Your use of the website located at www.fundever.com (the “Site”), including through a visit to the Site, constitutes your acceptance of the Agreement (as defined below) and forms a legal contract. Therefore, please take the time to review these terms carefully.
If you do not agree with some or all of these terms and are not of 18 years of age or older, do not use the Site.
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes will be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
AGE AND ELIGIBILITY
Use of this Site is strictly limited to those who are 18 years of age and older. Persons under the age of 18 are NOT eligible to participate on this Site.
You hereby represent and warrant that, and you will use the Site only if, at the time of use, you:
- are 18 years of age or older;
- can lawfully enter into and form contracts in accordance with applicable local laws; and
- if you are using this Site in your capacity as a mortgage broker, that you:
- are a resident of Canada and will remain as such during the term of this Agreement,
- are duly qualified and, if applicable, licensed, to act as a mortgage broker under applicable provincial, territorial and federal laws in Canada,
- are in compliance with all applicable laws and professional standards with respect to your activities as a mortgage broker and will remain as such during the term of this Agreement,
- are solely responsible for maintaining all registrations, memberships, and qualifications related to your status as a mortgage broker in the applicable jurisdictions within Canada, and you will maintain such registrations, memberships and qualifications in good standing during the term of this Agreement, and
- will conduct your activities on, through or in connection with the Site and your relationship with Fundever in compliance with all applicable legislation, regulations and professional standards.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to the Site, to anyone at any time for any reason, without any notice or liability.
LIMITATIONS OF USE
The Site, including without limitation the content, text, data, design, graphics, logos, icons, images, photography, interfaces, code, software, systems, processes, products, features and tools, and the design, selection, arrangement and “look and feel” thereof and all intellectual property associated with the foregoing (collectively, the “Site Content”) is the property of or is licensed to Fundever, and is protected under Canadian and international copyright laws. No right, title, or interest is granted to you in the Site Content. You agree that the Site Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Fundever. You may not modify, participate in the sale or transfer of, or create derivative works based on any Site Content, in whole or in part. The use of the Site Content on any other web site, including by linking or framing, is prohibited without Fundever's prior written approval. You also may not, without Fundever's express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Site Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
You may use the Site only for lawful purposes and in accordance with these Terms and any other written agreement you may have entered into with Fundever. You agree not to:
- use the Site Content or Site in any way that would constitute a violation of any applicable federal, provincial, local, or international law, regulation, rule or ordinance (including, without limitation, any laws regarding the export of data to and from Canada or other countries) or that could give rise to any civil or criminal liability;
- submitting false information on any application or otherwise that you submit to us while using the Site;
- use the Site to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms, or to gain unauthorized entry or access into Fundever’s systems;
- transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation on the Site; and
- engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Fundever or users of the Site or expose them to liability.
Fundever makes no claims concerning whether the Site Content may be downloaded or is appropriate for use outside of the Canada. If you access this Site from outside of the Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
ACCOUNT ACCESS AND SECURITY
By signing up for an account on the Site, you are entirely responsible for maintaining the confidentiality of your account, password, and other log-in details. Furthermore, you are entirely responsible for any and all activities that occur under your account. This liability will survive termination of your account. You shall notify Fundever immediately of any unauthorized use of your account. Fundever will not be liable for any loss that you may incur as a result of someone else using your password, account, or other log-in details, either with or without your knowledge. However, you may be held liable for losses incurred by Fundever or another party due to someone else using your account, password, or other log-in details. You may not use anyone else’s account at any time. We reserve the right to terminate your account for any reason whatsoever without notice to you and without prejudice to other remedies that it may have. In the event that access to your account is terminated, Fundever shall not be liable to you or any third party for termination of your account.
The Fundever name and logo, Fundever.com, and all associated design and/or graphics (collectively the “Fundever Marks”) are trademarks or service marks of Fundever. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Fundever or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Fundever Marks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks or service marks found on the Site unless in accordance with written authorization by us or the holder of the trademark. We prohibit the use of any of the Fundever Marks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Fundever Marks, or whether any mark or logo is a Fundever Mark, should be referred to Fundever.
Fundever connects you, as a broker or lender, to other brokers and lenders for the purposes of obtaining financing for a third party client. Fundever is strictly providing an introduction service through the Site and a software platform to assist lenders in identifying potential customers. You acknowledge that, by submitting information on behalf of a third-party client through the Site, you are not submitting a loan or mortgage application for that client. You acknowledge and agree that Fundever is not in any way arranging mortgages or taking mortgage applications, and that the sole responsibility for compliance with all applicable laws, regulations and professional standards in respect of any financing transactions resulting from introductions made on the Site or the arranging of any mortgages rests solely with you and not with Fundever. You further agree that the information you provide to Fundever and other users of the Site will be true, accurate, current and complete. You further acknowledge that Fundever is not a mortgage broker or lender nor does it intend to become a registered mortgage broker, and that Fundever does not provide loan financing. You agree that any financing for a third party client will be pursuant to separate contractual arrangements that will be between that client and you, and that Fundever will not have any contractual obligations whatsoever with any third party client, or any contractual obligations with you as it relates to the financing, except with respect to any fees owed to Fundever by lenders pursuant to the contracts between Fundever and such lenders. Your decision to connect a third party client with other brokers and lenders found through the Site and any contractual relationship created thereby is solely between you and such third party client. Fundever offers no representation or warranty to any third party client with respect to any of your products or services, or that you will offer any products or services to a third party client at any specified terms or at all. Fundever further offers no representation or warranty to you that a third party client will accept any products or services offered by you. Availability, provision, and acceptance of loan financing is solely at the discretion of you and the third party client. Fundever has no control or influence whatsoever regarding decisions made by you or a third party client. Fundever is not responsible for any loss, damage or payment of any kind incurred by you or any third party client as a result of any discussions, relationships or other business dealings between you and any such third party client.
LINKS TO THIRD-PARTY SITES
USE AND ACCURACY OF INFORMATION
Although Fundever uses reasonable efforts to ensure that the information contained on the Site is accurate, Fundever does not warrant or make any representation regarding the accuracy, currency or completeness of any information or data provided on the Site. Information contained on the Site is approximate only and is subject to change at any time and in any manner whatsoever. You acknowledge and agree that Fundever is not responsible for the manner in which other users of the Site utilize information you provide to Fundever or them in connection with the Site.
DISCLAIMER OF WARRANTIES
NONE OF FUNDEVER OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY, THE “FUNDEVER GROUP”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, CURRENCY, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE SITE CONTENT AND FUNDEVER DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE CONTENT.
THIS SITE AND ALL OF THE SITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE, OR THAT THE SERVICES REFERENCED ON THE SITE WILL MEET YOUR EXPECTATIONS. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE SITE CONTENT. THE FUNDEVER GROUP DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. FUNDEVER MAY DISCONTINUE OR MAKE CHANGES IN THE SITE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE FUNDEVER GROUP DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FUNDEVER RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY OF THE FUNDEVER GROUP BE LIABLE FOR ANY DAMAGE INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE SITE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THE FUNDEVER GROUP, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. THE FUNDEVER GROUP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE FUNDEVER GROUP'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO A MAXIMUM OF $100.
Use of this Site involves the interaction of lenders, mortgage brokers and/or borrowers. Fundever merely provides a marketplace for such users and we will not make any attempt to verify (i) the identity, creditworthiness or ethical standards of any user, or (ii) the accuracy or completeness of any information submitted by users on this Site. By accessing a user through this Site, Fundever does not endorse or recommend such user. You should take independent measures to determine the appropriateness of working with any user of the Site. If you believe that a user of the Site has provided false information, has acted illegally or unethically, or is abusing the Site or its purpose in any way, you should notify us.
MONITORING OF THE SITE
Fundever has no obligation to monitor the Site; however, you acknowledge and agree that Fundever has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect us or other users of the Site.
CONTACT BY FUNDEVER
You agree that we may contact you by phone, fax or email. The primary purpose of contact will be to inquire about the status of a loan, but contact may also be for other purposes, such as following up on correction of technical difficulties, user preference surveys and related communications.
SUBMISSIONS TO THE SITE
USE OF PERSONAL INFORMATION AND CONFIDENTIAL INFORMATION
Neither you nor Fundever will disclose the Personal Information regarding the other party or any third party received in connection with the Site unless the prior approval of the other party or such third party has been obtained. You hereby agree that you will be solely responsible for securing any Personal Information received by you against any accidental or unlawful loss, access, or disclosure, and for compliance with any privacy legislation applicable to such Personal Information.
You agree to treat as proprietary and confidential, and will not disclose or use for any purpose, except in the strict performance of this Agreement, any Confidential Information belonging to Fundever or any third parties, which is disclosed to you in connection with your use of the Site or this Agreement. “Confidential Information” will include all information, whether in tangible form or otherwise, relating in any way to Fundever’s business, products, and pricing. You will promptly cease using, and at Fundever’s request, return or destroy any and all copies of all Confidential Information in the event of termination of this Agreement.
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Site Content, no distribution or solicitation is made by Fundever to any person to use the Site or Site Content in jurisdictions where the provision of the site and/or content is prohibited by law.
This Agreement is effective until terminated by Fundever. Fundever may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Fundever's absolute discretion and without notice. The following provisions of this Agreement will survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Fundever to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever. Fundever may at any time and from time to time waive in whole or in part the benefit to it of any provision of these Terms or any default by you, but any waiver on any occasion will be deemed not to be a waiver of that provision thereafter or of any subsequent default or a waiver of any other provision or default.
APPLICABLE LAW AND COURT
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You consent and submit to the exclusive jurisdiction of the Courts located in the City of Vancouver in the province of British Columbia in all disputes arising out of or relating to your use of or inability to use the services referenced on the Site and this Agreement. However, you agree that nothing herein precludes Fundever’s application for injunctive remedies or other urgent legal relief in any jurisdiction.
Fundever shall be excused from performance under these Terms if Fundever is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under these Terms by reason of: (a) any provision of any present or future law or regulation, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications or other technological failure or other circumstance beyond the control of Fundever.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
Fundever may provide notifications (whether required by law, for authorized marketing or business related purposes) to you via email notice or through conspicuous posting of such notice on the Site, as we may determine in our sole discretion, and shall be deemed received at the time such notice is sent or posted. You agree to notify us in the event of a change to your designated email address. We are not responsible for any loss of communication if you de-activate the email address you provided. All communications made pursuant to or in connection with this Agreement will be in English. If this Agreement is translated into a language other than English, the English version will control its interpretation.
Fundever may assign or subcontract any or all of its rights and obligations under this Agreement at any time without notice to you. You acknowledge that you may not without prior written consent of Fundever, assign, transfer, rent, sub-licence or lease the rights granted hereunder or dispose of your obligations under this Agreement whether in part or in whole.
NO PARTNERSHIP/JOINT VENTURE
Nothing in this Agreement shall be construed as forming a partnership or joint venture with you, and no third party will have the right or ability to create any obligation on Fundever’s behalf. Neither party to this Agreement will have the authority to bind the other by contract or otherwise, or make any representations on behalf of the other. Each party acknowledges that Fundever is acting independently from any brokers and lenders using the Site, and that Fundever will not be deemed, under any circumstances, to be an employee or agent of any such broker, lender, or any of their affiliates for any purpose.
If you have questions regarding the Agreement or the practices of Fundever, please contact us by e-mail at contact@Fundever.com. Fundever is an assumed business name of Fundever Market Solutions, Inc., a BC corporation.
© Fundever Market Solutions, Inc. 2016
Last Updated: January 23, 2017
How We Collect and Use Personal Information and Client Information
“Personal Information” means information about an identifiable individual, but does not include “Business Contact Information” or general, statistical or aggregated information. Personal Information includes a name, home address, date of birth, contact information (including home telephone number and personal e-mail address), employment status, and income.
“Client Information” means information provided by you through our Website that concerns your clients or customers and their mortgage profile and prospective loan application and, if the client is an individual, can include your client’s name, home address, date of birth, contact information (including home telephone number and personal e-mail address), employment status, and income, but does not include the business position, name or title, business address, business telephone number, business email address, and business fax number, or general, statistical, or aggregated information, about the Client.
“Business Contact Information” means your business position, name or title, business address, business telephone number, business email address and business fax number.
We will identify the purpose for collecting your Personal Information and any Client Information when we request such information. We collect Personal Information only as necessary to provide services to you and will not use or disclose your Personal Information or any Client Information other than for the purpose for which it was collected, without your prior consent, unless required by law or requested to do so by any governmental authority. Without limitation, the Company may collect your Personal Information or any Client Information for the following purposes:
Providing Services. Your Personal Information and any Client Information may be collected and used by the Company to provide services to you via our Website or otherwise, including but not limited to, information provided by you when signing up for the Website or when submitting a mortgage profile for a Client. We will use such Personal Information and Client Information to process your Client’s mortgage profile, to make such mortgage profile information available to potential lenders on the Website, and communicate with you regarding such mortgage profile. We will not use Client Information for any purpose other than as related to the financing process.
Third Parties. You acknowledge and agree that your Personal Information and Client Information may need to be disclosed to certain third parties as part of our due diligence process in order for you to obtain our services.
Sharing Information. Your Personal Information may be collected from you and, with your express consent, used by the Company so that we can share information about our Company, the Website, or our services with you. With your express consent, we may use your Personal Information to communicate with you regarding your inquiries for information or to update you on your mortgage profile, account status, or other issues as they relate to your use of the Website, and based on your Personal Information, we may send you personalized promotions or offers.
Our Disclosure of Personal Information and Client Information
Retention of Personal Information and Client Information
We routinely destroy Personal Information and Client Information that is no longer required for the purposes described herein, in accordance with applicable laws.
Accuracy of Personal Information and Client Information
The Company takes reasonable steps to ensure that any Personal Information and Client Information in our custody is accurate and up-to-date for the purposes for which the Personal Information and Client Information is to be used by the Company. In most instances, we rely on users of the services to notify us of any changes to their Personal Information and any Client Information provided by them.
How We Protect Your Personal Information and Client Information
The Company uses reasonable and appropriate measures, including encryption software, designed to help you secure your Personal Information and Client Information against accidental or unlawful loss, access or disclosure. Only staff and service providers who have a legitimate business purpose for accessing the Personal Information or Client Information collected by us are authorized to do so. Unauthorized use of Personal Information or Client Information by anyone affiliated with the Company is prohibited and constitutes grounds for disciplinary action. Personal Information or Client Information collected by the Company or third parties referenced herein may be stored and processed in the United States or any other country in which they maintain facilities and by using the Website, you consent to any such transfer of information outside of Canada. We will use reasonable measures to ensure all Personal Information and Client Information is protected, but cannot ensure that the laws of other countries will offer the same level of protection as Canadian laws. By submitting your Personal Information and Client Information to us, you hereby consent to the transmission, processing and/or storage of Personal Information and Client Information outside of Canada.
Links to Third Party Sites
The use of our Services may lead you to third party websites. Those organizations are separate and distinct from the Company and have their own separate privacy policies. We are not responsible in any way for how any third party collects, uses or discloses your Personal Information or any Client Information, so it is important to familiarize yourself with the privacy policies of these websites before providing your Personal Information or any Client Information to them.
Upon written request to email@example.com you will be informed of the existence, use and disclosure of your Personal Information, and will be given access to that Personal Information. The Company provides an opportunity for individuals to challenge the accuracy and completeness of their Personal Information and have it amended as appropriate.
Last Revised: January 23, 2017