Privacy and Your Personal Information
Acceptance of Agreement
By using the information, tools, features, software and functionality including content, updates and new releases provided by K5 Mortgage Corp., of the K5 Mortgage Corp. Services, you agree to be bound by this Agreement, whether you are a “visitor” (which means that you simply browse the Site), or a “customer” (which means that you have registered for a K5 Mortgage Corp. service). The term “you” refers to you in your capacity as a visitor and/or a customer. If you wish to become a customer or want to make use of the K5 Mortgage Corp. Services, you must read and accept this Agreement.
You may not use any of the K5 Mortgage Corp. Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least the age of majority in your province of residence and, in any event, of a legal age to form a binding contract with K5 Mortgage Corp.
Before you continue, you should print or save a local copy of these Terms and Conditions for your records.
Permitted Use of the Site
Anyone is welcome to visit and browse the Site. However, only persons who are resident in Canada and are of the age of 19 (or the age of 18 in Alberta and Manitoba) or over may apply for any account, product or services available on or through the Site, including without limitation, K5 Mortgage Corp., and by so applying you represent and warrant to K5 Mortgage Corp. that you meet those qualifications. You may not enter any false, fraudulent, indecent, obscene, profane or otherwise inappropriate information into any application or other data entry form or page located on or through the Site, and you represent, warrant and agree that you will enter only true and accurate information into any form or page related to the Site, you will keep such information updated, and that you will use the Site only in compliance with all applicable laws. You acknowledge and agree that K5 Mortgage Corp. does and will cooperate with law enforcement officials and agencies in any investigation of potential or alleged violations of any applicable law. You acknowledge and agree that K5 Mortgage Corp. may investigate (or have investigated on its behalf) allegations of infringement of third party rights or abuse or any other inappropriate use of the Site.
Use with Your Mobile Device
Use of the K5 Mortgage Corp. Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. K5 MORTGAGE CORP. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (A) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE K5 MORTGAGE CORP. SERVICES AT ANY TIME OR FROM ANY LOCATION; (B) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (C) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE K5 MORTGAGE CORP. SERVICES.
Intellectual Property Ownership; Use, and Limits on Use, of Site Content
Availability of Site, Products and Services
The Site is visible across the world wide web and can therefore be viewed outside of K5 Mortgage Corp.’s home jurisdiction. The mere fact that you can view the Site from your jurisdiction does not imply that the products or services described on the Site are now, or will in future be, available in your jurisdiction.
Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the K5 Mortgage Services or any portion of the K5 Mortgage Corp. Services, without K5 Mortgage Corp.’s express written consent, which may be withheld in K5 Mortgage Corp.’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the K5 Mortgage Services, other than the search engines and search agents available through the K5 Mortgage Corp. Services and other than generally available third party web browsers (such as Microsoft Explorer or Safari);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the K5 Mortgage Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the K5 Mortgage Services; or
- Attempt to gain unauthorized access to any portion of the K5 Mortgage Services.
Social Media Sites
Disclaimer of Representations and Warranties
While K5 Mortgage Corp. uses reasonable efforts to include accurate and up-to-date information on this Site, it makes no representations or warranties, and provides no conditions, as to the truth, accuracy, reliability, usefulness, timeliness or completeness of that information. K5 Mortgage Corp. does not guarantee, and provides no warranties or conditions, that the Site or the K5 Mortgage Corp. Services will be sufficient or appropriate for every individual or situation, will be current, uninterrupted or error free. THE SITE, THE K5 MORTGAGE CORP. CONTENT AND THE K5 MORTGAGE CORP. SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND YOU USE THIS SITE AND THE K5 MORTGAGE CORP. SERVICES AT YOUR OWN RISK. THE K5 MORTGAGE CORP. CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE INFORMATION PROVIDED MAY NOT BE ACCURATE OR CURRENT, MAY NOT APPLY TO YOUR PARTICULAR SITUATION, OR MAY NOT BE SUITABLE OR APPROPRIATE FOR YOU. K5 MORTGAGE CORP. STRONGLY URGES YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE INFORMATION IT PROVIDES, AND YOU ACKNOWLEDGE THAT THE SITE AND THE K5 MORTGAGE CORP. SERVICES ARE NOT INTENDED TO, AND SHOULD NOT BE CONSIDERED TO, PROVIDE ANY LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. If you require advice in such fields, you should consult the appropriate professional advisors. K5 MORTGAGE CORP. MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO CONDITION, THAT THE SITE OR THE K5 MORTGAGE CORP. SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. You are strongly advised to obtain and use appropriate anti-virus and security software. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, K5 MORTGAGE CORP. HEREBY EXPRESSLY DISCLAIMS AND BY USING THIS SITE AND THE K5 MORTGAGE CORP. SERVICES YOU WAIVE ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER LEGAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, COMPATIBILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, QUALITY OR FITNESS FOR PARTICULAR PURPOSE OR THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR THE K5 MORTGAGE CORP. SERVICES, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. THIS SECTION 13 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS. You specifically agree that K5 Mortgage Corp. will not be responsible for unauthorized access to or alteration of the Site or any of the K5 Mortgage Corp. Services or your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site or relating to the K5 Mortgage Corp. Services. You specifically agree that K5 Mortgage Corp. is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that K5 Mortgage Corp. is not responsible for any content sent using or included in the Site or any of the K5 Mortgage Corp. Services by any third party.
