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Terms of Use

TERMS OF USE

Last Updated:  June 5, 2013

This website is owned and operated by, or on behalf of, Builders Capital Mortgage Corp. (“Builders”).  By using this website, the Content and/or the Products and Services (defined below) you agree to abide by these Terms of Use: please read them carefully.  If you do not consent to these Terms of Use, please do not use our website, Content and/or Products and Services.

This website and all written and other materials displayed or made available through this website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively the “Content”) and any products and services provided through the website (the “Product and Services”) are provided to you subject to your agreement to be bound by these Terms of Use.  When used in these Terms of Use, “we” and  “our” mean Builders and “you” and “your” refers to any individual, company, or legal entity that accesses or otherwise uses this website.

These Terms of Use apply only to your use of this website and Content, and they do not apply to your use of any Products and Services otherwise offered by Builders. We may have established or will establish additional or different terms and conditions for certain Services. In many instances, our Products and Services involve sophisticated financial instruments or investments that are regulated by governmental authorities. You agree to review all applicable terms and conditions relating to Builders’ Services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions govern and control. Further, if you have a policy or account with Builders, your customer relationship is also governed by other agreements, such as your policy or account agreement, as applicable. In the event of any conflict between these Terms of Use and such policy or account agreements, your policy and account agreements govern and control.

The content on this website is for convenience and information purposes only. You should consult your financial and legal advisors, and independently verify all content provided through this website before you make decisions. Nothing on this website constitutes an offer to sell or buy any Product or Service. Account information available on this website is not the official record of your account. Nothing on this website should be construed as rendering tax, legal, investment, or accounting advice. The posting of any prospectus or any other information on this website is not a recommendation or opinion for you to buy or sell any product or participate in any transaction.

Limited Licence
Builders invites you to view, use and download a single copy of the Content for your informational, non-commercial use.  Builders grants you a limited licence to display on your computer, print, download and use the Content, for personal, non-commercial purposes only, provided that:

(a) you do not modify or misrepresent any such Content; and

(b) you include with and display on each copy of such Content the associated copyright, trade-mark or other proprietary notices and this limited license.

Except as expressly provided below, you agree not to reuse material from www.builderscapital.ca or from any other website owned or operated by Builders.  In particular, you agree not to copy, distribute, republish, upload, post, sell, reverse engineer, edit or transmit any Content unless you have received Builders’ prior written consent.

No rights are granted with respect to Builders’ trade-marks.  Any unauthorized use of Builders’ trade-marks is strictly prohibited.

If you violate any provision of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any Content.

Builders may terminate, change or restrict your use of its website for any or no reason without notice, and without liability to you or anyone else. The provisions of these Terms of Use relating to ownership and use of content, limitation of liability, release/indemnity, warranty disclaimer, limitation of liability, and governing law shall survive any termination.

Prohibited Uses
Without Builders’ prior written consent, you may not, nor may you allow others to, directly or indirectly:

(a) remove, from any copy of the Content on our website, the copyright or other intellectual property notices;

(b) sell, modify or attempt to modify the Content of our website in any way or reproduce or publicly display, perform or distribute, or otherwise use any Content on our website for any public, commercial, or non-educational or non-personal purpose, including, without limitation, use of the Content on any other website;

(c) except as expressly permitted in the limited license described above, print or copy any of the HTML or other computer software that is accessible at our website;

(d) use our website in any manner that could damage, disable, overburden,  impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse our site or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through our website (including without limitation uploading, posting or otherwise transmitting on our sites computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on our website’ infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from our website or the content on our website in whole or in part);

(e) use or attempt to use another’s account, password, or other information in connection with our website; create or use a false identity on our website, or impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; attempt to obtain unauthorized access to our website; or send to our website or Builders any incomplete, false or inaccurate information;

(f) disrupt or interfere with any other person’s use or enjoyment of our website or affiliated or linked website, or any services thereof; or

(g) delete or revise any of the Content posted on our website.

No Warranties
THE CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Although Builders uses reasonable efforts to maintain the accuracy and currency of the Content of this website, Builders makes no warranties or representations as to its accuracy or currency, and Builders disclaims all warranties, conditions and representations with respect to this website, the Content and the Products and Services, whether express or implied or collateral or whether arising by statute, course of dealing, custom or usage of trade, including without limitation: (i) the merchantability and fitness for a particular purpose of any Content; (ii) this website, the Content or Products or Services will be accurate, complete, current, reliable or timely; (iii) the website will be uninterrupted or error free, that defects or errors in this website will be corrected, or that this website will be free from viruses or other harmful components; and (iv) any and all other warranties, obligations and conditions, including in the case of Quebec, under Quebec’s civil law, including without limitation to those set forth in Book V of the Civil Code of Quebec (including under Article 2100 C.C.Q.). Builders assumes no liability or responsibility for any errors or omissions in the Content of this website and the use of this website, the Content and the Products and Services is entirely at your own risk.

