MortgageMeNow! - Terms of Use

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Mortgage Me Now Terms of Use

1 Introduction and Definitions

Thank you for visiting www.mortgagemenow.ca, referred to in these Terms of Use as "the Site". These "Terms of Use" provide the terms and conditions under which you are permitted to view and use the Site, and by viewing or using the site you acknowledge having read and understood, and you agree to abide by, these Terms of Use. If you do not agree to abide by these Terms of Use, please leave the Site immediately.

Throughout these Terms of Use, the terms "mortgagemenow," "Mortgage Me Now " "we," "our" and "us" refer to Mortgagemenow Ltd., the owner of the Site, while "you" and "your" refer to you as the Site visitor/user. The headings in these Terms of Use are provided for convenience only, and are not to be considered in the interpretation of this document.

2 Applicability of, and Changes to, Terms of Use

From time to time we may update, modify or completely replace these Terms of Use, without prior notice to you. We may in our discretion provide you with notice of such changes, if you have provided us with relevant contact information; however, we have no obligation to provide such notice. At any time when you visit the Site, you will be subject to the Terms of Use then posted on the Site. You are therefore responsible for checking the Terms of Use each time you visit the Site. These Terms of Use do not limit or reduce the effect of the specific terms of any other agreement or documentation which you enter (electronically or otherwise) in relation to the use of the Site or any product or service available on the Site. In particular, any brokerage or loan arrangements made will be subject to additional specific terms, which terms will take precedence over these Terms of Use to the extent of any inconsistency among them.

3 Changes to the Site

Mortgage Me Now may from time to time, at its discretion, make changes to the Site, including changing, removing, or adding products or services.

4 Privacy Policy

We treat privacy very seriously. Any personal information you provide to us will be dealt with as described in our Privacy Policy, which can be viewed at this location:

Mortgage Me Now privacy policy

5 Permitted Use of the Site

Anyone is welcome to visit and browse the Site. However, only persons who are resident in Canada and are of the age of 19 (the age of 18 in Alberta and Manitoba) or over may apply for any account, product or services available on or through the Site, and by so applying you represent and warrant to Mortgage Me Now that you meet those qualifications. You may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws. You acknowledge and agree that Mortgage Me Now does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that Mortgage Me Now may investigate (or have investigated on its behalf) allegations of infringement of third-party rights or abusive or any other inappropriate use of the Site.

6 Hyperlinks to Third-Party Sites

The Site contains various links to third party web sites. These are provided solely for your convenience, and Mortgage Me Now does not endorse such web sites or the products or services offered by them. You should review the Terms of Use, Privacy Policy, and other agreements contained on any such third-party site before using such third party websites or acquiring any product or service from them, or providing any personal information to them. YOU ACKNOWLEDGE AND AGREE THAT Mortgage Me Now WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER THAT YOU MAY SUFFER IN RELATION TO THE USE OF ANY THIRD PARTY WEB SITE OR ANY PRODUCT OR SERVICE OFFERED THEREON.

7 Intellectual Property Ownership; Use, and Limits on Use, of Site Content

Unless otherwise specified, the Site and all of its elements and contents, including without limitation all graphics, text, logos and elements of design and layout of the Site, and its general look and feel (the "Content") are subject to copyright, trade mark, and other laws protecting intellectual property, and Mortgage Me Now reserves all such rights. You agree not to intentionally, and to take all reasonable steps not to inadvertently, alter, corrupt, delete or add to the Site or any of its Content, or to alter or interfere with or attempt to alter or interfere with the operation of the Site, or to transmit or otherwise install or deliver to the Site any virus, worm or other damaging, invasive or disabling computer code that may control, monitor or otherwise affect the operation of the Site. Except as specified in these Terms of Use or as otherwise agreed by Mortgage Me Now in writing, you may not save, copy, print, display, reproduce, distribute, publish, license, resell, modify or create derivative works from, any Content or otherwise use in any manner not expressly permitted herein, any Content. Despite the previous paragraph, without waiving its copyright or any other proprietary rights in any such material, Mortgage Me Now hereby grants you a fully revocable, non-exclusive license to view and print agreement terms, documents and agreement-related information visible on the Site, provided that: a) Such material may only be used for non-commercial/informational purposes; b) Subject to paragraph c), you may not modify any such material from the form in which it prints directly from the Site, and must retain any copyright or other proprietary notices visible on the Site; d) If you distribute any copy of such material as permitted by this clause, each copy which you distribute contains or has attached a copy of these Terms of Use and the Privacy Policy in their respective entireties. e) You may not resell or otherwise charge any amount for providing such material to any other person; f) Upon notice from Mortgage Me Now of revocation of this license in writing or otherwise, you (and any person to whom you have at that time distributed a copy of any such material) will immediately cease the use of, and destroy, all such copies, except as may be required by law. Further, automated or systematic downloading or retrieval of any Content from the Site is prohibited, as are your use of the Site to sell a product or service or to increase traffic to your web site for commercial reasons.

