These website terms of use (these “Terms”) constitute a legal agreement and are entered into between you and The Home Equity Partners Inc. and its affiliates and related entities (“HEQ Partners”, “we”, “us”, or “our”). The following Terms govern your access to and use of, including any content, functionality, and products and services offered on or through www.theheqpartners.com (our “Website”).

BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR WEBSITE.

By using our Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with HEQ Partners. If not, you must not access or use our Website.

We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of our Website. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these Terms.

The information and material on our Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, any part of our Website is restricted to users or unavailable at any time or for any period.

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Users are responsible for obtaining their own access to our Website. Users are required to ensure that all persons who access our Website through a user’s internet connection are aware of these Terms and comply with them. Our Website, including content or areas of our Website, may require user registration or sign in. It is a condition of your use of our Website that all the information you provide on or through our Website is correct, current, and complete.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website. Your provision of registration information and any information you submit to our Website through any functionality such as applications or entering into a Home Equity Sharing Agreement (“HESA”), is your consent to all actions we take with respect to such information as per our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to our Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms. You are prohibited from attempting to circumvent and from violating the security of our Website in any manner whatsoever.

You understand and agree that our Website and its entire contents, features, functionality, and intellectual property are owned by HEQ Partners, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The HEQ Partners’ name, trademarks, logo and all related names, logos, product and service names, designs, images, and slogans are trademarks of HEQ Partners or its affiliates or licensors. You must not use such marks without the prior written permission of HEQ Partners. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use our Website, its material and our products or services for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or through our Website, in any form or medium whatsoever.

You are not permitted to modify copies of any materials from our Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website.

If you take a screen shot, copy, download, or print off any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to our Website or to any content on our Website, and all rights not expressly granted are reserved by HEQ Partners. Any use of our Website not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Our Website is intended for prospective homeowners or homeowners in Canada that are looking for information about, and applying for, our products and services (and other third parties interested in learning more about our products and services, provided their usage complies with these Terms).

As a condition of your access and use of our Website, you agree that you may use our Website only for lawful purposes and in accordance with these Terms.

Without limiting the foregoing, you warrant and agree that your use of our Website shall not in any manner violate any applicable federal, provincial, local, or international law or regulation. Your use of our Website also shall not (i) in any manner violate the terms of use of any third-party website that is linked to our Website; and (ii) encourage any other conduct that as determined by us, may harm HEQ Partners or users of our Website or expose them to liability.

The following standards apply to any and all content, material, and information a user submits or transmits (collectively, “submit”) to our Website or to other persons, including the completion of an application or entering into a HESA (collectively, “User Submissions”). All User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms.

You understand and agree that you are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of our Website.

HEQ Partners has the right, without provision of notice, to terminate or suspend your access to all or part of our Website for any or no reason, including, without limitation, any violation of these Terms. At all times, HEQ Partners may take any such actions as we deem necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms.

YOU WAIVE AND HOLD HARMLESS HEQ PARTNERS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY HEQ PARTNERS AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER HEQ PARTNERS OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our site.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of our Website is at your own risk and neither HEQ Partners nor its parent, subsidiaries, affiliates, and its and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of our Website.

Our Website may include content provided by third parties. All statements and/or opinions expressed in any such third-party content, other than the content provided by HEQ Partners, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of HEQ Partners. HEQ Partners has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

By submitting to us your personal information and by using our Website, you consent to the collection, use, storage, and disclosure of any personal information in accordance with our Privacy Policy

For your convenience, our Website may provide links to third-party sites. We make no representations about any other websites that may be accessed from our Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

HEQ Partners is based in Ontario, Canada and our Website is not intended for use in any jurisdiction where its use is not permitted. If you access our Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HEQ PARTNERS EXPRESSLY DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER HEQ PARTNERS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF OUR WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER HEQ PARTNERS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT OUR WEBSITE, ITS CONTENT, OR ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR OUR WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF OUR WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY PRODUCTS OR SERVICES FOUND OR ATTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL HEQ PARTNERS NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW OF SUCH CLAIMS, DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, INCLUDING ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless HEQ Partners, its parent, subsidiaries, affiliates, and its and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms or your use of our Website, including, but not limited to, your User Submissions, third-party sites, any use of our Website’s content, and products and services other than as expressly authorized in these Terms.

Our Website and these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to our Website and under these Terms will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts. You agree that a final judgment in any such action or proceeding is conclusive and may be enforced in any other jurisdictions in any manner provided by law.

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

These Terms constitute the sole and entire agreement between you and HEQ Partners regarding our Website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter; provided that, in the event of any conflict between these Terms and the terms of any HESA you enter into with HEQ Partners, the terms of the HESA shall prevail.

Our Website is operated by the HEQ Partners in Toronto, Ontario.

All feedback, comments, and other communications relating to our Website, including all notices of copyright infringement claims should be directed to sweinreb@theHEQPartners.com.