Terms and Conditions for the Use of this Website
Except as otherwise agreed to, in writing, by The Mortgagex Inc. ("The Mortgagex", "we", "us", "our"), the following terms and conditions (the "Terms of Use") shall govern your use of the The Mortgagex website, www.themortagex.com, (the "Website"). By viewing or using the Website, you agree to be bound by all of the Terms of Use set forth herein. If you do not agree with these Terms of Use, please leave the Website immediately. We reserve the right to modify and/or update, or completely change, these Terms of Use at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by these Terms of Use. For this reason we encourage you to, and you are responsible to, review these Terms of Use whenever you visit this Website.
The use of headings in these Terms of Use are provided for convenience only, and are not to be considered in the interpretation of these Terms of Use.
Registration
Users are asked to provide certain personal information when they sign up for our Services including name, address, telephone number, email address, billing information (such as a credit card number). The personal information collected from users during the registration process is used to manage each individual’s account (such as those used for security and billing purposes). This information is not shared with third parties unless specifically stated otherwise or in special circumstances. Themortgagex.com may also generate non-identifying and aggregate profiles from personal information users provide during registration. No personally identifiable information will be disclosed to the public. As explained in more detail below, we may use this aggregate and non-identifying information to further enhance our services.
Products and Services and Separate Agreements
All products and services referred to on this Website are subject to the terms of the applicable agreement or terms and conditions governing their use, and it is your responsibility to review all such agreements and terms and conditions. You agree that these Terms of Use do not limit or reduce the effect of the specific terms of any other agreement or documentation which you enter into with us (electronically or otherwise) in relation to the use of this Website or any product or service available on this Website. In case of a conflict between these Terms of Use and any separately entered into agreement or document, the terms and conditions of such separately entered into document shall govern.
These products and services are available in Canada, only. While this Website is visible across the web, and as such can be viewed outside of Canada, this does not imply that the products or services described on this Website are now or will in the future be, available in your jurisdiction. This Website does not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation.
Use of this Website by You: Consents, Acknowledgements and Representations
While anyone is welcome to view the Website, only persons who are resident in Canada and are over the age of 18 may apply for any product or service available through the Website, and by so applying you represent and warrant to The Mortgagex that you meet such qualifications.
In consideration of your use of the Website, you agree to provide accurate, current and complete information about yourself, and will not enter any indecent, obscene, profane or otherwise inappropriate information, into any application or other day entry form or page located on or through the Website, or as otherwise requested by us. You further agree to promptly notify The Mortgagex regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Website or products or services, or the terms on which you use the Website or any products or services. You agree that you will only use this Website for personal purposes and in compliance with all applicable laws.
You agree that you will not intentionally, and you will take all reasonable steps so that you do not inadvertently, alter, corrupt, delete or add to the Website or any of its Content (as hereinafter defined), or to alter or interfere with or attempt to alter or interfere with the operation of the Website, or to transmit or otherwise install or deliver to the Website any virus, worm or other damaging, invasive or disabling computer code that may control, monitor or otherwise affect the operation of the Website.
You agree that you will not use the Website to communicate to others, to post on the Website, or otherwise transmit to the Website, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libellous, threatening materials which constitutes or may encourage conduct that would be considered, a criminal offence, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. The Mortgagex has the right, but not the obligation, to monitor or review all communications, materials, transmissions, postings, discussions and chats. THE MORTGAGEX AND ALL PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE, ASSUME NO RESPONSIBILITY OR LIABILITY WHICH MAY ARISE FROM THE CONTENT THEREOF, INCLUDING BUT NOT LIMITED TO CLAIMS FOR ANY OF THE ABOVE-NOTED MATTERS.
Cooperation with Investigations
You acknowledge and agree that The Mortgagex 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 we may investigate (or have investigated on our behalf) allegations of infringement of third-party rights or abusive or any other inappropriate use of the Website.
