Site is available at the following: https://ellaliving.ca/privacy-policy/

To the extent this website contains links to other websites, we do not control the availability or content of such websites. Your use of any linked websites is at your own risk.

These Terms, the Privacy Policy and any other disclaimers or terms to our benefit set out on the Site constitute the entire agreement regarding your access to and use of any material available at or from the Site and supersede all previous communications, representations, and understandings, oral or written, between the parties.