Welcome to www.montrosemortgage.com, the official website (the “Website”) of Montrose Mortgage Corporation Ltd. (“MMCL”), and its Licensed Regional Offices (each a “Licensed Regional Office”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website. Please note that your use of the Website consitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. MMCL may revise this Agreement at any time, at their sole discretion, by posting an amended Agreement on the Website. Any changes that MMCL makes to this Agreement will be effective immediately upon posting. You are deemed to have agreed to any amendment by virtue of your continued use of the Website. If you object to any such amendment, your recourse is to cease using the Website.
- Licensed Regional Offices Are Independent. Each Licensed Regional Office is an independent entity carrying on its business under license from MMCL. Nothing in this Website or Agreement shall create or establish between one or more of the Licensed Regional Offices or between one or more of the Licensed Regional Offices and MMCL a partnership, a joint venture or other similar relationship. No Licensed Regional Office has authority to enter into any agreement or to assume or incur any obligation or responsibility for, or on behalf of, or in the name of, another Licensed Regional Office or MMCL.
- Ownership. The Website and all of its content is the property MMCL and third parties and is protected under applicable copyright and trade-mark law. The trade-marks MONTROSE, MONTROSE MORTGAGE, MONTROSECALGARY, MONTROSEATLANTIC, MONTROSEQUÉBEC, MONTROSEOTTAWA, MONTROSERESIDENTIAL, MONTROSEVANCOUVER, MONTROSEWINNIPEG, REAL ESTATE FINANCE SPECIALIST are trade-marks of MMCL. Other names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade marks of MMCL or third parties. Nothing on the Website shall be construed as conferring any licence of any intellectual property rights of MMCL or any third party, whether by estoppel, implication or otherwise. The Website and all of its content is for your personal use, provided such use includes a reference to the respective copyright and/or trade-mark notice or attribution as denoted on the pages copied. The Website and its content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of MMCL. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of the Website may be a violation of federal or other law that may apply to trade-marks and/or copyrights, and such actions could be subject the copier to legal action.
- Restrictions. You may not use the Website if you are in a jurisdiction where access to or use of the Website may be illegal or prohibited by applicable law. You agree that the material and content contained on the Website is made available to you for your lawful and personal use and that you may only download such material and content for the purpose of viewing the Website from a single personal computer. You agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is a violation of MMCL’s intellectual property rights to copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website, or to assist or facilitate any third party to do the foregoing, without MMCL’s written permission.
- No Solicitations. Nothing on this Website shall be considered a solicitation to buy or an offer to sell, or a recommendation for a security, or any other product or service, to any person in any jurisdiction where such solicitation, offer, recommendation, purchase or sale would be unlawful under the laws of that jurisdiction.
- No Investment Recommendations or Professional Advice; Use Of Tools. This Website is not intended to provide any investment, tax, legal, insurance or other advice, and nothing on the Website should be construed as a recommendation, by MMCL or its Licensed Regional Offices or any third party, to acquire or dispose of any investment or security, or to engage in any investment strategy or transaction. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you based on your investment objectives.
- Termination. MMCL shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice.
Your Conduct. You warrant and undertake that in your use of the Website you shall:
- use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
- not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
- not transmit or distribute any material or information which contravenes any applicable law or any person's legal rights; and
- use current virus monitoring software when using the Website.
- Inaccuracies. MMCL endeavours to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information may contain incomplete data, typographical errors, or inaccuracies, including incorrect information on services. MMCL presents its content and all data “as is” and MMCL makes no claims to its accuracy, either expressed or implied. MMCL reserves the right to amend errors or to update product and/or service information at any time without prior notice. MMCL does not warrant that the content of the Website including, without limitation, product and/or service descriptions, is accurate or complete.
- Forward-Looking Statements. Speculation or stated beliefs about future events, such as market and economic conditions, company or security performance, upcoming product offerings or other projections are "forward-looking statements". Forward-looking statements represent the beliefs of the speaker/author and do not necessarily represent the views of MMCL. General business, market, economic and political conditions could cause actual results to differ materially from what the speaker/author presently anticipates or projects.
- DISCLAIMER. THE WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE WEBSITE AND/OR ITS CONTENTS. MMCL AND THEIR AFFILIATES, LICENSEES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS (COLLECTIVELY, THE “MONTROSE MORTGAGE PARTIES”) DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS, BE SECURE, UNINTERRUPTED OR ERROR-FREE, CONTAIN DATA OR INFORMATION THAT IS NOT INACCURATE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. MONTROSE MORTGAGE PARTIES ALSO DISCLAIM RESPONSIBILITY FOR DAMAGES THIRD PARTIES MAY CAUSE TO YOU THROUGH THE USE OF THE WEBSITE, WHETHER INTENTIONAL OR UNINTENTIONAL.
- EXCLUSION OF LIABILITY. NONE OF THE MONTROSE MORTGAGE PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUES, BUSINESS OPPORTUNITY, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY MMCL OR ANY PERSON FOR WHOM MMCL IS RESPONSIBLE EVEN IF MMCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MMCL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT SHALL BE $100.
- Linking, Framing and Data Mining. MMCL makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of MMCL are strictly prohibited. When you access any other website you understand that it is independent from MMCL and that MMCL has no control over the content or availability of that website. In addition, a link to any other site does not mean that MMCL endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
- Submissions. While MMCL welcomes your comments, communications, suggestions, ideas and feedback regarding the Website and MMCL’s products and services (collectively, “Submissions”), MMCL does not wish to receive any confidential or proprietary Submissions. All of your Submissions to MMCL shall become and remain the property of MMCL. To the extent that ownership of the Submissions does not vest with MMCL, you grant MMCL a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right and license to exploit, disclose and modify, in any way, commercially or otherwise, the Submissions, with the right to sublicense. Any communication of a Submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding such Submission.
- Indemnification. You agree to indemnify, defend, and hold harmless Montrose Mortgage Parties from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from (a) your use of this Website, (b) any violation of these terms and conditions, and (c) any allegation that any information or material submitted by you to MMCL violates any intellectual property, proprietary, contract, or other right of any third party.
- Canada. Unless otherwise specified, the materials on this Website are displayed solely for the purposes of promoting the MMCL products and services available in Canada and the MMCL makes no representation that any products or services referred to in the Website are appropriate for use in or available for delivery to other locations outside of Canada. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
- Transmission of Information. Your use of the Website and email communications involve the transmission of information, including personally identifiable data, over the internet. You acknowledge that such transmission is not secure. You consent to such transmission and assume all risks associated with same.
- Severability. If any term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
- Compliance with Applicable Law. You shall comply with all laws, rules and regulations by any governmental authority or agency which govern or apply to the operation and use of the Website. Without limiting the foregoing, you agree to comply with such restrictions and not to export or re-export any part of the Website to countries or persons prohibited under the export control laws of Canada.
- Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on MMCL unless consented to in writing by MMCL. No waiver of any provision of this Agreement by MMCL shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
- Force Majeure. MMCL shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of MMCL.
- Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.