Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES (AS DEFINED BELOW). THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THE SITES. THE SITES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS AND CONDITIONS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF USE, DO NOT ACCESS OR USE THE SITES.
By accessing, using and/or downloading materials from a SAGEN™ (“Company”)1 website or any other of the Company’s digital properties, including but not limited to, Sagen.ca and any other websites or applications used by the Company now or at any time in the future (hereinafter referred to as the “Sites”), you agree on your own behalf and on behalf of each person on whose behalf you act to these Terms and Conditions.
If you do not agree to abide by these Terms and Conditions, you should not use the Sites or download or use materials from them. These Terms and Conditions apply exclusively to your access to and use of the Sites and do not alter the terms or conditions of any other agreement you may have with the Company.
General Disclaimers. The Company intends for the information, text, graphics, images, and other content and materials (collectively, “Materials”) on the Sites to be accurate and reliable. However, the Materials have been compiled by the Company from a variety of sources and are provided to you “as is” and “as available”. The Company reserves the right to change or remove any Materials from the Sites, in whole or in part, at its sole discretion, at any time, without notice.
The Company may terminate, change, suspend or discontinue any aspect of the Sites, including the availability of any features, at any time without notice or liability. The Company may similarly remove, add, modify or otherwise change any Materials, including that of third parties, on or from the Sites. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability.
Limited License and Copyright. Subject to the terms and conditions set forth in this Agreement, the Company grants you a non-exclusive, non-transferable, limited right to access, use and view the Sites, and the Materials, and to view and download the Materials, only in connection with the products and services described by the Company.
This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without the Company’s written consent; and d) you may not print or copy any of the HTML or other computer programs that are viewable at the Sites. You agree to abide by all additional restrictions displayed on the Sites as it may be updated from time to time. The Sites, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Sites and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Company does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of the Company or any direct or indirect affiliate thereof.
Trademarks. The product names, company names and logos of the Company or any affiliate used on the Sites may be trademarks including registered trademarks of the Company or an affiliate. Such product names, company names and logos of the Company and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company or such affiliate. Other product and company names mentioned on the Sites may be the trademarks of their respective owners.
Reservation of Rights. The Company and its affiliates’ products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. The Company and its affiliates reserve all such rights.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the “Software”), used or accessible through the Sites is the copyrighted work of The Company, its affiliates and/or their suppliers. You are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on the Sites. Except as permitted by law, you may not use the Software for any other purpose and may not distribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.
Termination. The Company may terminate all rights and licenses contained herein and, upon such termination, you shall immediately destroy all Materials and Software.
Investor Relations Information. All information on the Sites provided by the Company is provided for informational purposes only. The Company does not warrant the accuracy of such information after the date of posting.
Stock Quotes. Stock quotes are provided by Ignite and are delayed at least 20 minutes. Data and information is provided for informational purposes only, and is not intended for trading purposes. The Company shall not be liable for any errors or delays in the Materials, or for any actions taken in reliance thereon.
Press Releases. All press releases on the Sites provided by the Company are provided for informational purposes only. The Company does not warrant the accuracy of such press releases after the date of posting.
Archived Audio Webcast. All audio webcasts on the Sites provided by the Company are provided for informational purposes only. The Company does not warrant the accuracy of such audio webcasts after the date of posting.
Forward Looking Information.Certain statements posted on the Sites contain forward-looking information within the meaning of applicable securities laws (“forward-looking statements”). When used in this website, the words “may”, “would”, “could”, “will”, “intend”, “plan”, “anticipate”, “believe”, “seek”, “propose”, “estimate”, “expect”, and similar expressions, as they relate to the Company, are intended to identify forward-looking statements. Specific forward-looking statements in this document include, but are not limited to, statements with respect to the Company’s expectations regarding the effect of the Canadian government guarantee legislative framework, the impact of any proposed guideline changes by OSFI, and the effect of changes to the government guarantee mortgage eligibility rules, and the Company’s beliefs as to housing demand and home price appreciation, unemployment rates, the Company’s future operating and financial results, sales expectations regarding premiums written, capital expenditure plans, dividend policy and the ability to execute on its future operating, investing and financial strategies. The forward-looking statements contained herein are based on certain factors and assumptions, certain of which may appear proximate to the applicable forward-looking statements contained herein. Inherent in the forward-looking statements are known and unknown risks, uncertainties and other factors beyond the Company’s ability to control or predict, that may cause the actual results, performance or achievements of the Company or developments in the Company’s business or in its industry, to differ materially from the anticipated results, performance, achievements or developments expressed or implied by such forward-looking statements. Actual results or developments may differ materially from those contemplated by the forward-looking statements.
