Last Revised: May 28, 2017
Your Acceptance of these Terms of Use
Please read these terms of use carefully before using this website as they represent a binding agreement (the “Agreement”) between each user of our website (“you” or “your”) and Hampton Hub Inc. (referred to as “Hampton Hub”, “we”, “us” or “our”).
If you wish to access and use our website, you must accept and agree to be bound by and comply with these terms of use. If you do not agree to these terms of use, then you must not access or use our website.
You agree that these terms of use, and any related information, communications and agreements between you and us, may be made available or occur electronically.
These terms of use were last updated on the “Updated” date indicated above. We reserve the right, at our sole discretion, to modify these terms of use at any time. Such modifications shall become effective immediately upon the posting thereof. You must review these terms of use on a regular basis to keep yourself apprised of any changes. You can find the most recent version of these terms of use at: www.hamptonhub.com/public/docs?f=terms
You hereby represent and warrant that, and you will use our website only if, at the time of use, you: (i) are 18 years of age or older; and (ii) can lawfully enter into and form contracts in accordance with applicable local laws.
If you are using this website in your capacity as a mortgage broker, you also represent and warrant that, at all times when using this website in that capacity or engaging in transactions based on information made available to you on this website, you: (i) are a resident of Canada, are duly qualified and, if applicable, licensed, to act as a mortgage broker under applicable provincial, territorial and federal laws in Canada; (ii) are in compliance with all applicable laws and professional standards with respect to your activities as a mortgage broker and will remain as such during the term of this Agreement; (iii) are solely responsible for maintaining all registrations, memberships, and qualifications related to your status as a mortgage broker in the applicable jurisdictions within Canada; and (iv) will conduct your activities on, through or in connection with this website and your relationship with Hampton Hub in compliance with all applicable legislation, regulations and professional standards.
The website is only intended for access and use by users located within Canada. If you access our website from outside of Canada, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
Hampton Hub grants you (as a permitted user) a limited, revocable, non-exclusive license to access our website for your own personal or internal business use, and in compliance with all applicable laws. Use of our website beyond the scope of authorized access granted to you by these terms of use immediately terminates that license.
Access and use of our website may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Hampton Hub is not responsible for any delays, delivery failures, or other damage resulting from such problems, or from the unavailability of our website for any reason.
All rights not expressly granted by these terms of use are reserved to us, or, if applicable, our licensors.
Notwithstanding anything else contained herein, we reserve the right to refuse to provide access to our website to anyone at any time for any reason, without any notice or liability.
Hampton Hub introduces users who are lenders to prospective borrowers, and users who are borrowers to prospective lenders. Our website is solely an introduction service.
Hampton Hub is not a mortgage broker or a lender, and does not provide loan financing. Any financing will be pursuant to separate contractual arrangements that will be between users outside of our website. Hampton Hub will not have any contractual obligations with you as it relates to the financing, except with respect to any fees owed to Hampton Hub pursuant to the contracts between Hampton Hub and its users.
Your decision to connect with a lender and their mortgage broker or a borrower found through our website and any contractual relationship created thereby is solely between you and such other party. Hampton Hub offers no representation or warranty regarding the likelihood of a lender or a borrower being able to enter into any financing transaction as a result of the introductions made through our website: the availability, provision and acceptance of loan financing is solely at the discretion of website users outside of our website, and Hampton Hub has no control or influence regarding any decisions made by you or other website users with respect to such transactions.
Our website contains content including, but not limited to, all text, audio, images and other materials or elements (collectively the “Content”). Content displayed on or through our website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of our website or the collective work, and/or copying or reproducing our website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Hampton Hub.
You further agree not to reproduce, duplicate or copy content from our website without the express written consent of Hampton Hub, and agree to abide by any and all copyright notices displayed on our website. For greater certainty, (i) the use of the Content on any other website, including by linking or framing, or the mirroring of the Content on any other server, is prohibited without Hampton Hub’s prior written approval.
You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our website.
Although Hampton Hub does not claim ownership of content that its users post on our website, by posting content to any area of our website that is accessible to all users, you automatically grant, and you represent and warrant that you have the right to grant, to Hampton Hub an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content, and create compilations and derivative works from such content, as part of our website or otherwise.
