(a) “Content” means any text, photographs, graphics, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.
(b) “we”, “us” or “our” means OneClose Inc.
(c) “you” or “your” means the person accessing or using the Site or its Content.
In order to use certain parts of the Site, you may be asked to complete an online registration form. In consideration for your use of this Site, you agree to provide true, current, complete and accurate information as requested on any form and to update that information as soon as possible after any information on such form has changed.
Upon registration, you will be provided with a username and be required to create a password. You are solely responsible for keeping that username and password confidential, and for any activity that occurs on the Site under such username and password.
Consent for Credit Checks
If you apply for a mortgage loan using the Site, you will be asked to provide consent to us obtaining a credit report from a credit reporting agency. By providing such consent, you consent to OneClose Inc. requesting, receiving and using credit and other personal information about you, including credit reports, from any credit reporting agency and exchanging information with any of them. You acknowledge that this consent is effective immediately and that the information being obtained about you will be used to determine your eligibility for a mortgage loan and for no other purpose. You authorize any credit reporting agency to provide this information to us.
Restrictions of Use
As a condition of your use of the Site, you agree:
(a) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
(b) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(c) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content;
(d) not to use the Site to distribute viruses or malware or other similar harmful software code; and
(e) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site.
We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these Terms or any applicable law.
Intellectual Property Rights
This Site and all intellectual property rights in the Site, including without limitation any Content, are owned by us. We reserve all our intellectual property rights, which include without limitation all copyright, trademarks, service marks, trade names, domain names, design rights, database rights, patents and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world.
By accessing this Site or sending email to us, you are communicating with us electronically. By doing so, you agree to receive communications from us electronically. We will communicate with you by email at the email address provided by you or by posting notices on this Site or any other website that may be generally designated in advance for such purpose.
Accuracy of Information
While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content (including any information sourced from third parties or estimates calculated by us) is or remains available, accurate, complete and up-to-date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Content on this Site does not constitute technical, financial, investment or legal advice or any other type of advice and should not be relied on for any purpose.
Availability of the Site
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
Hyperlinks and Third-Party Sites
The Site may contain hyperlinks or references to third-party websites other than the Site. 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 site may be governed by the terms and conditions of that third-party site.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS (WHETHER EXPRESS OR IMPLIED) IN RELATION TO THE PROVISION OF THE SITE, INCLUDING WITHOUT LIMITATION AS TO COMPLETENESS, ACCURACY, RELIABILITY AND CURRENCY OF ANY CONTENT ON THE SITE (INCLUDING ANY INFORMATION SOURCED FROM THIRD PARTIES OR ESTIMATES CALCULATED BY US), OR AS TO SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
ONECLOSE INC., ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, IN TORT, NEGLIGENCE, EQUITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, IN ACCESSING OR USING THIS SITE.
You agree to indemnify and hold harmless OneClose Inc., its shareholders, directors, officers, employees, representatives and agents from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities resulting from your use of the Site or any breach by you of the Terms.
Changes to Terms
If any part of these Terms is held by a court of competent jurisdiction in any jurisdiction to be void, illegal, invalid or unenforceable, the enforceability of any other part of these Terms will not be affected.
These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
The parties acknowledge that these Terms and all related documents will be prepared in English.