Not a Financial Planner, Broker or Tax Advisor
NEITHER K5 MORTGAGE CORP. NOR THE K5 MORTGAGE CORP. SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX, FINANCIAL PLANNING OR ACCOUNTING ADVICE. K5 MORTGAGE CORP. IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The K5 Mortgage Corp. Services are intended only to assist you in managing your finances and are broad in scope. Your personal financial situation is unique, and any information and advice obtained through the K5 Mortgage Corp. Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF K5 MORTGAGE CORP. OR ANY THIRD PARTIES MENTIONED ON THE SITE AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES, SHALL BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, FAILURE TO REALIZE EXPECTED SAVINGS OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE K5 MORTGAGE CORP. SERVICES, THE K5 MORTGAGE CORP. CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THIS SITE OR ANY OF THE K5 MORTGAGE CORP. SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE OR RELATING TO THE K5 MORTGAGE CORP. SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT K5 MORTGAGE CORP. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST K5 MORTGAGE CORP., AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, MANDATARIES, LICENSORS, SERVICE PROVIDERS AND REPRESENTATIVES IN RESPECT OF ALL MATTERS REFERRED TO IN THE PRECEDING PARAGRAPH. IF FOR ANY REASON OR IN ANY CIRCUMSTANCE K5 MORTGAGE CORP. IS FOUND LIABLE TO YOU, THE MAXIMUM AGGREGATE LIABILITY TO YOU, FOR ANY AND ALL CLAIMS ARISING IN ANY WAY FROM OR RELATING TO THE USE (OR INABILITY TO USE) THE SITE, THE K5 MORTGAGE CORP. SERVICES, THE K5 MORTGAGE CORP. CONTENT, THE INFORMATION ON OR ANY LINK, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE OR RELATING TO THE K5 MORTGAGE CORP. SERVICES, OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE, RELATING TO THE K5 MORTGAGE CORP. SERVICES OR OTHERWISE, SHALL BE LIMITED TO CDN$10.00.
You agree to indemnify and hold K5 Mortgage Corp. and its affiliates, directors, officers, agents, mandataries, employees, licensors, service providers and representatives not reliable for all losses, damages, expenses and costs, including reasonable legal counsel fees, arising from or in connection with any breach by you of this Agreement.
Hyperlinks from Third Party Site
We hereby provide consent to you creating a single hyperlink to any page of the Site, provided that: (a) The content of the website (“your site”) from which you link to the Site is not offensive under, or in breach of, your local laws and standards or those of Canada, and in particular the content of your site does not promote or positively portray unlawful activity, violence or intolerance of any sort; (b) Your site is in compliance with all laws applicable in the jurisdiction in which it is hosted and all laws of Canada; (c) Your site does not misrepresent, overstate, exaggerate, or otherwise deceptively describe the Site, K5 Mortgage Corp. or the relationship between your site and either the Site or K5 Mortgage Corp.; (d) Your site does not disparage or in any way negatively portray K5 Mortgage Corp., the Site, or any product or service offered by K5 Mortgage Corp. or on the Site; (e) Your site, including the link permitted under this provision, does not infringe on any intellectual property right of K5 Mortgage Corp. More specifically (but without limiting the breadth of the previous sentence), your site does not use any material, logo, text, image, video, or graphic in which K5 Mortgage Corp. holds copyright or is a trade mark or service mark (registered or unregistered and whether or not any identifying “TM”,”SM”, or ®/ “R” in a circle marking is used in association with such marks) of K5 Mortgage Corp. (including any logo or URL of K5 Mortgage Corp., including the URL of the Site) except to the extent necessary to identify and link to the Site, and then only provided that a notice acknowledging K5 Mortgage Corp.’s ownership of the intellectual property is clearly displayed; (f) Your site does not, and no other website owned, controlled, or affiliated with you or your site, frames, mirrors, or otherwise displays any portion or content of the Site; and (g) You will, without any claim whatsoever arising there from, immediately upon request from a representative of the Site by telephone, facsimile, mail, email, or any other form of communication, remove any or all links to the Site from your site(s) as requested by such representative of the Site, whether or not such representative provides any reason or justification for such request. Your right to create any such link, in addition to be revocable as described above, is non-exclusive, and you acknowledge and agree that such right does not in any way provide you with any right or license (express, implied, by estoppel, or otherwise) in or to any Site content or any intellectual property of K5 Mortgage Corp. (or any third party the intellectual property of which is present or visible on the Site), including any copyright, trademark, service mark, patent, trade secret, trade dress or otherwise. Except as set out in this Section 17, you may not create any link to the Site without our express prior written consent.