8 Availability of Site, Products and Services

The Site is visible across the world wide web and can therefore be viewed outside of Mortgage Me Now's home jurisdiction. The mere fact that you can view the Site from your jurisdiction does not imply that the products or services described on the Site are now, or will in future be, available in your jurisdiction.

9 Disclaimer of Warranties

While Mortgage Me Now uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties, and provides no conditions, as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. Mortgage Me Now does not guarantee, and provides no warranties or conditions, that the Site or services provided on or by the Site will be sufficient or appropriate for every individual or situation, will be current, uninterrupted or error free. THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND YOU USE THIS SITE AT YOUR OWN RISK. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. MORTGAGEMENOW STRONGLY URGES YOU TO CONSULT A MORTGAGE PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE SITE IS NOT INTENDED TO, AND SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors.

Mortgage Me Now MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO CONDITION, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. You are strongly advised to obtain and use appropriate anti-virus and security software.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MORTGAGEMENOW HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR THE RESULTS THAT MAY BE OBTAINED FROM THE SITE, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE.

THIS SECTION 9 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

You specifically agree that Mortgage Me Now shall not be responsible for unauthorized access to or alteration of the Site or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You specifically agree that Mortgage Me Now is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Mortgage Me Now is not responsible for any content sent using or included in the Site by any third party.

10 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF Mortgage Me Now OR ANY THIRD PARTIES MENTIONED ON THE SITE AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Mortgage Me Now IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST Mortgage Me Now, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE Mortgage Me Now IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR OTHERWISE, SHALL BE LIMITED TO CDN $20.00.

11 Hyperlinks from Third Party Sites

You may not create any link to the Site except with our express prior written consent. We hereby provide consent to you creating a single hyperlink to any page of the mortgagemenow.ca site, provided that: a) The content of the web site ("your site") from which you link to the Site is not offensive under, or in breach of, your local laws and standards or those of Canada, and in particular the content of your site does not promote or positively portray unlawful activity, violence or intolerance of any sort; b) Your site is in compliance with all laws applicable in the jurisdiction in which it is hosted and all laws of Canada; c) Your site does not misrepresent, overstate, exaggerate, or otherwise deceptively describe the Site, Mortgage Me Now or the relationship between your site and either the Site or Mortgage Me Now; d) Your site does not disparage or in any way negatively portray Mortgage Me Now, the Site, or any product or service offered by or on Mortgage Me Now or the Site; e) Your site, including the link permitted under this provision, does not infringe on any intellectual property right of Mortgage Me Now. More specifically (but without limiting the breadth of the previous sentence), your site does not use any material, logo, text, image, video, or graphic in which holds copyright or is a trade mark or service mark (registered or unregistered and whether or not any identifying "TM","SM", or ®/ "R" in a circle marking is used in association with such marks) of Mortgage Me Now (including any logo or URL of Mortgage Me Now, including the URL of the Site) except to the extent necessary to identify and link to the Site, and then only provided that a notice acknowledging Mortgage Me Now's ownership of the intellectual property is clearly displayed. f) Your site does not, and no other web site owned, controlled, or affiliated with you or your site, frames, mirrors, or otherwise displays any portion or content of the Site; g) You will, without any claim whatsoever arising there from, immediately upon request from a representative of the Site by telephone, facsimile, mail, email, or any other form of communication, remove any or all links to the Site from your site(s) as requested by such representative of the Site, whether or not such representative provides any reason or justification for such request. Your right to create any such link, in addition to be revocable as described above, is non-exclusive, and you acknowledge and agree that such right does not in any way provide you with any right or license (express, implied, by estoppel, or otherwise) in or to any Site content or any intellectual property of Mortgage Me Now (or any third party the intellectual property of which is present or visible on the Site), including any copyright, trademark, service mark, patent, trade secret, trade dress or otherwise.

