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1. Acceptance of These Terms
These Terms of Service (the "Terms") govern your access to and use of the website located at [website URL] (the "Site"), operated by Everpath Mortgages, a marketing/team name of mortgage agents licensed under BRX Mortgages ("we," "us," or "our"). By accessing, browsing, or submitting information through the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you must not use the Site. These Terms apply to all visitors and users of the Site.
2. Nature of the Site: Information Only, Not Advice
The Site is an informational and lead-generation tool. Its purpose is to provide general information about mortgage and debt-related options and to allow you to request a consultation or strategy call with us or our brokerage partner. The content on the Site, and any communication you receive as a result of submitting a form, is provided for general informational purposes only and does not constitute financial, mortgage, lending, legal, accounting, tax, debt-counselling, or other professional advice. Nothing on the Site should be relied upon as a substitute for advice from a licensed mortgage agent or broker or other qualified professional who has reviewed your specific circumstances. You should obtain independent professional advice before making any financial decision.
3. No Offer or Guarantee of Credit
The Site does not constitute an offer, commitment, solicitation, or guarantee of any mortgage, loan, refinancing, debt consolidation, or other credit product, and submitting your information does not create any obligation on our part or on the part of any brokerage or lender to provide you with any product or service. Any mortgage or financing product is subject to application, underwriting, credit approval, lender criteria, property valuation, and applicable law, and is offered only by a licensed mortgage brokerage and/or lender pursuant to separate agreements and disclosures. Rates, terms, figures, and any potential savings referenced on the Site are illustrative only, are not guaranteed, and may change without notice. We make no representation that you will qualify for any product or achieve any particular result.
4. Accuracy and No Warranty
While we make reasonable efforts to ensure the information on the Site is accurate and current, the Site and all content, materials, and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, title, and non-infringement. We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any information on the Site is complete, reliable, or up to date. You use the Site at your own risk.
5. Intellectual Property
All content on the Site, including text, graphics, logos, images, page layouts, trademarks, trade names, designs, and software, is owned by or licensed to Everpath Mortgages / BRX Mortgages and is protected by Canadian and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Site for your own personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, publish, frame, scrape, or create derivative works from any part of the Site, or use our trademarks or branding, without our prior written consent. All rights not expressly granted are reserved.
6. Third-Party Links and Services
The Site may contain links to, or integrate with, third-party websites, platforms, or services that are not operated or controlled by us, including advertising platforms, scheduling tools, and the websites of brokerages or lenders. We provide these links and integrations for your convenience only. We do not endorse and are not responsible for the content, accuracy, products, services, privacy practices, or availability of any third-party website or service. Your use of any third-party website or service is at your own risk and is governed by that third party's own terms and privacy policy, which we encourage you to review.
7. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Everpath Mortgages, its affiliates (including BRX Mortgages), or their respective directors, officers, employees, agents, or partners be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of (or inability to use) the Site, any content on the Site, or any consultation or communication arising from your inquiry, whether based in contract, tort (including negligence), statute, or otherwise, even if we have been advised of the possibility of such damages. To the extent any liability cannot be excluded, our total aggregate liability to you for all claims arising out of or relating to the Site or these Terms will not exceed one hundred Canadian dollars (CAD $100.00). Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Everpath Mortgages, its affiliates, and their respective directors, officers, employees, agents, and partners from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any information you submit through the Site that is inaccurate, unlawful, or that you were not authorized to provide.
9. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, the Site, or your use of the Site (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of any such dispute, subject to any mandatory consumer-protection rights you may have under applicable law.
10. Changes to These Terms
We may revise these Terms at any time by posting an updated version on the Site and updating the "Last Updated" date at the top of this page. Changes are effective when posted. Your continued access to or use of the Site after any changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site. We encourage you to review these Terms periodically.
11. Contact Us
If you have any questions about these Terms, please contact us at: Everpath Mortgages c/o BRX Mortgages [Mailing Address] [City], Ontario [Postal Code] Email: [contact@yourdomain.com] Phone: [phone number]