Terms Of Use Agreement

Lending Mill (“Lending Mill”, “LM”, “We”, “Us”, “Our”, which terms include all of Lending Mill’s officers, directors, shareholders, employees, subsidiaries, agents, and affiliates) owns and operates the Website located at WWW.LENDINGMILL.CA (the “Website” or “Site”), collectively the “Services”. These terms of use (the “Terms of Use”, “Terms”) apply to all users of the Website, including users who upload any materials to the Website, users who use services provided through this Website, and users who simply view the content on or available through this Website (individually, “User”, “You”, “Your”, and collectively “Users”). References in these Terms to the Website includes the following Website[s] www.lendingmill.ca and all associated web pages. “Content” includes text, software, code, scripts, ad scripts, graphics, photos, sounds, music, videos, audiovisual combinations, advertisements, interactive features, communications, including but not limited to email, fax, telephone and other forms, and other materials that the User may view on, access through, or contribute to the Service.

You should read these terms and conditions carefully before using the Website. By accessing or using this Website or otherwise indicating Your consent, You agree to be bound by these terms and conditions and the documents referred to in them. If You do not agree with or accept any of these Terms, You should cease using the Website immediately. If You have any questions about this Website, please contact support@lendingmill.ca.

These Terms 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 it is your responsibility to review the Terms prior to each time using the Website.

Ability to Accept Terms of Service

You may use the Services only if You are at least 18 years of age. Your access or use of this Website indicates Your representation that You are at least 18 years of age. We assume no responsibility or liability for any misrepresentation of Your age. Lending Mill reserves the right to request proof of identification, residence and age.

All Users 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. It is solely Your responsibility to determine whether Your use of the Services is lawful, and You must comply with all applicable laws.

The Services

LM allows brokers who register for an account (“Brokers”) and Lenders who register for an account (“Lenders”) through the Website to manage and share information among closed user groups. The Services are designed to:

  1. allows licensed mortgage brokers (where such a license is required) and mortgage; agents who represent borrowers to advertise their clients’ mortgage requests; and
  2. allows Lenders to review advertised mortgage requests and offer services/ place bids
  3. enables Brokers and Lenders to manage accounts and lending deals they are granted access to.

In order to access the Services, You must be a registered User and You can use the Services from a computer and/or a personal mobile device.

Content

All information, data, databases, ideas, charts, reports, articles, publications, analyses, inventions, observations, concepts, know-how, techniques, technology, text, software, photographs, graphics, video, messages, product names, company names, trademarks, logos and trade names, and other content and materials, including any intellectual property rights contained therein, posted or otherwise transmitted to the Website by Users (“User Content” or “Content”), is the sole responsibility of such Users. This means that the User, and not LM, is entirely responsible for all Content uploaded, posted, emailed, transmitted or otherwise made available by using the Services. LM does not control or actively monitor Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to Content that is inaccurate or otherwise misleading. Under no circumstances will LM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage to any kind incurred as a result of the viewing or use of any Content posted, emailed, transmitted or otherwise made available via the Services.

Restrictions on User Content and Use of the Services.

LM reserves the right at all times (but will have no obligation) to remove or refuse to distribute any Content and to terminate Users or reclaim usernames. Subject to the terms of Our Privacy Policy, We also reserve the right to access, read, preserve, and disclose any information as We reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of Our Users and the public.

Account Registration

If Your use of the Website requires an account identifying You as a User, You:

  1. Are solely responsible for Your account and the maintenance, confidentiality and security of Your account and all passwords related to Your account and any and all activities that occur in Your account including all activities or any persons who gain access to Your account with or without Your permission. You agree that LM is not responsible for any loss or damage arising from Your failure to keep your password and account secure.
  2. Agree to immediately notify us of any unauthorized use of Your account, any service provided through Your account or any password related to Your account or any other breach of security with respect to Your account or any service provided through it and You agree to provide assistance to us as requested to stop or remember any breach of security to Your account.
  3. Agree to provide true current accurate and complete customer information as requested by Us from time to time and you agree to promptly notify us of any changed to this information as required to keep such information held by Us current complete and accurate.