This is not an exhaustive list of the factors that may affect any of the Company’s forward-looking statements. Further information regarding these and other risk factors is included in the Company’s public filings with provincial and territorial securities regulatory authorities (including the Company’s most recent Annual Information Form) and can be found on the SEDAR website at www.sedar.com. The Company cautions you not to place undue reliance upon any such forward-looking statements, which speak only as of the date they are made. Forward-looking statements are based on management’s current plans, estimates, projections, beliefs and opinions and assumptions related to these plans, estimates, projections, beliefs and opinions may change. The Company does not undertake to publicly update or revise any forward-looking statements or information, except as required by applicable laws.
Disclaimer and Limitation of Damages
The Materials and information accessible through the Sites may contain inaccuracies and typographical errors. The Company, its affiliates and / or their suppliers make no representations or warranties about the accuracy or completeness of the Materials or information accessible through the Sites, or the reliability of any advice, opinion, statement or other information displayed or distributed through the Sites. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Sites. The Company may make any other changes to the Sites, the Materials and the products, services, programs or prices (if any) described on the Sites at any time without notice or liability. The products and services of the Company are subject to the terms and conditions of the agreements governing their use.
The Sites, the Materials and information accessible through the Sites and the Software are provided “as is” without any representation or warranty, express or implied, of any kind, and the Company, its affiliates and their suppliers hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. The Company does not warrant that the Sites will operate without interruptions or that it will be error free.
In no event shall the Company, its affiliates and / or their suppliers be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including, without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, loss of information or programs or other data on your information handling system) related to the use of, or the inability to use, the Sites, its contents or Materials available from the Sites, or any information, Software, products and services obtained through the Sites, or functions of the Sites or any linked website, whether or not any of the Company, its affiliates and/or their suppliers has been advised of the possibility of such damages.
The limitations of liability and disclaimers herein contained apply regardless jurisdiction or of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
Notwithstanding the foregoing, because some jurisdictions do not allow exclusions of implied warranties or conditions or limitations of liability for direct, indirect, consequential, incidental or other types of damages, the above exclusions or limitations may not apply, or may only partially apply, to you.
You agree: a) not to use the Sites in any manner which could damage, disable, overburden or impair the Sites; b) not to interfere with the security of, or otherwise abuse, the Sites, or any services, system resources, accounts, servers or networks connected to or accessible through the Sites or affiliated or linked sites; c) not to disrupt or interfere with any other person’s use and enjoyment of the Sites or affiliated or linked sites; d) not to upload, post or otherwise transmit on the Sites any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at the Sites; f) not to use or attempt to use another’s account, service or system without authorization from the Company, or create or use a false identity on the Sites; g) not to transmit on the Sites from or anything created by the Sites any spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and h) not to attempt to obtain unauthorized access to the Sites or portions of the Sites which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on the Sites, including but not limited to, Canada’s Anti-Spam Legislation.
Online Communities and Other Interactive Areas
To the extent that the Sites contains bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through the Sites harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. The Company does not have any obligation to monitor the content of its bulletin boards, chat rooms, or other message or communication facilities. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post, remove any information or materials, in whole or in part, and prevent further access to the Sites to persons that in the Company’s sole discretion are objectionable or in violation of these Terms and Conditions.
Links and Third Party Content
As a convenience to you, the Company may provide, on the Sites, links to websites operated by other entities. If you use these sites, you will leave the Sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. The Company makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that the Company or the Sites sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates.
The Sites may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that the Company shall not have any liability whatsoever to you for any such third party material, data or information. All links to the Sites must be approved in writing by the Company.
Information Provided by You
The Company does not want you to, and you should not, send any confidential or proprietary information to the Company via the Sites. The security of the Sites is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to the Company via the Sites is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to the Company, you grant to the Company and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that the Company and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to the Company for any purpose. You further recognize that the Company does not want you to, and you warrant that you will not, provide any information or materials to the Company that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another person or entity.
