|
Term of Use
Last Updated:
Welcome to MortgageShopperCanada® (referred to as "MSC", "we," "us," or "our").
Before you begin to use the mortgageshoppercanada.ca website ("MSC Website"), please take a moment
to review this Terms of Use Agreement ("Agreement"). The Agreement describes the terms and
conditions applicable to your use of the MSC Website and the products and services provided through
or in connection with the MSC Website (collectively, "Service"), which may be updated by MSC from
time to time without notice to you. MSC may also offer other services that are governed by a
different Terms of Service. For instance, different terms apply to other websites own my Bull's Eye
Promotions, owner of MSC. Each website owned my Bull's Eye Promotions has its own Term of Service.
The Term of Service of each website will be made available when offering such services.
You must read and agree with all of the terms and conditions contained in this
Agreement and the MSC Website privacy policy then in effect ("Privacy Policy"), which is
incorporated by reference, before you use the Service. If you do not agree to be bound by the terms
and conditions of this Agreement, you may not use or access the Service.
1. Loan Products and Services. The MSC Website is an
online marketplace where you can research and compare prices in a number of different categories,
including home purchase loans, home equity loans, and home refinance loans. You understand and
agree that if you submit a request for a loan product or service offered through the Service, MSC
will share your personal information (such as your full name, address, telephone number, and social
insurance number) with Providers in our provider network, including banks, correspondent lenders,
mortgage bankers and brokers (referred to individually as "Provider" and collectively as
"Providers") to process and fulfill your request. You authorize MSC, in its sole discretion, to use
your social insurance number to obtain your credit score for the purpose of matching your request
with Providers. You further authorize Providers that receive your personal information to use your
social insurance number to pull your credit score and credit report for the purpose of processing
and fulfilling your request.
You acknowledge that MSC does not make loan or credit decisions in connection
with the Service and that MSC is not a party to any agreement that you may make with the Provider,
and that the Provider is solely responsible for its services to you. You further acknowledge that
MSC is not acting as your agent or broker and is not recommending any particular loan product or
Provider to you. Any compensation MSC may receive is paid by the individual Provider for the
products and services rendered by MSC to that particular Provider. MSC does not charge you a fee to
use the MSC Website. You understand that requirements for a particular loan product are made by the
individual Providers and that MSC does not endorse, warrant, or guarantee the products or services
of any the Providers. Nothing contained herein shall constitute an offer or promise for a loan
commitment or interest rate lock-in agreement. You agree that MSC shall not be liable for any
damages or costs of any type which arise out of or in connection with your use of the Provider's
service.
By submitting your contact request for a loan product, you are consenting to be
contacted by one Providers which may include Mortgage Alliance Co. of Canada either by telephone,
email or mail based on the information you have provided to us. Even If you have sometime in the
past requested not to be called by one of the Providers, you understand and agree that by
submitting your information you authorize our providers to contact you again. You understand that
the Providers may maintain the information you submitted to MSC whether you elect to use their
services or not. In the event you no longer want to receive communications from a Provider, you
agree to notify the Provider directly. You also give MSC permission to send you periodic updates of
current loan products which may be of interest to you.
2. Other Products and Services. You understand and
agree that if you request a product or service other than a loan such as Internet access,
automobile insurance or long distance telephone service offered through the Service MSC will share
your information with certain business partners to process and fulfill your request. You further
agree that our business partners may contact you by telephone, email or mail based on the
information you have provided to us. Even If you have sometime in the past requested not to be
called by one of the Providers, you understand and agree that by submitting your information you
authorize our providers to contact you again. You understand that MSC business partners may
maintain the information you submitted to MSC whether you elect to use their services or not. In
the event you no longer want to receive communications from an MSC business partner, you agree to
notify the partner directly.
3. Use of the MSC Website and Service. You certify
to MSC that: (i) you are at least eighteen (18) years of age; (ii) you assume full responsibility
for the use of the Service by any minors; (iii) you agree that all information you have submitted
to MSC, online or otherwise, is accurate and complete, and that you have not knowingly submitted
false information on or through the MSC Website or Service; and, (iv) your use of the Service is
subject to all applicable federal, provincial, and local laws and regulations.
4. Prohibited conduct. You must not (i) submit,
transmit or facilitate the distribution of information or content that is harmful, abusive,
racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of
personal privacy or publicity rights, or in a reasonable person's view, objectionable; (ii) submit,
transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere
with, compromise the system integrity or security or decipher any transmissions to or from the
servers running the Service; (iv) take any action that imposes, or may impose at our sole
discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload
invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot,
spider, scraper or other automated access the Service for any purpose without our express written
permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a
person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload,
post, email, transmit or otherwise make available any information or content that you do not have a
right to make available under any law or under contractual or fiduciary relationships; (ix)
interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent
or restrict access to the Service.
5. Privacy Policy. MSC respects your privacy.
Personal information submitted in connection with the Service is subject to our Privacy Policy. For
more information, see our full
Privacy Policy.
