PLEASE CAREFULLY READ, REVIEW AND UNDERSTAND THESE “TERMS AND CONDITIONS
OF USE” BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING
AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE
TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY. THIS DOCUMENT IS EFFECTIVE 1ST JAN
2010.
As a visitor to the Site, feel free to browse through the various pages of information
describing our web-enabled marketing materials, reminder and notice services, (the
"Subscription Services"). However you cannot use any portion of the Site until you
register as a user and subscribe. All material available on the Site, as well as
that distributed to you or others pursuant to your direction is collectively referred
to as "Licensed Content." Based upon the type of subscription you select, you may
view portions of the Licensed Content, identify others to whom you wish Licensed
Content to be distributed, and/or customize notices or messages relating to you
for distribution to others.
You agree to pay all applicable charges, fees, and taxes (collectively, "Service
Fees") in full when due. The timing of the assessment of Service Fees will
be determined in the sole discretion of LoanWin.com. If LoanWin.com has agreed to
charge your credit card or debit card for payment of the Service Fees, you authorize
LoanWin.com to charge your credit card or debit card for all Service Fees.
Registration Obligations/Password and Account Security - You will receive a password
and account designation upon completing the registration process in order to access
the non-public portions of the Site. You are responsible for maintaining the confidentiality
of the password and account and are fully responsible for all activities that occur
under your password or account.
Using LoanWin services is generally free until the stage you get to reach the stage
of Paid Services which is when you agree to contact the other members who are either
seeking/offering service. We may charge fees for those services. If the service
you use charges a fee, you’ll be able to review and accept that charge. Our
fees are quoted in Canadian Dollars, and we may change them from time to time. We’ll
notify you of changes to our fee policy by posting such changes on the site. We
may choose to temporarily change our fees for promotional events or new services;
these changes are effective when we announce the promotional event or new service.
Our fees are non-refundable, and you are responsible for paying them when they are
due. If you don't, we may limit your ability to use free services only.
LoanWin.com recommends that you choose a browser with strong encryption capabilities.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100%
secure and no security system is impenetrable.
You further agree to: (a) provide true, accurate, current and complete information
as prompted by the Subscription Service registration form (such information being
the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or the information becomes
suspect, LoanWin.com may suspend or terminate your account and refuse any and all
current or future use of the Subscription Service or any portion thereof. In addition,
in the event you provide Registration Data, resale certificate, tax or other information
that is untrue, inaccurate, fraudulent, or is not current, you agree to indemnify
LoanWin.com for and hold LoanWin.com harmless from and against any and all liability,
direct damages, loss or expense (including reasonable fees of attorneys and other
professionals) it may incur, including but not limited to taxes, penalties or sanctions,
interest, fees, costs and expenses of any nature arising from or related to any
claim, demand, action or proceeding alleged or initiated against LoanWin.com by
any third party based upon the information you provide or your use of the Subscription
Service. Here is how we protect your privacy, your identity, and your data. Ensuring
that LoanWin.com is private and safe is our highest priority.
The Privacy Policy published on www.LoanWin.com website is hereby incorporated as
part of these “Terms and Conditions of Use”
You understand that all information, data, messages or other materials transmitted
are the sole responsibility of the person from whom such material originated. This
means that you and not LoanWin.com are entirely responsible for all uploads and/or
emails transmitted via the Subscription Service. Under no circumstances will www.LoanWin.com
be liable in any way for use of any licensed content by you, including but not limited
to any errors or omissions in any licensed content or for any loss or damage of
any kind incurred as a result of the use of any licensed content emailed or otherwise
transmitted via the Subscription Service.
You agree to not use the Listings Service to: Post, email or otherwise transmit
or disseminate anything that is unlawful, or encourages conduct that would be unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise
objectionable or gives rise to civil liability;
Impersonate any person or entity or falsely state or otherwise misrepresent your
affiliation with a person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin
of anything transmitted through the Listings Service;
Email or otherwise transmit anything that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
Email or otherwise transmit anything that infringes any patent, trademark, trade
secret, copyright or other proprietary right (collectively "Rights") of
any party;
Email or otherwise transmit any material containing software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software, hardware or telecommunications equipment or generating
levels of traffic sufficient to impede the ability of others to send or receive
information or use the Listings Service;
Restrict, inhibit or otherwise interfere with or disrupt the Listings Service, equipment
servers or networks connected to the Listings Service, anyone's use or enjoyment
of the Listings Service or disobey any requirements, procedures, policies or regulations
of networks connected to the Listings Service;
Intentionally or unintentionally violate any applicable local, state, national or
international law, rule, order or regulations;
Resell the Licensed Content or the Listings Service or otherwise charge others to
use the Listings Service or Licensed Content in whole or in part, directly or indirectly,
bundled or unbundled.