12 Feedback and other Submissions

Except where expressly agreed otherwise by Mortgage Me Now, all information and material submitted to Mortgage Me Now through or in relation to the Site will be considered non confidential. By providing any such material to Mortgage Me Now you grant Mortgage Me Now a royalty free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense through multiple tiers) to use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform such material in any media now known or not currently known; and to make, have made, offer for sale, sell, and otherwise transfer such material, for any purpose and on any basis. However, despite such uses by Mortgage Me Now, You acknowledge that you, and not Mortgage Me Now, have full responsibility for the material, including its legality, reliability, appropriateness, originality, and copyright.

13 Claims of Copyright Infringement

If you believe that material in which you hold copyright is visible on the Site without your consent, please contact us immediately at: Mortgagemenow LTD. PO Box 452, Orangeville, Ontario L9W 5G2. Please provide details of where the material is visible along with a description of the material, as well as your own name and contact information and such other information as is reasonably necessary to allow us to determine whether the Content in question infringes.

14 Termination

Mortgage Me Now reserves the right, in its sole discretion and at any time with or without notice to you, in its sole discretion, to terminate your access to all or any part of the Site, without any liability to you or any other person. Sections 1, 6, 7, 9, 10, 11, 12, 14, 15, 16, 17, 18 and 19 shall survive the termination of your right to use the Site.

15 Indemnification

You agree to indemnify and hold harmless Mortgage Me Now, its affiliates, directors, officers, agents, mandataries, employees, licensors, service providers and representatives for all losses, damages, expenses and costs, including reasonable legal counsel fees, arising from or in connection with any breach by you of these Terms of Use and/or your use or misuse of the Site or any Content.

16 Governing Law

Except as otherwise specified in the specific terms of any agreement arising through your use of the Site: a) these Terms of Use are to be interpreted and governed by the laws of the province of Ontario, Canada, and the laws of Canada applicable therein, without reference to principles of conflicts of laws; and b) the courts located in Toronto, Ontario and the courts of appeal therefrom will have exclusive jurisdiction to hear and decide any and all disputes arising under these Terms of Use or otherwise arising from or relating to the Site and/or any Content, product or service available on the Site. In the event that the laws of the Canadian jurisdiction in which you reside require that the laws of such jurisdiction to apply to these Terms of Use and/or a venue located in such jurisdiction to hear all disputes arising under these Terms of Use, the foregoing governing law and/or venue, as applicable, shall not apply to you.

17 Entire Agreement; Severability; Language

Unless otherwise specified in these Terms of Use, these Terms of Use constitute the entire agreement between you and Mortgage Me Now with respect to the Site and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and Mortgage Me Now with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use will remain in full force and effect. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.

18 Waiver

Mortgage Me Now's failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that right or provision. All such waivers shall be in writing and duly signed by Mortgage Me Now.

19 Voluntary Limitation Period

Regardless of any statute or law to the contrary, any claim and any cause of action against Mortgage Me Now arising out of or related to use of the Site, the Content, these Terms of Use, or any product or service available on or through the Site must be filed within one (1) year after the claim or cause of action arose.

20 Mortgage Me Now Terms and Conditions

By registering for a Mortgage Me Now account you agree that we may send you notifications regarding your Mortgage Me Now account (your "Mortgage Me Now account Notifications") by email on a periodic basis. If you no longer want to receive any of your Mortgage Me Now account Benefits or your Mortgage Me Now account Notifications by email, please login to your Mortgage Me Now account and opt out. We may suspend your Mortgage Me Now account or any and all of your Mortgage Me Now account Benefits without notice to you at any time for any reason, including due to your inactivity or if you fail to comply with these Terms of Use.

21

In most cases services offered through Mortgage Me Now are paid for by the Banks / Lenders. If services are not paid by the Banks / Lenders an additional fee may apply.