Terms of Use

Last Modified: June 9, 2017

This Mortgage Professionals Canada Website (“Website”) is owned and/or operated by Mortgage Professionals Canada (“MPC”, “we”, “us” and “our”). The information, views, and opinions shared and expressed throughout this Website are those of the respective author(s) and do not necessarily reflect the views, opinions, or policies of Canadian Mortgage Trends and/or MPC.  For the official positions of the mortgage industry please visit www.mortgageproscan.ca

By using this Website you acknowledge that you have read and understood and agree to be bound by the following terms and conditions (“Terms”). If you do not agree to these Terms, please do not access any pages of this Website. If you breach any provision of these Terms, or are no longer using the Website for the purposes permitted in this Terms, you may no longer use the Website.

No advice or information, whether oral or written, obtained by you through or from this Website or from any conversation with a MPC employee, contractor, or agent will operate to vary these Terms. These Terms may be amended by MPC at any time by posting an updated version on this Website without notice to you. Your continued use of this Website following any such amendments will mean that you accept and agree to such amendments.

CONTENT OF THIS WEBSITE

While care has been taken to ensure the information contained within this Website is accurate and up-to-date, no warranty is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in such information. MPC may amend this Website at any time with or without notice to you. You agree that MPC shall not be liable to you or to any third party for any amendment, modification, suspension, or discontinuance of this Website or any products or services described on this Website.

This Website may provide links to external sites and resources (including but not limited to, Websites of our affiliates). No other person/company may provide a link to this Website without the express written permission of MPC. The content, accuracy and opinions expressed in such Websites are not checked, monitored or endorsed by us. Access to any third party Website is at your own risk. You agree that MPC has no responsibility or liability for third party Websites and that MPC shall not be liable in any way for any damage or loss caused in relation to the content, products or services available through the third-party Websites.

NO PROFESSIONAL ADVICE

Any information (including articles on the Website) supplied by MPC, including its employee, contractor or agent whether by way of the Website, telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Website, and does not constitute legal, tax, accounting or other professional advice and may not be relied on to base any claim or action. MPC makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through the Website.

USE OF THIS WEBSITE AND POSTINGS

You agree that you will only use this Website in a way which is consistent with these Terms and which complies with applicable laws and regulations. In particular, you agree that you will not use this Website to send or upload any material containing software, viruses or other codes, programs or files designed to interrupt, destroy, damage or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this Website.

All information, data, text, software, graphics, images, avatars, video, messages, reviews, opinions, suggestions or other materials created by users on any part of the Website, including but not limited to its comment forums and chat boards, (the “Postings”) are the responsibility of the user creating the Postings. MPC HAS NO RESPONSIBILITY OR LIABILITY FOR THE POSTINGS. MPC retains the right, which it may or may not exercise, in its sole discretion, to review, edit, refuse, block or delete any Postings for any reason whatsoever. MPC will not be liable to you or any third-party for any modification or discontinuance of your Postings. MPC does not control the Postings posted on the Website and does not guarantee the accuracy, integrity or quality of such Postings.

You acknowledge and agree that MPC may preserve the Postings and may also disclose any information as necessary to satisfy any law, regulation or governmental request, comply with legal process, enforce these Terms or to protect itself, its users and/or the public.

AUTHORIZED USE

Any person is hereby authorized to view and copy the information available on this Website for personal and non-commercial purposes only, provided that each copy includes any copyright or trademark notice or attribution as they appear, on the pages copied. The information and materials may not otherwise be used, reproduced, displayed, downloaded, licensed, modified, sold, distributed, published, or broadcasted, to create a derivative work or used for public or commercial purposes, without the express written consent of MPC and/or the relevant information providers. You agree to comply with reasonable written requests by MPC to protect the information providers’ and MPC’s respective rights in the information.

You hereby represent and warrant that you have all necessary rights in and to all Postings you provide. You agree not to post, transmit, link to, upload or otherwise submit or distribute any Postings that:

  • infringe any proprietary or other rights of third parties, including any copyright, trademark, patents, trade secrets, privacy or other proprietary or property right;
  • contain any libellous, tortious or otherwise unlawful information;
  • are inappropriate, profane, defamatory, infringing, obscene, pornographic, indecent or unlawful;
  • denigrate a class of people because of their race, religion, country of origin, sexual orientation or gender;
  • depict violent or criminal acts, or seek to incite violence or crime, or relate or pertain to any “hate group”;
  • further or promote any criminal activity or provide instructional information about illegal activities;
  • could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
  • include a photograph or personal information of another person or use that person’s correspondence or personal documents without that person’s consent;
  • involve or promote commercial activities or seek solicitations on behalf of charities or donations of any kind;
  • abuse, stalk, harass, threaten or otherwise violate the legal rights of others; or
  • use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website without MPC’s express written consent.

MPC reserves its right to restrict, suspend or terminate your use of this Website at any time in MPC’s absolute discretion.

LIMITATIONS OF WARRANTIES AND LIABILITY

MPC shall not be liable on any theory of liability arising out of or in connection with your use of this Website. This Website and the information contained therein are provided “as is” and “as available” and MPC specifically disclaims to the full extent permitted by law, all representations, warranties and conditions of any kind, whether express or implied, including, but not limited to, all warranties and conditions of accuracy, accessibility, performance, durability, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. There is no representation or warranty that this Website will meet any user’s requirements, be uninterrupted, timely, secure or error-free.

In no event shall MPC and its licensors, if any, be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential losses or damages of any kind, including but not limited to any lost profits, goodwill, data, business, savings, income, profits, use, or economic loss, whether or not MPC was advised of the possibility of such damage or loss.

Descriptions of, or references to, products, services or publications within this Website are provided for general information purposes only and do not imply endorsement approval of that product, service or publication. MPC makes no warranty of any kind with respect to the subject matter or products listed herein, or the completeness, accuracy or reliability of the information.

PRIVACY POLICY

Information about MPC’s collection, use and disclosure of personal information is provided here https://www.mortgageproscan.ca/en/site/doc/20410.

INDEMNITY

We may involve and co-operate with law enforcement authorities in taking action against users of this Website who are involved in any suspected misuse of this Website or illegal activity in connection with this Website. You agree to indemnify, defend and hold MPC and its officers, directors, partners, employees, contractors, affiliates and agents harmless from any and all losses, damages, liability and costs, including legal fees, resulting directly or indirectly from any claim or demand against MPC arising out of or related to your use of this Website (including but not limited to the Postings), violation of these Terms, or violation of applicable law or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with our defense of such matter.

OWNERSHIP AND INTELLECTUAL PROPERTY

The intellectual property rights in this Website (including all content, code, information, graphics, text and designs, images, documents, trademarks, logos, photographs, product names, and other elements available on the Website) are owned by MPC or its licensors. We reserve all rights that are not specifically granted under these Terms. Nothing in these Terms should be read as granting a license or right to you under an intellectual property right that we own or that is owned by any third party.

This Website may contain names and logos which are trademarks of MPC. Any use of any of these names and logos without written permission of MPC is prohibited. In the event that you wish to publish or distribute written marketing or other promotional material based upon the content of this Website, you may only do so having first obtained the prior written consent of MPC.

SEVERABILITY

In the event that any provisions of these Terms are held by a court of competent jurisdiction to be invalid or unenforceable then the remainder of these Terms shall remain valid and enforceable. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you nevertheless agree that the court shall endeavor to give effect to MPC’s intentions as reflected in these Terms.

JURISDICTION AND GOVERNING LAW

These Terms shall be governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada. Any dispute between MPC and you or any other person arising from, connected with or relating to the Website, these Terms or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto.