Legal, Disclaimer & Use Terms
Use of this Website is subject to the following legal disclaimers, qualifications, limitations and terms & conditions (“Terms & Conditions”). Your use of the Website shall be deemed acceptance of these Terms & Conditions.
Definitions: In these Terms & Conditions: “Content” includes, but is not limited to, all text, photographs, software, animation files, graphics, video and audio files and anything else contained in this Website. “User” includes, but is not limited to, any person who accesses this Website by any means whatsoever, including, but not limited to, legal, illegal, authorized and unauthorized means. “ProFunds” refers to Verico Pro Funds Mortgages Inc. together with its successors, assigns, affiliates, contractors, agents and/or employees.
Invalidity: If, for any reason whatsoever, any provision of these Terms & Conditions is deemed by a court to be void, voidable or otherwise unenforceable, such provisions shall be deemed to be severable from the remainder of these Terms & Conditions, and the remainder of these Terms & Conditions shall be construed and interpreted without reference to the unenforceable provision.
Assignment: ProFunds may assign its rights or obligations under these Terms & Conditions at any time without notice to Users.
Termination: Either ProFunds or the User may terminate these Terms & Conditions at any time, either with or without cause. The User may terminate these Terms & Conditions by ceasing to use this Website. The following clauses of these Terms & Conditions will survive any termination by either party: B, C, D, E, E and F.
B. COPYRIGHT AND TRADEMARKS
Ownership: The Content of this Website is owned by ProFunds or is made available by permission of the owner and is protected by domestic and international copyright laws. The trademark is owned by ProFunds.
Rights: The use of this Website grants no interest, whether proprietary, license, or otherwise, in the intellectual property rights, or any other rights which may exist or are hereafter developed in respect of any portion of the Website or its Content.
License: Any computer software downloadable or otherwise available from this Website is licensed subject to the terms of the applicable license agreement. Although every effort has been made to ensure that any software that may be downloaded from this Website is compatible with as many types of computers as possible, Users should take care to back up all essential software before loading any software from this Website.
PERMITTED SECONDARY USES
The User may freely download, copy, display, exhibit, share, or otherwise distribute the Content of this Website for non-commercial purposes only. However, on any such downloading, copying, display, exhibition, sharing or distribution, the User must explicitly acknowledge ProFunds as the provider of such Content. ProFunds reserves the right to require the User to delete, destroy or otherwise remove any content that is used in a manner that in ProFunds opinion is contrary or otherwise inappropriate, derogatory or offensive.
The User agrees that any person to whom the Content is provided directly or indirectly through the User, will be advised of the terms of these Terms & Conditions, and that each such person is bound by same.
The User may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the Content of this Website.
CHOICE OF LAW
Any dispute arising out of the use of this Website, the Content or availability thereof, the construction or interpretation of these Terms & Conditions, or anything related or similar thereto is governed by the laws of the province of Ontario, Canada, without any reference to conflicts of laws rules or principles.
Any dispute arising out of the use of this Website, the Content or availability thereof, the construction or interpretation of these Terms & Conditions, or anything related or similar thereto is only to be decided by a court of competent jurisdiction sitting within the legal boundaries of the province of Ontario, Canada.
RIGHTS TO CONTROL SITE
The Content of this Website is subject to change, restriction or termination without any notice to Users.
Disclaimer and LIMITATIONS OF LIABILITY
This Website is designed to provide knowledge for informational purposes only. The information is taken from sources believed to be reliable, and the information is believed to be accurate at the time it is posted to the Website. However, ProFunds cannot guarantee that the information contained on this Website is accurate, free of errors, current or complete.
To the extent there may be links from time to time on this Website which will lead the User to other sites on the World Wide Web, these links are provided for convenience only, and a link to any other Website should not be taken to imply any endorsement of any other Website by ProFunds.
ProFunds is in no way responsible or liable, and fully disclaims any responsibility and liability, for any damages whether they be direct, indirect, consequential, incidental, special, punitive, exemplary or general damages, contribution or indemnity, of any kind whatsoever, howsoever caused, (including, but not limited to, breach of contract, loss of profit, business interruption, loss of business data or information, negligence or other tortious behaviour, deletion, error, defect, omission, or destruction of the Content of the Website, unauthorized access to, or alteration of, the Content of this Website by third parties, or employees, or agents of ProFunds, transmission of material, or any other cause of action, regardless of whether it arises at law or in equity) arising out of the use or non-availability of this Website, or reliance on the Content contained herein, resulting from any decision taken on the basis of information provided through the Website, resulting from the Content of other websites to which any User links through this Website, or resulting from any such change, restriction, or termination of this Website or resulting from the incompatibility of any software downloaded, copied, or otherwise originating from this Website.
This limitation of liability and disclaimer shall apply even if ProFunds has been advised of the possibility of the damages referred in this notice, and each user hereby fully releases ProFunds and any of its shareholder, directors and officers from any liability or responsibility relating in any way to the Content of this Website.
This Website is provided strictly on an “as is” basis. ProFunds does not warrant that the use of this Website will be uninterrupted, error-free, stable or suitable for all Users. ProFunds makes no warranties, either express or implied, about the Website, its availability, or its operation. Without limiting the generality of the foregoing, this includes implied warranties of merchantability, fitness for a particular purpose, expectation of privacy, or non-infringement. Any User who accesses this Website does so solely at his/her/its her own risk. The User agrees to indemnify, contribute to and hold harmless ProFunds, and any of its shareholders, directors and officers against any liability, whether civil, criminal or quasi-criminal, resulting from any violation of any law by the User in their use of this Website. The User shall be responsible to the full extent of any liability, payment or other agreement made by ProFunds, in settlement and/or satisfaction of any claim or potential claim, whether such payment or agreement is made or concluded prior to or following the institution of formal proceedings against ProFunds.