terms of use

overview

These terms of use (“Terms of Use”) (i) govern your access to, and use of, www.capitalassetlending.com (the “Site”), and (ii) is a legal agreement between you and Capital Asset Lending Inc. (“we”, “us”, “our” or “Capital Asset”). By accessing and utilizing the Site, or accessing and using any of the services offered through the Site (the “Services”) you hereby agree that you: (i) have read and understand these Terms of Use; and (ii) are bound by and shall comply with these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site or the Services.

ownership
You acknowledge and agree that all content and materials made available through or in connection with the Site and/or the Services are protected by either our rights, or the rights of our licensors or other third parties, of copyright, trademarks, service marks, patents, or other proprietary rights and laws. You may not use any of the marks, logos, domains and/or trademarks that you may find on or in connection with the Site and/or the Services, unless you have our written permission. If you download or print a copy of any content and/or materials, you must retain all copyright and other proprietary notices contained on such content. Any information provided on or in connection with the Site or the Services is for your exclusive personal use or, to the extent you are a mortgage broker representing a third party client, the exclusive use of you and your third party client, in each case, for the personal benefit of your third party client. Any other use is strictly prohibited. All rights not expressly granted herein are reserved.

forward looking statements

Certain information set forth on the Site may contain “forward-looking information”, including “future-oriented financial information” and “financial outlook”, under applicable securities laws (collectively referred to herein as forward-looking statements). Forward-looking statements are provided to allow potential investors the opportunity to understand management’s beliefs and opinions in respect of the future so that they may use such beliefs and opinions as one factor in evaluating an investment.

These statements are not guarantees of future performance and undue reliance should not be placed on them. Such forward-looking statements necessarily involve known and unknown risks and uncertainties, which may cause actual performance and financial results in future periods to differ materially from any projections of future performance or result expressed or implied by such forward-looking statements.

There can be no assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. We undertake no obligation to update forward-looking statements if circumstances or management’s estimates or opinions should change except as required by applicable securities laws. You are cautioned not to place undue reliance on forward-looking statements.

disclaimers
The site and all content and functionality thereon is provided on an “as is” and “as available” basis. All content is the responsibility of the person that originated such content. Neither we, nor our affiliates give no representations, warranties or conditions of any kind, express or implied, as to the use of the site including, without limitation, any representations, warranties or conditions as to uninterrupted or error free operation, quality, accuracy, reliability, completeness, suitability, non-infringement, title, merchantability, or fitness for purpose. All such representations, warranties and conditions are hereby disclaimed.

limitation of liability
You acknowledge and agree that none of capital asset, its affiliates and/or licensors will be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages in connection with your access to or use of the site.

indemnity
You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any and all claims, liabilities, losses, damages, expenses and costs (including, but not limited to, reasonable legal fees) caused by or arising from (i) your access to, or use of, the Site and/r the Services, (ii) your violation of these Terms of Use; (iii) any breach by you of applicable laws; and (iv) your infringement or misappropriation of any intellectual property, privacy or other right of any third party.

terminating the site
You acknowledge and agree that we may terminate your access to, and use of, the Site and/or any of the Services if (a) you breach (or we reasonably believe you have breached) these Terms of Use; (b) required by applicable law; or (c) we discontinue the provision of the Site or a Services to our customers, generally. You acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for, or resulting from, any termination of your access to the Site or any of the Services.

personal information
In connection with your access to and use of the Site and/or the Services we may collect personal information from you. Our collection, use and disclosure of personal information is governed by our privacy policy www.capitalassetlending.com/privacy which is incorporated herein by reference. To the extent you provide us personal information about an individual other than yourself (for example, in the context of a mortgage broker, an applicant you are representing) you represent and warrant to us that you have obtained all necessary consents and authorizations under applicable privacy and data protection laws from that individual to disclose his or her personal information to us and permit us to use and disclose such information in accordance with our privacy policy.

contact us
If you have any questions or comments with respect to the Site or the Services, please contact us at info@capitalassetlending.com.

miscellaneous

Entire Agreement. These Terms of Use constitute the entire agreement between you and Capital Asset with respect to the subject matter hereof.
Governing Law. These Terms of Use shall be governed by, construed and interpreted in accordance with the laws of the Province of Ontario, or the laws of the Province of Québec for Québec residents, and the laws of Canada applicable therein, excluding their rules governing conflicts of laws. Both parties hereby expressly and irrevocably attorn to the exclusive jurisdiction of the courts of competent jurisdiction sitting in Toronto, Ontario, or the courts of the Province of Québec for Québec residents, or in such other jurisdiction as Capital Asset may enforce its rights.
Severability. To the extent any provision of these Terms of Use, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms of Use shall remain in effect as written.
No Waiver. Capital Asset shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Capital Asset. No delay or omission on the part of Capital Asset in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies.
Modifications. Capital Asset reserves the right to make any changes to the Site, its content and/or services offered through the Site at any time and without notice. Capital Asset may modify these Terms of Use (in whole or in part) at any time in accordance with applicable law.
Third party links. The Site may provide links to third party sites or resources. You acknowledge and agree that we are not responsible for the availability of such sites and/or resources and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Such third parties have their own terms of use and other applicable policies. You should check such terms and policies before you utilize such third party sites and/or resources.
English Language. You agree that these Terms of Use any correspondence in connection therewith will be drawn up in English only. Vous convenez que ces Conditions d’utilisation et toute correspondance connexe seront rédigés en anglais seulement.