We respect your right to privacy. All information that we may collect via our website is subject to our privacy statement, which is accessible at: www.hamptonhub.com/public/docs?f=privacy
To the extent that our website permits you to post, email, or otherwise make available content, you agree not to post, email or otherwise make available content that:
You will be solely responsible and liable for any and all loss, damage, and additional costs that may be incurred by you, Hampton Hub or any other person as a result of your submission of any information on or through our website.
Hampton Hub reserves the right to refuse to post or to remove any content, in whole or in part, that, in our sole discretion, is unacceptable, undesirable or in violation of these terms of use.
Certain sections of our website may only be available to you upon registration for a website account. By registering, you represent and warrant to Hampton Hub that: (a) all information provided by you to Hampton Hub during the registration process is truthful, accurate and complete; and (b) you will comply with these terms of use.
As a registered user, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.
You will be responsible for any and all loss, damage, or additional costs that we and/or our service providers, other users and other persons may incur as a result of (i) your submission of any false, incorrect or incomplete information or your failure to update your registration or other information that you submit via our website.
You acknowledge that you are solely responsible for maintaining the confidentiality of your account password, and that you (and not us) will be responsible for any loss resulting from any unauthorized use of your account or access to your content – including (without limitation) losses by other users. You agree to immediately notify us of any unauthorized use of your account.
Hampton Hub does not endorse or recommend any user. Hampton Hub will not make any attempt to verify (i) the ethical standards of any user, (ii) the accuracy or completeness of any information submitted by users on our website, or (iii) the identity or creditworthiness of any user (aside from facilitating a credit check on certain users through Equifax).
You should take independent measures to determine the appropriateness of entering into discussions or transactions with any user of our website. Our website does not replace consultations with a qualified financial advisor or other relevant professional.
You agree that all risk associated with the use of, or reliance on, any user information rests with you.
If you believe that a user of our website has provided false information, has acted illegally or unethically, or is abusing our website or its purpose in any way, you should notify us.
Our website may offer access to third party websites and content available over the Internet. Hampton Hub generally exercises no control over such third party websites and content. You agree that it is your responsibility to review and evaluate any such content, and that any and all risk associated with the use of, or reliance on, such content rests with you. You are responsible for viewing, accepting and abiding by the terms of use and privacy policies posted at these third party websites. Inclusion of a link to third party content does not imply endorsement by Hampton Hub of such content. You further agree that Hampton Hub shall not be liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any third party websites or content.
OUR WEBSITE (INCLUDING ITS CONTENT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Hampton Hub does not warrant the accuracy or completeness of the Content. Hampton Hub and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers, shall not be liable for any (i) direct damages in excess of CDN$100; or (ii) special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of the Content or our website. As noted above, Hampton Hub may make changes to our website at any time without notice. However, Hampton Hub makes no commitment to update the information contained herein.
You agree to indemnify and hold Hampton Hub and its affiliates, and their respective directors, officers, employees, subsidiaries, affiliates, successors, assigns, agents and service providers harmless from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of content you submit, post or make available through our website, your use of our website, your violation of these terms of use, your breach of any of the representations and warranties herein, or your violation of any rights of another person.
If you submit ideas, drawings, recipes, suggestions, comments, or similar information to Hampton Hub, whether through our website or otherwise, you do so with no expectation of confidentiality and with no expectation that you have any proprietary interest in the content of your submissions.
You agree that the content of your submissions will immediately become the property of Hampton Hub. You also recognize that your submissions may be used or developed by or on behalf of Hampton Hub or its affiliates without any obligation to you.
Nothing in these terms of use shall be construed as forming a partnership or joint venture between Hampton Hub and you. Neither party to these terms of use will have the authority to bind the other by contract or otherwise, or make any representations on behalf of the other. You acknowledge that Hampton Hub is acting independently from you, and that Hampton Hub will not be deemed, under any circumstances, to be your employee or agent for any purpose.
These terms of use constitute the entire agreement between you and Hampton Hub regarding your use of our website, superseding any prior agreements between you and Hampton Hub. These terms of use and the relationship between you and Hampton Hub shall be governed by the laws of the Province of Ontario (and the federal laws of Canada applicable therein) without regard to its conflict of law provisions. You and Hampton Hub agree to submit to the non-exclusive jurisdiction of the courts located in Toronto, Ontario. The failure of Hampton Hub to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision of these terms of use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these terms of use remain in full force and effect. You may not assign any of your rights and obligations under this Agreement; Hampton Hub may assign any of its rights or obligations under this Agreement at any time without notice to you. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.