Lending Mill has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).

Privacy

Lending Mill collects, uses and discloses Users’ personal information in accordance with its Privacy Policy, which is available by clicking_________________. LM Privacy Policy may be changed from time to time by Us in Our own discretion without any notice or liability to Users. By accepting these Terms, and each time You use and access the Website, You consent to the collection, use and disclosure of Your personal information by LM in accordance with the Privacy Policy as it then reads.

Acceptable use

You agree not to use the Website for any unlawful propose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of LM.

You further agree not to use and or access the Website:

  1. To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
  2. To violate any intellectual property rights of us or any third party;
  3. To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
  4. To perpetrate any fraud;
  5. To unlawfully gather information about others;
  6. To alter or modify any part of the Service. You are a Lender advertising Your services directly to Brokers/Agents;
  7. To distribute in any medium, any part of the Service or content without LM’s prior written authorization, unless the means for such distribution are a function of the Service;
  8. To upload, distribute or transmit any false, illegal, or misleading information.

Disclaimer

LM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LM CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. LM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LM SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

LM reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or Terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will LM be liable to You for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if LM has been advised of the possibility of such damages.

YOU HAVE SOLE RESPONSIBILITY FOR ANY DECISIONS YOU MAKE BASED ON INFORMATION CONTAINED IN THE SERVICES, INCLUDING, BUT NOT LIMITED TO, USER CONTENT. IF YOU USE THE SERVICES, YOU ARE AGREEING THAT THIS LIMITATION OF LIABILITY IS REASONABLE AND IN KEEPING WITH THE NATURE OF THE SERVICES.

Indemnity

You agree to indemnify and hold LM harmless from any demands, loss, liability, claims, damages, costs, proceedings, actions, or expenses (including attorneys’ fees), made against LM by any third party due to or arising out of or in connection with Your use of the Website.

Non-Transferable

You may not transfer or sell Your account and account designation to another party. If You are registering as a business entity, You personally guarantee that You have the authority to bind the entity to these Terms.

Account Termination

LM reserves the right at all times (but will have no obligation) to terminate Users or reclaim usernames at its sole and absolute discretion. 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 and possible termination. 

LM, at any time, without prior notice and in its sole discretion, may remove Content offending this agreement and/or terminate the User’s account for submitting materials or using the Website in violation of these Terms.

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). LM  assumes 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, LM 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. The negation of damages set forth above are fundamental elements of the basis of the bargain between LM and Users. This Website, services, and the contents would not be provided without such limitations. LM 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 the User.

The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for Your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third-party website may be governed by the Terms and conditions of that third-party website.

Third Party Lender Policies

All rules, policies (including privacy policies), and operating procedures of Lenders will apply to Users while interacting with the Lenders. LM is not responsible for information provided by Users. Neither Users nor LM has authority to make any representations or commitments on behalf of the other.

Governing Laws

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.

Severability

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 LM in order to have full access to the Website, shall take precedence over the Terms in the event of a conflict or inconsistency. Failure of LM to enforce any provision of the Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Copyright and Trademarks

All 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. Users of the Website shall only be entitled to copy Website content for their own personal use and may not republish or reproduce any part of the Website in 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 per mission of LM.

Survival

All provisions of these Terms of Use will survive termination, including without limitation, the disclaimers, limitations on liability, warranties, representations, ownership, termination, interpretation, intellectual property provisions, Your licenses to Us and the indemnity provisions of this Agreement will survive the termination or expiry of this Agreement.

If You have any questions about these Terms or if You wish to provide any feedback, please contact us at:

  • Address: 208-18 Wynford Dr.,North York, ON M3C 3S2
  • Phone Number: 416-474-7788
  • Email Address: support@lendingmill.ca