Terms Of Use
LENDING MILL maintains the information found at
www.lendingmill.ca (the “Website") as a service to its users. By using, visiting, or creating an account on the Website or any Website services (collectively the “Service"), You agree to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If You do not agree to these terms, You should not browse, create an account, review information, or obtain any media or documents from this Website.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement") with respect to the Website. This agreement applies to all users of the Service, including users who browse, create an account, review information and/or obtain any media or document, directly or indirectly, from this Website (collectively the “Users", individually the “User" or “You" or “Your"). “Content" includes text, software, scripts, ad scripts, graphics, photos, sounds, music, videos, audiovisual combinations, advertisements, interactive features, and other materials that the User may view on, access through, or contribute to the Service. Users agree to review this Agreement prior to reviewing or obtaining any information or Content. This Agreement may be amended by us from time to time without specific advance notice to You. The most recent Agreement will be posted on the Website, and You should review the Agreement prior to using the site.
Use of the Website
The Website is an online platform that allows licensed (where such a license is required) mortgage brokers and mortgage agents who represent borrowers to advertise their client’s(s’) mortgage requests, on which lenders and mortgage brokers who represent lenders may place offers. The Service is primarily an advertisement medium that allows Brokers and Agents to view mortgage product offerings provided by Lenders via the portal.
LENDING MILL DOES NOT CARRY ON THE BUSINESS OF DEALING IN MORTGAGES, TRADING IN MORTGAGES, MORTGAGE LENDING, OR ADMINISTERING MORTGAGES.
LENDING MILL DOES NOT CONNECT LENDERS WITH BORROWERS. IT IS AN ADVERTISING FORUM ON WHICH LENDERS MAY ADVERTISE THEIR SERVICES BY BIDDING ON SERVICES REQUESTED BY BROKERS/AGENTS.
LENDING MILL DOES NOT CONDONE USERS CARRYING ON THE BUSINESS OF DEALING IN MORTGAGES, TRADING IN MORTGAGES, MORTGAGE LENDING, OR ADMINISTERING MORTGAGES ON THE WEBSITE. DOING SO IS A DIRECT VIOLATION OF THESE TERMS OF USE. All Users, by virtue of using the Website, represent, and warrant that they are in compliance with the Mortgage Brokerage, Lenders and Administrators Act, 2006 and any other rules and regulations of the Financial Services Commission of Ontario or any other provincial or federal regulatory body.
Right to Use
LENDING MILL hereby grants you, the User, permission to access and use the Service as set forth in this Agreement, provided that:
You agree not to alter or modify any part of the Service.
You are a Lender advertising your services directly to Brokers/Agents.
You are a Broker/Agent using the Website to view mortgage product offerings of Lenders.
You agree not to distribute in any medium, any part of the Service or content without
LENDING MILL's prior written authorization, unless the means for such distribution are a function of the Service.
In using the Service, You will comply with all applicable laws. You agree not to upload, distribute or transmit any false, illegal, or misleading information.
Editing, Deleting, and Modification
LENDING MILL reserves the right in its sole discretion to:
a)discontinue any aspect of the Service at any time; and b) edit or remove any information on the Website at any time.
Indemnification
You understand that when using the Service, You will be exposed to Content from a variety of sources, and that
and Website are not responsible for the accuracy, usefulness, safety, security, or efficacy of or relating to such content.
You further understand and acknowledge that You may be exposed to Content that is inaccurate, inappropriate, misleading, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies that You have or may have against
LENDING MILL or the Website. Users are responsible for confirming the rates, terms and conditions, information provided and/or obtained from the Website.
LENDING MILL does not guarantee, warrant, or endorse any of the products, services, or information provided by Users.
LENDING MILL IS NOT A PARTY TO THE TRANSACTIONS ENTERED INTO BETWEEN USERS.
You agree to indemnify, defend, and save
LENDING MILL, its directors, officers, shareholders, partners, professional representatives, employees, independent contractors, agents, and affiliates (collectively, “Affiliated Parties") harmless from and against all claims of any kind, which third parties including any Users have ever had, now have, or may in the future have against You or the Company by reason of any cause, whether known or unknown, arising from, connected with or in any way related to without limitation (i) any violation of this Agreement; (ii) Your use of the Website; (iii) any violation of any third party right, including without limitation any applicable mortgage laws and property or privacy right; or (iv) any claim that Your Content caused damage to a third party.
Non-Transferable
Your right to use the Website is not transferable. Any password or right given a User to obtain access is not transferable. A User is solely responsible for the activity that occurs on their account, and the User must keep their account password secure. The User must notify us of any breach of security or unauthorized use of the User's account. The User may be liable for the losses of
LENDING MILL or others due to any unauthorized use.
Account Termination
LENDING MILL and the Website reserves the right to decide whether Users have violated this Agreement. For greater certainty, any violations of the Mortgage Brokerage, Lenders, and Administrators Act, 2006 and any other rules and regulations of the Financial Services Commission of Ontario will result in immediate suspension of account privileges.