6. Copyright and Trademark Notice Information. All
contents of the MSC Website are: Copyright © 2000 - 2006 mortgageshoppercanada.ca. 2401 Colorado
Avenue, Suite 200, Santa Monica, California 90404 and/or its Providers and third party vendors. All
rights reserved. mortgageshoppercanada.ca™, mortgageshoppercanada.ca™ trademarks and service marks
and other MSC logos and product service names are trademarks of MSC ("MSC Marks"). Without MSC's
prior permission, you agree not to display or use in any manner, the MSC Marks. All other logos or
brand names shown on the Service are trademarks of their respective owners and/or licensors.
7. Proprietary Rights. You acknowledge and agree
that the Service and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by applicable intellectual
property and other laws. You further agree that all materials and/or content, including, but not
limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the
MSC Website or as part of the Service are copyrights, trademarks, service marks, patents or other
proprietary rights of MSC or their respective intellectual property owners. Except as expressly
authorized by MSC, you agree not to modify, copy, reproduce, sell, distribute or create derivative
works based on or contained within the Service or the Software, in whole or in part.
MSC grants you a personal, non-transferable and non-exclusive right and license
to use the code of its Software on a single computer; provided that you do not copy, modify, create
a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including, without limitation, for the purpose of
obtaining unauthorized access to the Service by any means other than through the interface that is
provided by MSC for use in accessing the Service.
8. Links. MSC, through the Service or otherwise, may
provide links to other websites. Because MSC has no control over such websites, you acknowledge and
agree that MSC is not responsible for the availability of such external websites, and does not
endorse and is not responsible or liable for any content, advertising, products, whether loan,
auto, or telecommunications, or other materials on or available from such websites. You further
acknowledge and agree that MSC shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or reliance on any
such content, products, goods or services available on or through any such website.
9. Indemnification. You agree to indemnify and hold
MSC, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and
employees harmless from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of the Service, the violation of the Agreement by
you, or the infringement by you, or any other user of the Service using your computer, of any
intellectual property or other right of any person or entity. MSC reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
10. No Warranty. MSC PROVIDES THE SERVICE "AS IS,"
"WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MSC MAKES NO
REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. MSC DISCLAIMS ANY AND ALL WARRANTIES
OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY,
TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR
CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS
THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES
THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
11. Limitation of Liability. IN NO EVENT WILL MSC BE
LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR
USE OF THE SERVICE, EVEN IF MSC HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE
LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER
CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE
ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST MSC WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
12. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND
FOREVER DISCHARGE MSC AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, VENDORS, AND CONTRCTORS AND
EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR
ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE
WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE
CONNECTED WITH YOUR USE OF THE SERVICE.
13. Notice. MSC may provide you with notices,
including those regarding changes to the Agreement, by either email, regular mail, or postings on
the Service. All notices to MSC must be made in writing and mailed to:
RSP Productions Company
Attn: Legal Department
8728 SW Marine Dr, Vancouver
British Columbia, Canada, V6P 6A4
14. Termination. You agree that MSC may, under
certain circumstances and without prior notice, immediately terminate your access to the Service.
Cause for such termination shall include, but not be limited to: (i) breaches or violations of the
Agreement or other incorporated agreements or the Privacy Policy; (ii) requests by law enforcement
or other government agencies; (iii) discontinuance or material modification to the Service (or any
part thereof); and (iv) unexpected technical or security issues or problems. You agree that all
terminations for cause shall be made in MSC's sole discretion and that MSC shall not be liable to
you or any third party for any termination or access to the Service.
15. Dealings with Third Parties. Your correspondence
or business dealings with any third parties as a result of your visit and participation in the
Service, including, but not limited to, business dealings with mortgage brokers or lenders,
insurance agents or carriers, or any other terms, conditions, warranties, representations
associated with such dealings, are solely between you and such third party. You agree that MSC
shall not be responsible or liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such third party on the Service.
16. Disputes. This Agreement will be interpreted in
accordance with the laws of the Province of British Columbia, without regard to the conflicts of
laws principles thereof.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT MSC’S PLACE OF
BUSINESS IN THE PROVINCE OF BRITISH COLUMBIA, CANADA, AND ANY ARBITRATION, LEGAL ACTION OR
PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE
PROVINCE OF BRITISH COLUMBIA.
17. Modification to Service. MSC reserves the right
at any time and from time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that MSC shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
18. Waiver and Severability of Terms.The failure of
MSC to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of
such right or provision. If any provision of the Agreement is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other provisions of the
Agreement remain in full force and effect.
19. Disclosure of Your Information. You acknowledge,
consent and agree that MSC may access, preserve, and disclose the information we collect about you
if required to do so by law or in good faith belief that such access preservation or disclosure is
reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond
to claims that any information or content violated the rights of the third parties; (iv) respond to
your requests for customer service; or (v) protect the rights, property, or personal safety of MSC,
its users and the public.
20. Entire Agreement. The Agreement constitutes the
entire agreement between you and MSC and governs your use of the Service, superseding any prior
agreements between you and MSC. You also may be subject to additional terms and conditions that may
apply when you use or purchase certain when you use certain other MSC services, affiliate services,
third party content or third party software.
21. Survival. The following paragraphs shall survive
termination or your refusal to continue to use the Service: 6,7, 9, 10, 11, 12, and 16.
22. Statute of Limitations. YOU AGREE THAT
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF
RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM
OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Click
here to receive up to 5 Quotes on a home purchase loan, home refinance loan, home equity loan or
a debt consolidation loan.
|
