Rate Showroom Inc.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE ALL CLAIMS AND CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see sections 8 and 15). These provisions form an essential basis of our bargain.
If you do not agree to these terms and conditions, you are not authorized to access or use the Websites and you are to cease accessing or otherwise using the Websites.
For purposes of this Agreement, “You” or “Your” means the person(s) using the Websites, and/or the good, facilities or services of Rate Showroom Inc offered through alternative methods, including persons that allow others to provide information about themselves to Rate Showroom Inc. (as defined below), the banks, lenders and brokers on Rate Showroom’s network (“Lenders”), Providers (as defined in section 5) or real estate professionals (as defined in section 6). “Rate Showroom”, “us” or “we” means, but is not limited to the following entities:
• Rate Showroom Inc.
THE DISCLOSURES AND CONSENTS REQUIRED UNDER CERTAIN PROVINCIAL LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITES.
3. MORTGAGE LOAN REQUEST SERVICES
Rate Showroom offers two mortgage loan request services, each of which is explained in more detail below.
• The first service option is the Rate Showroom process that occurs when you complete a traditional (short-form) Rate Showroom Rate Lock-In request and get matched with a Mortgage Broker who will respond with and application to secure conditional loan offers.
• The second service option is Rate Showroom’s mortgage application form. By completing this on-line form you authorize Rate Showroom to forward you application directly to a licensed mortgage broker to evaluate your ability to qualify for a mortgage and to provide you with the advice necessary to make an informed decision. Under no circumstances will Rate Showroom assist you with the completion of the mortgage application nor will Rate Showroom provide any advice on obtaining a mortgage or on selecting a specific mortgage.
- Terms Applicable to All Mortgage Rate Request Services
Rate Showroom is an information service only and does not supply any specific advice to individual situations nor will Rate Showroom assess your ability to qualify for a mortgage. General information is available to consumers through a series of articles and expert opinions. These are not to be taken in context for individual situations. Where appropriate Rate Showroom will refer consumers to licensed a Mortgage Broker to provide expert advice to individuals as well as assessments as to their ability to qualify for published rates. Rate Showroom does not charge you a fee for its service in matching you with Mortgage Brokers or Lenders.By clicking on any button or link indicating an acceptance or agreement to terms, a continuance of processing or submission (“submission”) you understand that you are agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a lending product through Rate Showroom to each of the Brokers and/or Lenders to whom your loan request is transmitted. By submitting the loan request containing your electronic signature, you are extending an express invitation to each Broker and/or Lender you have been matched with to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list, or by email at the email address you provided or at another address that may be associated with you that we receive from Brokers or Lenders or other parties and you hereby consent to any such email so it will not be considered spam or unauthorized by any local, Provincial or federal law or regulation. By saving your information with Rate Showroom or by doing a submission, you give Rate Showroom permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information in regards to your submission, including incomplete loan requests, the deliver of loan request matches, deadlines, quality of services or other matters in connection with your loan request. For any service, you represent that all of the information you have provided in your submission and loan request is true and complete.
- B. Traditional (Full-Form) Rate Showroom Loan Request Service
Rate Showroom seeks to provide you multiple conditional loan offers either through its network of non-affiliated Brokers and/or Lenders or though its affiliate, ZoomMortgage.ca Inc. By submitting any form on a Rate Showroom website, you authorize Rate Showroom to provide information provided by you or third parties either to Brokers and/or Lenders on the Rate Showroom network. You also authorize Rate Showroom, its Lenders and Brokers, along with any additional Lenders, insurers or investors necessary to complete your loan transaction, to request from one or multiple credit bureaus /reporting agencies, your credit bureau report including any ancillary credit scores or ratings and to check your credit and employment history.Rate Showroom Network of Lenders. Rate Showroom seeks to provide you multiple conditional loan offers through its network of non-affiliated Lenders (Chartered banks, mortgage brokers, mortgage bankers and finance companies).
4. DISCLAIMERS AND LIABILITY
Rate Showroom intends that the information contained in the Websites be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein may be made by Rate Showroom at any time. Under no circumstances will Rate Showroom be liable for any loss or damage caused by your reliance on information obtained through the Websites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Websites.
THE WEBSITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS”. Rate Showroom AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THE WEBSITES AND/OR RATE SHOWROOM’S SERVICES IS AT YOUR OWN RISK. RATE SHOWROOM AND/OR ITS SUPPLIERS, LENDERS, PROVIDERS OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR THE INABILITY TO USE THE WEBSITES AND/OR RATE SHOWROOM’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED AT THE WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RATE SHOWROOM RECORDS, PROGRAMS OR SERVICES, , OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RATE SHOWROOM AND/OR ITS SUPPLIERS, PROVIDERS OR REAL ESTATE PROFESSIONALS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
5. ELECTRONIC COMMUNICATIONS/NOTICES AND INFORMATION DELIVERED ELECTRONICALLY
Rate Showroom, Brokers, Lenders, Providers and real estate professionals may choose to electronically deliver all information related to its services and your requests. Rate Showroom, Brokers, Lenders, Providers and real estate professionals’ electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices required under applicable law, other terms, conditions and documents, and the privacy policies of Rate Showroom, Brokers, Lenders, Providers and real estate professionals.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Rate Showroom, Brokers, Lenders, Providers and real estate professionals. This means that Rate Showroom, Brokers, Lenders, Providers and real estate professionals may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that we receive from Brokers, Lenders, Providers and real estate professionals or other parties. You agree that you meet the below technical requirements and are able to access and retain copies of notices and information sent or made available electronically.
As a condition of use of the Websites and/or Rate Showroom’s services, you agree to indemnify Rate Showroom and its suppliers, Brokers, Lenders, Providers or real estate professionals from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.
7. LIMITATION ON DAMAGES
In no event will Rate Showroom have any liability to you in excess of actual compensatory damages. You irrevocably waive any claim to consequential, punitive or exemplary damages.
8. LINKS TO THIRD PARTY WEBSITES
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Rate Showroom does not operate or control in any respect any information, software, products or services available on such websites. Rate Showroom’s inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. When you leave the Websites please note that Rate Showroom is not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third party technologies or programs available through that website.
9. ERRORS AND DELAYS
Rate Showroom is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
10. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Websites, to the goods or services provided by Rate Showroom, or to any acts or omissions for which you may contend Rate Showroom is liable, including but not limited to any claim or controversy as to arbitrarily (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator. The arbitration shall be venued in consumer location reasonably convenient to the consumer. The parties shall jointly select an arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration. To begin the arbitration process, a party must make a written demand therefor.
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joiner or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND RATE SHOWROOM WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Rate Showroom’s goods, facilities and services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Rate Showroom, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the province of Ontario. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
11. OTHER TERMS
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Websites and any operating rules for the Websites established by Rate Showroom) constitutes the entire agreement between you and Rate Showroom and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Rate Showroom with respect to the Websites and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the Province of Ontario. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.