LENDING MILL and the Website may, at any time, without prior notice and in its sole discretion, remove such Content and/or terminate the User's account for submitting materials or using the Service or Website in violation of this Agreement.
Disclaimer
THE CONTENT AND SERVICES FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS IS", “AS AVAILABLE", AND ALL WARRANTIES, EXPRESS, OR IMPLIED ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
LENDING MILL AND ITS AFFILIATED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY AND THE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND USER. THIS SITE, SERVICES, AND THE CONTENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
LENDING MILL AND AFFILIATED PARTIES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER AND THE RISK OR HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY ON YOU.
Third Party Services
LENDING MILL OPERATES AN INTERACTIVE TRANSACTION SERVICE ALLOWING ACCESS TO LENDERS FROM WHICH
LENDING MILL USERS MAY DECIDE TO CARRY ON BUSINESS WITH. THE USER UNDERSTANDS THAT
LENDING MILL DOES NOT OPERATE OR CONTROL THE PRODUCTS OR SERVICES OFFERED BY LENDERS. LENDERS ARE RESPONSIBLE FOR ALL ASPECTS OF FULFILLMENT, BILLING, AND CUSTOMER SERVICE.
LENDING MILL DOES NOT GUARANTEE, WARRANT, OR ENDORSE ANY OF THE PRODUCTS OR SERVICES PROVIDED BY THE LENDERS.
LENDING MILL IS NOT A PARTY TO THE TRANSACTIONS ENTERED INTO BETWEEN USERS AND LENDERS. USER AGREES THAT USE OF
LENDING MILL SERVICE IS AT THE SOLE RISK OF USER AND IS WITHOUT WARRANTIES OF ANY KIND BY THE COMPANY, EXPRESS, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS THE COMPANY LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN USERS AND LENDERS OR FOR ANY INFORMATION APPEARING ON LENDER SITES OR ANY OTHER SITE LINKED TO THE COMPANY SITE. COMPANY WILL NOT BE LIABLE TO USERS FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE COMPANY SERVICE.
Third Party Lender Policies
All rules, policies (including privacy policies), and operating procedures of Lenders will apply to Users while interacting with the Lenders.
LENDING MILL is not responsible for information provided by Users to Lenders. Lenders and
LENDING MILL are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Miscellaneous
This Agreement shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of Ontario, Canada (without regard to conflict of law principles). Any cause of action of User with respect to the Website (and/or information, forms and agreements, thereon) must be instituted within SIX (6) MONTHS after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Toronto, Ontario, Canada. User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable that portion shall be construed in a way that is consistent with applicable law and the remaining portions shall remain in full force and effect. The terms and conditions of any other agreements, which Users enter into with
LENDING MILL in order to have full access to the Website, shall take precedence over this Agreement in the event of a conflict or inconsistency. Failure of
LENDING MILL to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Links to Other Websites: This site may contain links to other websites including other User's websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. The inclusion of any linked website does not imply approval or endorsement of the linked website by us. If You decide to leave our site and access these third-party sites, You do so at Your own risk.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age and are fully able and competent to enter into terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide and comply with this Agreement. This Service is not intended for persons under 18 years of age. If You are under 18 years of age, then please do not use the Service.
COPYRIGHT POLICY
This Copyright and Privacy Policy (the “Policy") describes the Website's policies and procedures on the collection, use, and disclosure of Your information in connection with the Website and its Services. When using any of our Services, You consent to the collection, transfer, manipulation, storage, disclosure, and other uses of Your information as described in this Policy. Irrespective of which country You reside in or create information from, Your information may be used by the Website in Canada or any other country where the Website operates.
If You have any questions or comments about this Policy, please contact us at 416-474-7788.
Copyright and Trademarks
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and another proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by a User of any such content or any part of the Website, except as allowed by this section, is strictly prohibited. The User does not acquire ownership rights to any content or document obtained through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. All content and information found and published on the Website are protected by copyright. Users of the Website shall only be entitled to copy Website content for their own personal use and may not republish or reproduce any substantial part of the Website any manner whatsoever, including electronically reproducing this Website by “uploading", “downloading" or accessing the Website on the Internet or in any other local or international computer system, without the prior written permission of the owner of the Website and
LENDING MILL. An acknowledgement of the source must be included whenever any Website content is copied or published. If You require any further information on the permitted use or licence to reproduce or publish any material address Your inquiry to
LENDING MILL. Any infringement of the
LENDING MILL's rights will result in an appropriate legal action.
LENDING MILL disclaims any and all liability for any consequences which may result from the unauthorized reproduction or use of this Website whatsoever.
The copyright in this Website, and in the underlying source HTML files which implement the hypertext features of this Website (the “document set" or “Publication") is owned by the
LENDING MILL. Any person is authorized to view, reproduce, print and distribute this document set and/or any portion thereof, pursuant to the following conditions:
this document set may only be used for informational purposes;
this document set may only be used for non-commercial purposes; and
any copy of this document set or portion thereof must include this copyright notice.
The viewing or downloading of any content, form or document grants the User only a limited, non- exclusive licence for use solely by the User for his or her own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the User's personal use (but not for resale or redistribution).