Claims of Copyright Infringement
If you believe that material in which you hold copyright is visible on the Site without your consent, please contact us immediately at:
K5 Mortgage Corp. Please provide details of where the material is visible along with a description of the material, as well as your own name and contact information and such other information as is reasonably necessary to allow us to determine whether the K5 Mortgage Corp. Content in question infringes.
K5 Mortgage Corp. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or K5 Mortgage Corp. Services with or without notice. K5 Mortgage Corp. reserves the right to change the K5 Mortgage Corp. Services, including applicable fees, in our sole discretion and from time to time. If you do not agree to the changes after receiving a notice of the change to the K5 Mortgage Corp. Services, you may stop using the K5 Mortgage Corp. Services. Your use of the K5 Mortgage Corp. Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that K5 Mortgage Corp. will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the K5 Mortgage Corp. Services.
K5 Mortgage Corp. may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Site). In addition, this Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to this Agreement when you use the K5 Mortgage Corp. Services after those changes are posted.
Cookies and Similar Technologies
Governing Law and Forum for Disputes
Except as otherwise specified in the specific terms of any agreement arising through your use of the Site or any of the K5 Mortgage Corp. Services: (a) this Agreement is to be interpreted and governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without reference to principles of conflicts of laws; and (b) the courts located in Calgary, Alberta and the courts of appeal therefrom will have exclusive jurisdiction to hear and decide any and all disputes arising under this Agreement or otherwise arising from or relating to the Site, the K5 Mortgage Corp. Services and/or any K5 Mortgage Corp. Content. In the event that the laws of the Canadian jurisdiction in which you reside require that the laws of such jurisdiction apply to this Agreement and/or a venue located in such jurisdiction to hear all disputes arising under this Agreement, the foregoing governing law and/or venue, as applicable, will not apply to you.
Entire Agreement; Severability; Language
Unless otherwise specified in this Agreement, this Agreement constitutes the entire agreement between you and K5 Mortgage Corp. with respect to the Site and the K5 Mortgage Corp. Services and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and K5 Mortgage Corp. with respect to the Site and the K5 Mortgage Corp. Services. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents y afférents soient rédigés en anglais.
K5 Mortgage Corp.’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of that right or provision. All such waivers will be in writing and duly signed by K5 Mortgage Corp..
Voluntary Limitation Period
Regardless of any statute or law to the contrary, any claim and any cause of action against K5 Mortgage Corp. arising out of or related to use of the Site, the K5 Mortgage Corp. Services, the K5 Mortgage Corp. Content, this Agreement, or any other product or service available on or through the Site must be filed within one (1) year after the claim or cause of action arose.
Ending Your Relationship with K5 Mortgage Corp.
K5 Mortgage Corp. may at any time, terminate its Agreement with you and access to the K5 Mortgage Corp. Services: (a) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) if K5 Mortgage Corp. in its sole discretion believes it is required to do so by law (for example, where the provision of the K5 Mortgage Corp. Service to you is, or becomes, unlawful); or (c) for any reason and at any time with or without notice to you.
You acknowledge and agree that K5 Mortgage Corp. may immediately deactivate or delete your K5 Mortgage Corp. account and all related information in or relating to your K5 Mortgage Corp. account and/or prohibit any further access to the K5 Mortgage Corp. Services by you. Further, you agree that K5 Mortgage Corp. will not be liable to you or any third party for any termination of your access to the K5 Mortgage Corp. Services. We encourage you to download and retain copies of any agreements relating to the K5 Mortgage Corp. Services before requesting that we close your K5 Mortgage Corp. account.