LoanWin.com reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Listings Service (or any part thereof) with or without
notice. You agree that LoanWin.com shall not be liable to you or your clients or
to any third party for any modification, suspension or discontinuance of the Subscription
Service, subject to refund of any prepaid fees.
You expressly understand and agree that:
- Loanwin.com makes no warranty that
- The listings service will meet your requirements,
- The listings service will be uninterrupted, timely, secure, or error-free,
- The results that may be obtained from the use of the listings service will be accurate
or reliable, and
- The quality of any products, services, information, or other material purchased
or obtained by you through the listings service will meet your expectations.
- Your use of the listings service is at your sole risk. The listings service is provided
on an "as is" and "as available" basis. Loanwin.com assumes
no responsibility for any failure of the listings service including but not limited
to the timeliness, deletion, mis-delivery or failure to store any user communications
or data. Loanwin.com expressly disclaims all warranties of any kind, whether express
or implied, including, but not limited to the implied warranties of merchantability
and fitness for a particular purpose.
- Except as otherwise provided in this agreement, no advice or information, whether
oral or written, obtained by you from LoanWin or through or from the subscription
service shall create any warranty not expressly stated in the subscription terms
of use.
- Any material downloaded or otherwise obtained through the use of the listings service
is done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the download
of any such material. You expressly understand and agree that LoanWin shall not
be liable for any direct, indirect, incidental, special, consequential or exemplary
damages, including but not limited to damages for loss of profits, goodwill, use,
data or other intangible losses (even if LoanWin has been advised of the possibility
of such damages), resulting from:
- The use or the inability to use the listings service;
- The cost of procurement of substitute data information or services purchased or
obtained or messages received or transactions entered into through or from the listings
service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct by you or any third party on the listings service; or any
other matter relating to the listings service. To the extent that some jurisdictions
do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for incidental or consequential damages, some of the above limitations
may not apply to you.
Notices to you may be made by means of electronic mail sent to your email address
on file with LoanWin.com or regular mail to your address on record in LoanWin.com
account information. The Listings Service may also provide notices of changes to
the Listings Terms of Use or other matters by displaying notices or links to notices
to you generally on the Listings Service. Notice to LoanWin.com should be mailed
to or emailed or contacted by contact details mentioned in “Contact Us”
section.
The Subscription Terms of Use constitute the entire agreement between you and LoanWin
and govern your use of the Subscription Service, superseding any prior agreements
between you and LoanWin. You also may be subject to additional terms and conditions
contained in our invoices or purchase orders or terms and contracts that may apply
when you use affiliate services, third party content or third party software. LoanWin
may freely assign its rights and obligations under this Agreement. The Subscription
Terms of Use may not be transferred or assigned by you without the consent of LoanWin.
The Subscription Terms of Use and the relationship between you and LoanWin shall
be governed by the laws of Province of Ontario - Canada without regard to its conflict
of law provisions. You agree to submit to the personal and exclusive jurisdiction
of the courts located within the Province of Ontario - Canada. The failure of LoanWin
to exercise or enforce any right or provision of the Subscription Terms of Use shall
not constitute a waiver of such right or provision. If any provision of the Subscription
Terms of Use is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of the Subscription
Terms of Use remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to
use of the Subscription Service or the Subscription Terms of Use must be filed within
three (3) months after such claim or cause of action arose or be forever barred.
As a customer of LoanWin.com you enjoy the benefit of using our service without
paying any money upfront, you only pay for our service AFTER using our service and
hence there is no returns policy.
Please report any violations of the Listings Terms of Use to Customer Service or
email us at info@loanwin.com. Please call at 416-623-9063.
Loanwin.com is an "Internet Platform" for consumers and business to list their loan requirment as an "online Advertisement". Loanwin.com does not gurantee the fulfillment of your advertsement posted on loanwin.com. Loanwin.com is neither a lender nor a loan broker.
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