Consent to Credit Check & Employment Verification
By submitting an application online for a loan with The Mortgagex, you agree that the information you have given us on the application is complete and accurate. You agree that you have read our Privacy Policy and Terms of Use and that you consent to and accept this as written consent to authorize our broker partners to contact your employer to verify your employment and to obtain a copy of your credit report from one of the Canadian credit reporting agencies.
Termination
In its sole discretion, The Mortgagex reserves the right, at any time, with or without notice to you, without any liability to you or any other person.
Privacy Policy
We take the protection of your personal Information very seriously. Any personal information you provide to us will be dealt with as described in our Privacy Policy.
Cookies and Interest Based Advertising
We use various web technologies such as web beacons, pixel tags or cookies to receive and store certain types of information whenever you interact with our Website through your computer or other device. For example, the information we collect in this manner may include the pages you visit on our Website, which web address you came from and the type of browser you are using. This allows us to recognize future visits from you and enhances the convenience and use of the Website. If your browser permits, you may choose to delete or decline cookies, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website. Most browsers permit you to delete or disable cookies.
We also may use web beacons tags or similar technologies to (i) compile tracking information reports regarding Website user demographics, Website traffic patterns and Website applications (ii) collect certain information when you receive and open email communications from us. For example, the information may include the date/time you first opened our email to you, the number of times it was opened, and the number of click-throughs on any links in our email to you. This information helps us improve this Website for better user experience and make our marketing messages more relevant and effective. We also use this information for internal reporting and analysis purposes, for example, to determine how users are using our Website and performance of our marketing efforts. None of the tracking information in these reports can be connected to the identities or other personal information of individual users.
The Mortgagex may display interest-based advertising using information you make available to us when you interact with our Website, content or services.
Hyperlinks and Third Party Sites
As a means of providing increased value to you, and for your convenience, this Website may sometimes contain various links to other (third-party) websites. While this Website may be linked to other third-party sites, The Mortgagex does not, directly or indirectly, imply any approval, association, sponsorship, endorsement or affiliation with the linked site, or the products or services offered by them. You should review the Terms of Use, Privacy Policy and other agreements contained on such third-party site before providing any personal information to them or acquiring any product or service from them. Your linking to any third-party website is at your own discretion and risk. YOU ACKNOWLEDGE AND AGREE THAT THE MORTGAGEX IS NOT AND WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSSES OR DAMAGES WHATSOEVER THAT YOU MAY SUFFER IN RELATION TO THE USE OR ANY THIRD-PARTY WEBSITE OR ANY PRODUCT OR SERVICE OFFERED THEREON.
Intellectual Property Matters – Copyright, Trademarks and Other Information This Website, information, content and works on this Website, including but not limited to text, data, graphics, images, audio, video, software systems, downloadable content, processes, trademarks, service marks, trade names, logos and the general look and feel of the Website (collectively, the "Content") are protected under intellectual property rights (including copyright and trade-marks) and are the property of The Mortgagex Inc., and/or its third-party licensors. Unless otherwise specified, the Content may not be copied, modified, published, displayed, modified, posted, transmitted, distributed, displayed, performed, communicated, reproduced or republished in any form without the express prior written consent of The Mortgagex. Notwithstanding the foregoing, and without waiving its copyright or any other proprietary rights in such Content, you are granted a limited license (which may be revoked by The Mortgagex at any time) to access and use (but not modify, repost, use or resell) the Website and to download or print a copy of any portion of the Content, including the Terms of Use and any documents, agreements and material visible on the site for personal and non-commercial purposes, only. All rights not expressly granted are hereby reserved. This provision, with the exception of your right to use this Website, shall survive the termination of your right to use this Website.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of The Mortgagex or other entities (whether or not any identifying "TM", "SM" or "R" in a circle marking is used in association with such marks). Trademarks may be registered in Canada and in other countries as applicable.
The display of trademarks on the pages of this website does not imply that a license of any kind has been granted unless expressly stated herein. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws and could subject the user to legal action.
