Terms of Service
Last Updated: November 26, 2020
LenderSpotlight.ca provides a tracking service for mortgage products, guidelines and rates (collectively, “Mortgage Products”), to offer Users the ability to search for Mortgage Products that Users believe to be best suited to their needs. You may submit your contact information to us (see below), and we will forward you information regarding and allow you to search our database of third party Mortgage Products from various providers or brokers (“Vendor”), (collectively, the “Services”). There are two versions of the Service available, a basic offering of the Service (“Basic”) and a version with enhanced features (“Platinum”).
Service Disclaimer. By using the Services, you understand and acknowledge that LenderSpotlight.ca provides a platform for Users to get information for Mortgage Products from Vendors about their Mortgage Products. LenderSpotlight.ca is not a provider, vendor or broker of Mortgage Products, nor is it a financial advisor. The information provided on the Website is provided for information purposes only and is not and should not be construed as financial advice or any other kind of advice. LenderSpotlight.ca makes no representations or warranties about the accuracy of any information contained on the Website, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided therein, and some information may not always be up to date.
Any information about Mortgage Products appearing on the Website is provided directly by Vendors (“Vendor Content”), not by LenderSpotlight.ca. As between LenderSpotlight.ca and Vendor, Vendors are exclusively responsible for Vendor Content, and LenderSpotlight.ca shall not be responsible for any Vendor Content or for any inaccuracies in any Vendor Content or any losses, claims, expenses, damages, or liabilities that arise as a result of any Vendor Content.
Users are strongly encouraged to use common sense and discretion and to do their own research before relying on any of the information provided by the Website, and to consult an independent competent professional (such as, without limitation, an accountant, real estate agent, mortgage broker, insurance broker, or lawyer) before transacting with any Vendor for any Mortgage Product. We are not responsible for any advice provided by any professional you consult, nor are we responsible for the acts or omissions of any Vendor or User or for any actual, failed, proposed or discussed transaction following your use of the Services or any other decisions you make as a result of using the Website and/or Services. Users hereby understand and agree to use the information contained on this Website at their own risk.
Registration or Subscription
Users may be provided the option to register or may be required to register for a LenderSpotlight.ca account.
Registration. If electing to register for an account, you will be required to provide your personal information such as your name, e-mail, and address. You will also be required to select a username and password. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other individual or entity. LenderSpotlight.ca is not liable for any of the activity occurring on your account, including any unauthorized access to your account. Please notify us immediately if you believe your account has been compromised.
Subscription for Basic. The subscription for Basic is free. Lendesk reserves the right to charge for this product in the future.
Subscription for Platinum. If the Client elects to subscribe for the Platinum, Client will order the Platinum Services under this Terms of Service by placing written, signed orders on a Subscription Form (defined below), which may set out the specific Services, the term of the subscription, any special terms and conditions, and fees or payment terms. “Subscription Form” means an online or offline order document representing the subscription to the Services that, upon execution by Client, incorporates, and makes, these Terms of Service form part of the agreement between Client and us (the “Agreement”).
Free Trial. From time to time, Lendesk may, at its sole discretion, offer a free trial of Platinum on the terms and conditions set out in the communication making such an offer. Free trials of Platinum are for a period of 14 days, unless otherwise specified in writing by Lendesk. By submitting your payment details, you accept these terms and (i) consent to us using your payment details, (ii) acknowledge and agree to Terms of Service. If you decide that you do not want to become a paying user of Platinum upon the lapse of the free trial period, you have to terminate the Platinum Service at the designated unsubscribe section on the Website by the end of the free trial period. You may only use this free trial offer once. Lendesk reserves the right, in its absolute discretion, to withdraw or to modify a free trial offer at any time without prior notice and with no liability.
Combination. From time to time, Lendesk may, at its sole discretion, offer Spotlight Platinum in combination with one of Lendesk’s other products. When using any combination of Lendesk’s products, you agree to be bound by each of their respective online terms of service or use. The pricing for any combination of products is either displayed: (i) on the pricing page on the Website and may change from time to time, or (ii) in your order form and may change as specified in such order form. In a combination scenario your billing may occur in either the Spotlight account or other product’s account at our sole discretion. Lendesk reserves the right, in its absolute discretion, to withdraw or to modify a combination offer at any time without prior notice and with no liability.
