Terms and Conditions
These Terms and Conditions (“Terms“, “Terms and Conditions“) govern your relationship with the https://www.firstsourcemortgage.ca(the “Website”) operated by First Source Financials Management(“First Source”, “us“, “we“, or “our“).
Please read these Terms and Conditions carefully before using our website.
Your access to and use of the Website is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Website.By accessing or using the Website you agree to be bound by these Terms and accept all legal consequences.
Our Websitemay post investment information, and/or performance data or store, share and otherwise make available certain information, text, graphics, videos, or other material generally or that may be in relation to one or more of our mortgage investment entities (“Content“). You acknowledge that no posted Content is intended to be construed as personal investing advice. Use of any Content for investment purposes and a decision to invest in any of our mortgage investment entities should only be made after specific consultation with a registered dealing representative of Westboro Management Ltd. or another appropriately registered dealing representative that may have a mandate to distribute securities of our mortgage investment entities. This website is not intended to provide specific investment, financial, legal, accounting and/or tax advice. Please consult with your own professional advisor with respect to your particular circumstances.
No Content posted on the Website is intended to be an offer to sell or solicit securities of our mortgage investment entities, nor is it intended that any information posted on the Website be considered a prospectus. Persons who represent that they are “accredited investors” (as such term is defined under Canadian securities laws) and who reside in certain Canadian jurisdictions may gain access to the offering memoranda or other offering documents of our mortgage investment entities through this website. However, such documents are accessible for informational purposes only and are not to be construed as a prospectus, advertisement or a public offering of the securities referred to therein, nor are they to be construed as providing investment advice or any other kind of advice on financial, legal, accounting or taxmatters. A subscription for securities of any of our mortgage investment entities may only be made via completion by all parties of the relevant Subscription Agreement.Any information on this website or any document made available through this website does not constitute an offer to sell, or a solicitation of an offer to buy, securities of any of our mortgage investment entities.
In the event that you post any information or content to the Website (“User Content”), you agree and acknowledge that you are responsible for the User Content that you post to the Website, including its legality, reliability, and appropriateness.
By posting User Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Website. You agree that this license includes the right for us to make your User Content available to other users of the Website, who may also use your User Content subject to these Terms.You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute User Content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability, to the extent allowable under applicable securities laws, relating to any content.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content or User Content posted on the Website infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of Noemi Salamon, firstname.lastname@example.org and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content or User Content is infringing your copyright.
The Website and all Content other than User Content, including but not limited to text, images, graphics or code are our property and are protected by copyright, trademarks, database and other intellectual property rights. Any use not specifically granted in writing by one of our representatives is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any of our trademarks or those trademarks of our affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Website.
Links To Other Web Sites
The Website may contain links to third-party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
You agree to indemnify, defend and hold harmlessFirst Source, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands from any content that you have posted through the Website.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Website; (b) your breach of any of these Terms; and (c) anything you post on or upload to the Website.
Limitation of Liability
First Source, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from(i) your inability to access or use the Website; (ii) any conduct of any third-party on or related to the Website; and (iii)the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website.
If you have any questions about these Terms, please contact us .
Personal identification information
Privacy legislation in Canada defines “personal information” broadly as any information about an identifiable individual such as name, age, contact information, ID numbers and income.
We are responsible under applicable privacy legislation for the personal information in our possession or control. This includes personal information we receive directly or indirectly from Users or others.
How do we collect personal information and what personal information do we collect?
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to any newsletters that may be made available, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Website.
Users may be asked for, as appropriate, name, email address, mailing address, telephone number, or other types of contact information. Users may, however, visit our Website anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Website. Non-personal identification information may include the browser name, the type of computer and technical information about Users’ means of connection to our Website, such as the operating system and the Internet service providers utilized and other similar information.
Our purposes for collecting and using personal information
We may collect and use Users’ personal information for the following purposes:
To improve customer service
Information you provide helps us identify you and your preferences, thereby allowing us to respond to your customer service requests and support needs more efficiently.
To improve our Website
We may use feedback you provide to improve our products and services.
To run a survey or other Website feature
To send Users information they agreed to receive about topics we think will be of interest to them.
To send periodic emails or otherwise contact Users
We may use Users’ contact information to send Users information and updates relating to the services we offer. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Website.
We will obtain a User’s consent to the collection, use and disclosure of personal information about the User, and the consent of other individuals where required by applicable privacy and anti-spam legislation. We assume that an individual has consented to our reasonable collection and use of personal information consistent with the purposes for which the information as given, when the individual initiates contact with us, or voluntarily provides personal information to us. We also assume that Users who use our services consent to the reasonable collection, use and disclosure of their personal information by us to facilitate the provision of such services.
We do not collect, use or disclose personal information without consent unless authorized or required by law to do so.
Limited collection, use, disclosure and retention
We collect personal information by fair and lawful means and, where appropriate, directly from the Users. Wherever possible, we limit the amount of personal information we collect, use or disclose to that necessary and appropriate for the operation of our business.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website.
Sharing your personal information
We do not sell, trade, or rent Users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Website or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Your acceptance of these terms