Certain jurisdictions may not permit certain disclaimers of warranties or conditions. In such case, we disclaim warranties and conditions to the fullest extent permitted by the applicable law.

Limitation of Liability
IN NO EVENT WILL BUILDERS, ITS AFFILIATES, ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITE LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON OR PRODUCTS OR SERVICES PROVIDED THROUGH ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Intellectual Property
Builders owns, or is licensed to use, intellectual property rights in the Content of its website.  Builders’ website and their Content are protected by copyright laws.  Any copying, reproduction, modification, publishing, transmission, distribution or other use of the content on our sites for any purpose that is not expressly authorized under these Terms of Use and for which you do not receive our prior written consent is strictly prohibited.

Builders’ logos, trade-marks, trade names, product names, service names and icons (the “Builders Marks”) are trade-marks of Builders.  You agree not to display or use the Builders Marks in any manner without our prior written consent. The names and trade-marks of companies or products referenced in our sites may be trade-marks of their respective owners.  Our display of these trade-marks does not convey or create any licence or other rights in these marks or names.

Disclaimer – Linked Sites
Links from this site to a non-Builders site may be provided for the user’s convenience only.  Builders does not endorse or approve any products or information offered at any linked website.  We make no representation regarding the content or accuracy of materials on such website.  If you decide to access linked third-party website, you do so at your own risk.  Please check the Uniform Resource Locator (URL) address displayed in your browser to see if you are still in a Builders-operated website or have moved to another website.

We do not claim that Builders is authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked website is authorized to use any trade-mark, trade name, logo or copyright symbol of Builders.

You may link to Builders’ website but, unless otherwise set forth in a written agreement between you and Builders, you must adhere to Builders’ linking policy as follows: (i) any link to Builders’ website must be a text only link clearly marked “Builders”; (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Builders’ names and trade-marks; (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Builders; (iv) when selected by a user, the link must display the website on full-screen and not within a frame on the linking website; and (v) Builders reserves the right to revoke its consent to the link at any time and in its sole discretion.

Submissions
Any material, information or other communication (including feedback data, such as questions, comments, suggestions) you transmit or post to this website or submit to Builders by any other means (collectively “Submissions”) will be considered non-confidential and non-proprietary. Builders shall have no obligations with respect to your Submissions. You hereby grant Builders a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display Submissions for any purpose and/or incorporate Submissions (in whole or in part) in any form, media or technology now known or developed in the future, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights, for any and all commercial or non-commercial purposes. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in your Submissions in favour of Builders and (ii) acknowledge and agree that Builders is not responsible for any loss, damage or corruption that may occur to your Submissions.

You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that would violate any applicable law.

Release/Indemnity
You agree that your use of this website shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against Builders, its directors, officers, agents and employees (collectively referred to herein as the “Releasees”).  You further agree to release, indemnify and hold harmless the Releasees from all liability in any way relating to or arising in connection with your use of our website including injuries, loss or damage of any kind.  You acknowledge and agree that the Releasees have not made, and are not liable for, any representation, warranty or condition in respect of our website.

You agree, at your own expense, to indemnify, defend and hold the Releasees harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of (i) your breach of these Terms of Use; and/or (ii) your use of the website.

Jurisdiction and Choice of Law
Builders controls and operates its website from the company’s office in Calgary, Alberta, Canada.  If you use our website from locations outside Canada, you are responsible for complying with laws in your jurisdiction.

If any disputes arise between us regarding your use of our website, such disputes will be resolved according to the laws of the Province of Alberta and the laws of Canada applicable therein, without giving effect to the principles of conflicts of law thereof.  The courts of the Province of Alberta shall have jurisdiction over all such claims.  If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use constitute the entire agreement between you and Builders with respect to the subject matter hereof. These Terms of Use shall inure to the benefit of, and be binding upon you and Builders and each of our respective successors and assigns. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, then any such provision shall be deemed severable to the extent that it is lawful, void or unenforceable, but shall not affect the validity or enforceability of the remaining provisions. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Privacy Policy
The Builders privacy policy is available at upon request.

Changes to these Terms of Use
Builders may modify these Terms of Use, and the agreement they create, at any time by posting amended Terms of Use on this website, indicating at the top of this page the date of the last update. Please review these Terms of Use periodically. Your continued use of this website following the posting of changes to these Terms of Use will mean that you accept those changes.

Copyright © 2013 Builders Capital Mortgage Corp. All rights reserved.