Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.This website located at www.commercialmortgagecorporation.ca (the “Website”) is owned and operated by the COMMERCIAL MORTGAGE CORPORATION™ group of companies (“COMMERCIAL MORTGAGE CORPORATION™”) and is subject to the following terms and conditions (“Terms of Use”). By accessing or using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, please do not access or use the Website.

In order to access and use the Website, you may be required to provide information about yourself, such as your name, company, phone number and email address. You agree to provide us with accurate, correct and up to date information. Note that we describe our current practices related to personally identifiable information collected through the Website in our Privacy Policy. By accessing or using the Website, you signify your agreement to the Privacy Policy.

Ownership, Copyright, and Trademark Notices

All information, text, graphics, software, and other content are the property of COMMERCIAL MORTGAGE CORPORATION™, its principals or its licensors. You acknowledge that certain content available on the Website are protected by copyright, trademark, patent, or other intellectual property rights of COMMERCIAL MORTGAGE CORPORATION™, its principals or its licensors. Except as expressly provided, nothing within the Website shall be construed as conferring any license under any of COMMERCIAL MORTGAGE CORPORATION’s™  principals’ or its licensors’ intellectual property rights, whether by estoppel, implication, waiver, or otherwise. All trademarks, service marks, and trade names appearing in the Website are the property of COMMERCIAL MORTGAGE CORPORATION™ or the respective owners of such marks or names, and are protected by Canadian and international copyright and trademark laws. Any use of any of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of COMMERCIAL MORTGAGE CORPORATION™ or the owner of the mark or name, as applicable, is strictly prohibited.

Any rights not expressly granted in these Terms of Use are reserved.

Links to other Internet Sites

The Website may contain links to other Internet sites and services that are operated and maintained by third parties. You acknowledge, understand and agree that COMMERCIAL MORTGAGE CORPORATION™, to the extent permitted by law, will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other sites.

Changes

We reserve the right to modify, suspend, or discontinue any portion of the Website, or otherwise disable your access to all or a portion of the Website, at any time, with or without notice. We reserve the right to modify any part of these Terms of Use at any time. Any modifications shall be effective upon posting to the Website. You agree to review these Terms of Use periodically so that you are aware of any such modifications. Your continued use of the Website after any such modifications have been posted shall be deemed to be your acceptance of any modifications to the Terms of Use.

WARRANTY DISCLAIMER

COMMERCIAL MORTGAGE CORPORATION™ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, (1) THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR (3) ABOUT THE ACCURACY OR SUITABILITY OF THE CONTENT ON THIS WEBSITE FOR ANY PURPOSE. DO NOT RELY ON THE WEBSITE OR ANY INFORMATION WE PROVIDE. NO ADVICE OR INFORMATION OBTAINED THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE PROVIDE THE WEBSITE AND ALL INFORMATION “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. If you are dissatisfied or harmed by THE WEBSITE OR ANY INFORMATION PROVIDED, you may STOP USING THE WEBSITE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMMERCIAL MORTGAGE CORPORATION™, BE LIABLE FOR (1) ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, OR (2) DIRECT OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE OR YOUR RELIANCE ON ANY CONTENT ON THIS WEBSITE, WHETHER OR NOT COMMERCIAL MORTGAGE CORPORATION™ WAS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY IS EFFECTIVE WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY.

Indemnity

You agree to indemnify and hold harmless the COMMERCIAL MORTGAGE CORPORATION™ group of companies, its principals, suppliers and licensors, their respective officers, directors, employees, agents, and affiliates, and each of them from any third-party claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorneys’ fees) arising out of or related to your use of the Website; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.

General

Unless otherwise required by local law, these Terms of Use shall be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada without regard to its conflicts of law principles. We may provide notices to you via postings on the Website, via email or via any other means of communication for which you have provided contact information. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by COMMERCIAL MORTGAGE CORPORATION™ shall be deemed a further or continuing waiver of such provision or any other provision, and COMMERCIAL MORTGAGE CORPORATION’s™ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and replace all prior or contemporaneous communications, oral or written.