Grant of License over User Submissions and Feedback
By providing material or content to The Mortgagex, you automatically grant, and you represent and warrant that you have the right to grant, to The Mortgagex, an irrevocable, perpetual, non-excusive, transferable, fully paid (royalty free) worldwide license (with the right to sublicense) to use, reproduce, distribute, modify, create, display, perform, create derivate works or incorporate into other works, reformat, translate and excerpt (in whole or in part) such content for any purpose on or in connection with the Website or the promotion thereof, and to grant and authorize sublicenses of the foregoing. Despite such authorized uses by us, you acknowledge that you have full responsibility for such material, including its legality, copyright, truthfulness and originality.
Disclaimers
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS AND YOUR USE OF THE WEBSITE IS STRICTLY AND ENTIRELY AT YOUR OWN RISK. The Mortgagex does not guarantee the accuracy of any information on the Website. This Website may include incomplete information, inaccuracies, typographical errors or information that may not apply to your situation or be applicable to you. While The Mortgagex uses reasonable efforts to include accurate and up-to-date information, we make no representations and warranties as to the truth, accuracy, reliability, usefulness, timeliness or completeness of the information. The Mortgagex, and any other persons involved in the management of the Website, may make changes in the information and content of the Website at any time without notice. We are not responsible for any detrimental reliance you may place on the Website or the Content.
The Mortgagex (i) cannot guarantee and does not promise any specific results from use of the Website to obtain a loan; and (ii) cannot and does not guarantee that the Website or the products or services provided by on or the Website will be sufficient or appropriate for every individual or situation. We are not responsible for the conduct, whether on- or off-line, of any user of the Website or any products or services provided through it.
You acknowledge that the nature of Internet communications means that your communications may be susceptible to data corruptions, unauthorized access, interception and delays, and that such matters are beyond the control and power of The Mortgagex. We make no representation or warranty that the website 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. Accordingly, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY INFORMATION OR OTHER DATA TRANSMITTED THROUGH THE USE OF THIS WEBSITE. WE DISCLAIM ALL LIABILITY FOR ANY COMPUTER VIRUSES WORMS OR OTHER DAMAGING, INVASIVE OR DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USERS’ COMPUTERS WHEN USERS DOWNLOAD DOCUMENTS OR OTHER INFORMATION FROM THIS WEBSITE. The Mortgagex strongly advises and recommends that you obtain and use appropriate anti-virus and security software.
BY USING THIS WEBSITE YOU WAIVE, AND THE MORTGAGEX EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSES OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.
No Advice
The information contained in this Website is for informational purposes only and is not intended to provide, and YOU EXPRESSLY ACKNOWLEDGE THAT IT DOES NOT CONSTITUTE, SPECIFIC LEGAL, ACCOUNTING, FINANCIAL, OR TAX ADVICE FOR ANYONE AND SHOULD NOT BE RELIED UPON IN THAT REGARD. If you require advice in such fields, you should consult the appropriate professional advisors.
No Liabilities for Use of this Website
TO THE FULLEST EXTENT PERMITTED BY LAW, THE MORTGAGEX, OR ANY THIRD PARTIES MENTIONED ON THIS SITE, WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, COSTS, CLAIMS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, OR AN ERROR, ANY INACCURACIES, OMISSION, INTERRUPTION, DEFECT, DELAY, COMPUTER VIRUS, SYSTEM FAILURE, LOSS OF DATA OR OTHERWISE. THE FOREGOING DISCLAIMER SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER CAUSE OF ACTION WHATSOEVER, EVEN IF THE MORTGAGEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE MORTGAGEX AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE, ANY PRODUCTS OR SERVICES DERIVED FROM THE WEBSITE, AND THE INFORMATION AVAILABLE ON SUCH WEBSITE.
Applicable law and Jurisdiction
The Website will be construed and evaluated according to the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict of laws principles that would require or permit the laws of another jurisdiction being applied. You hereby agree and confirm that your use of the Website all of the communications, transmissions and transactions associated with the Website shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario as the proper and most convenient forum concerning the Website and any products and services obtained through the Website.
Other
The failure of The Mortgagex to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Contact
If you have any questions or comments regarding these Terms of Use please contact us at info@themortgagex.com.
