Terms & Conditions
Please read these Terms carefully because they are a binding agreement between You and Brokeredge.
Brokeredge is a proprietary software product that among other functionalities, provide allows a brokerage and/or its agents to connect to mortgage application systems, communicate with clients, manage deal flow of a transaction, perform email and digital marketing, task management and provide document management ("Services").
You are required to create an account and specify a password in order to use the Services of the Website. You must be 18 years of age to use these Services and you must provide truthful and accurate information about yourself. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
Modifications and Termination
We reserve the right to modify our Website at any time, with or without notice to you. We also reserve the right to charge a fee for any of our features at any time.
If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Brokeredge notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.
The Terms and Conditions shall remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms and Conditions, your account and right to access and use the Website will terminate immediately. You understand that any termination of your account may involve deletion of your user content associated with your account from our databases. Brokeredge will not have any liability whatsoever to you for any termination of your rights under these Terms and Conditions.
Your Use of the Website
Please do not use the Website in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Website or any features on the Website (including any technological measures we employ to enforce these Terms).
If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Website, and take appropriate legal actions.
Using our Website does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Website unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
When you use the Website or send communications to us through the Website, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Website. We may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.
The term of of this license hereby granted shall be effective upon the date of first use of the Services and shall continue until terminated accordance with the provisions hereof.
In order to protect and preserve the Licensor’s rights in the Services, the Licensee understands, acknowledges and agrees that (i) prior to the first date of the Licensee’s use of the Services, the Licensee shall obtain the Licensor’s approval of all aspects of such use and (ii) once the Licensee’s use of the Services is initially approved the Licensor, any subsequent alteration, modification, or change in such use shall be reviewed and approved by the Licensor prior to implementation of such alteration, modification, or change.
The Licensee shall not at any time, whether during or after the Term, do or cause to be done any act or thing challenging, contesting, impairing, invalidating, or tendering to impair or invalidate any of the Licensor’s rights in the Services or any registrations derived from such rights.
The Licensee’s right to use the Services, shall automatically terminate without notice from the Licensor if (i) the Licensee attempts to assign, sub-license, transfer or otherwise convey, without first obtaining the Licensor’s written consent, any of the rights granted to the Licensee by or in connection of this Agreement; or (ii) the Licensee uses the Services in a manner not expressly permitted by this terms and conditions.
The Licensee shall not assign, transfer, sublicense or otherwise convey the Licensee’s rights or obligations without the Licensor’s prior written consent.
Third Party Sites
Brokeredge connects to Third Party Applications. Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications. You are responsible for reading and understanding the Third Party terms of service before accessing or using any Third Party Application. You acknowledge and agree that Brokeredge is not liable for any Third Party Applications.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER BROKEREDGE NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE WEBSITE, THE SPECIFIC FUNCTION OF THE WEBSITE, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE WEBSITE “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Limitation on Liability
EXCEPT WHERE PROHIBITED, BROKEREDGE AND/OR THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY THIRD PARTY’S USE OF THE WEBSITE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
You agree to indemnify and hold Brokeredge harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Brokeredge by any third party arising out of your use of the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Brokeredge in consequence of your breach of these Terms and Conditions.
We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Website after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Website.
The Website may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Website may contain ads from third-parties. We do not control or endorse any products being advertised.
These Terms are governed by and construed in accordance with the laws of Ontario, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Ontario, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.