International Users and Choice of law
The Sites are controlled, by the Company from its offices within Canada. Neither the Company nor any of its affiliates makes any representation or warranty that materials at the Sites are appropriate or available for use at any locations outside Canada and access to them from territories outside of Canada is prohibited. If you access the Sites from outside Canada, you are responsible for compliance with all local laws. You may not export any of the Materials accessible through the Sites in violation of applicable export laws and regulations. These Terms and Conditions are governed by the laws of the province of Ontario, Canada (without regard to its conflicts of law rules). You consent to the exclusive jurisdiction and venue of Ontario courts in case of any dispute connected with the Sites or these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between the Company and you with respect to the subject matter hereof. Any cause of action you may have with respect to your use of the Sites or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
What Information Do We Collect?
You can visit the Sites without telling us who you are or revealing any information about yourself, including your e-mail address. However, our Web server may collect the name of the IP address you used to access the Internet and the website you came from and visit next. This information is used by us and our business partners to measure the number of visits, average time spent, page views, and other statistics about visitors to the Sites in general. We may also use this data to monitor site performance, for systems administration purposes, to make the Sites easier and more convenient to use and to report information in aggregate form to our advisers (e.g. how many visitors log in to the Sites).
Personal Information Collection
There are times when you may choose to provide information about yourself and your business to assist us in meeting your various needs. This information may be used for the purpose of providing you with products, services or information you have requested, servicing your account, improving our services, developing and / or informing you of additional products or services provided by the Company or our business partners that may be of interest, or answering questions you have. To provide these services, we may ask you to provide, among other things, your name, mailing address, postal code, and phone number.
Communication of Your Personal Information to Affiliates and Third Parties
When you provide information to us you are agreeing that we may communicate and disclose your information to our affiliates, and we and our affiliates may communicate and disclose your information to other third parties, for the purpose of fulfilling, servicing and completing your requests and the transactions related to those requests. These affiliates and third parties may be located throughout Canada or in other jurisdictions.
You are also agreeing that we may communicate and disclose this information to our affiliates, and we and our affiliates may communicate and disclose your information to other third parties, in order to offer you other products and services that may be of interest to you, unless you notify us of your intention to opt-out in the manner described below. Occasionally, we will send you e-mail communications with useful information, including information and offerings about our products and services or those of our affiliates or third parties, unless you decide to unsubscribe in the manner described below. If you do not want the Company to use your personal information or to share your personal information with our affiliates or third parties for the purpose of offering you other products and services, or if you do not want to receive such e-mail or other marketing contacts, please notify us by email at [email protected], and include “Opt-Out” in the Subject field.
We may also aggregate statistics that we gather about our customers, sales, traffic patterns, and products and services and provide these statistics to third parties; however, when we do, these statistics will not include any personal information that identifies individuals. All reasonable measures have also been taken so that the information you provide to us will not be used by our affiliates or third parties for purposes other than those indicated herein. We may also use, disclose and communicate your personal information if required to do so by law, including by an order of any court.
How Do You Access and Update Your Information?
A copy of the personal information you provide to us and which we retain is kept on our servers. You can access and notify us to update the personal information you have provided by using the “Update Profile” link. You can request that we modify or delete information we have gathered during your visit by emailing at [email protected].
How is Your Information Secured and Protected?
When appropriate, the Company uses encryption, authentication tools and other methods to protect certain web-based personal information. Emails you send us are not necessarily secure when they are transmitted to us. If your communication is sensitive or includes confidential information such as a credit card number, you may want to provide it by post or via the telephone instead. We instruct our employees with access to your information that it is to be used only in adherence with the principles set forth herein and the laws applicable to our business. Employees who misuse customer information may be subject to disciplinary action.
The Company reserves the right to modify or supplement this policy at anytime. If we make any changes to this this policy, we will update the Sites to include these changes. Please read all notices and any revised policy statement. Your continued use of the Sites, or downloading or use of materials from it after we post such information, will constitute your acceptance of the new terms and their application to your use of the Sites and the information disclosed for such use, including information previously furnished to us, as if they were the initial terms. However, we will seek your consent if we want to use your personal information for purposes other than those you have agreed to previously.
The Sites may contain links to other sites, including those of our business partners, vendors and advertisers. While we try to link only to sites that share our high standards and respect for privacy, please understand that we are not responsible for the content of the privacy practices employed by other sites.
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1SAGEN™ is the doing business as name of Genworth Financial Mortgage Insurance Company Canada.