LenderSpotlight.ca is not a provider, broker or vendor of Mortgage Products appearing on the Website. Any and all Mortgage Products that are listed or referred to on the Website are provided by third party vendors. Other than Related Party Brokerage, LenderSpotlight.ca is not affiliated with any of the Vendors and does not endorse any of the Mortgage Products or other products and services of any Vendor whose products appear on our Website. Any reference to the word “partner” should not be interpreted as LenderSpotlight.ca endorsing any Mortgage Product of any Vendor appearing on, advertised on, or linked to our Website.
User Eligibility for Mortgage Products
Users understand and agree that any transaction for any Mortgage Product is between Users and Vendors. Users may not be eligible for any or all of the Mortgage Products or for specific rates. The Vendor, and not LenderSpotlight.ca, is responsible for approving or denying any application you make for any Mortgage Product in its sole discretion.
The Website and Service is free for Users; however, Users understand and agree that LenderSpotlight.ca may receive fees for submitting Request Forms or making referrals to certain Vendors and/or our partner organizations.
All information, data, text, comments, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that Users, and not LenderSpotlight.ca, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. LenderSpotlight.ca does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. LenderSpotlight.ca is not liable in any way for any materials, including, but not limited to, any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use or non-use of any User Content.
Restrictions on User Content and Use of the Service
LenderSpotlight.ca reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate Users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information for any reason.
In using the Website and/or Service you shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- you do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
- collect or store data about other Users or viewers; or
- use the Service or Website, other than for personal use, or for a purpose that is competitive with the Service or Website.
If you violate any of these rules, then LenderSpotlight.ca may, in its sole discretion, suspend or terminate your account, or charge you a penalty of $4,000 which will be invoiced to you.
License of Content
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
End User License
If you provide LenderSpotlight.ca with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service (“Feedback”), LenderSpotlight.ca may use such Feedback in the Website or in any other LenderSpotlight.ca products or services (collectively, “LenderSpotlight.ca Offerings”). Accordingly, you agree that: (a) LenderSpotlight.ca is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to LenderSpotlight.ca, (c) LenderSpotlight.ca (including all of its successors and assigns and any successors and assigns of any of the LenderSpotlight.ca Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any LenderSpotlight.ca Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from LenderSpotlight.ca or any of the other Users of the Website in respect of the Feedback.
You acknowledge and agree that the Website may contain advertisements for Vendor Mortgage Products and other third party products and services. If you elect to have any business dealings with a Vendor or other third party whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser. LenderSpotlight.ca shall have no responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
Links & Third-Party Websites
This Website (including User Content) may contain links to other websites that are not owned or controlled by LenderSpotlight.ca. Any reference to any third party, third party product or service, including Vendor Mortgage Products, shall not be construed as an approval or endorsement by LenderSpotlight.ca of that third party, third party product or service. LenderSpotlight.ca is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. You hereby release LenderSpotlight.ca from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
You hereby agree that you bear all risk and you agree to release LenderSpotlight.ca. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services, your interactions and transactions with Vendors, your third party transactions, and our resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” LenderSpotlight.ca HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. LenderSpotlight.ca DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY ACT OR OMISSION OF ANY VENDOR. LenderSpotlight.ca SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY THIRD PARTY, INCLUDING ANY VENDOR. LenderSpotlight.ca WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
LIMITATION OF LIABILITY
Website Access & Changes
LenderSpotlight.ca may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. LenderSpotlight.ca may periodically add or update the information and materials on this Website without notice.
Information sent or received over the Internet is generally unsecure and LenderSpotlight.ca cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding any password that you may use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. LenderSpotlight.ca will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or otherwise want to contact LenderSpotlight.ca, please contact us at: admin@LenderSpotlight.ca.