Terms of Service

Your use of this website (the "Site" or "website") and your transactions conducted with the company in connection with this website (the "Service") are subject to the following terms and conditions, also referred to as "terms of use". Clicking onto web pages beyond the website's homepage constitutes your acceptance of and agreement with the terms of use whether or not you complete a transaction with the company and whether or not you complete your transaction on the website or through other channels, such as by phone, by email, facsimile or otherwise. If you do not agree to the terms of use, you may not use this website. Capitalized terms not otherwise defined herein shall have the meaning ascribed to such term in Approva’ Privacy Policy.

1. Acceptance of agreement. By accessing the Site and by using the Service, you agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Service. If you do not agree to be bound by this Agreement, do not use the Site or the Service. You may not use the Site or Service, or accept this Agreement; if (a) you are not of legal age to form a binding contract with Approva ; (b) you are prohibited by law from receiving or using the Service; or (c) you do not reside in Canada.

You agree that: 1. Your use of this website is subject to and governed by these Terms of Use: 1. You will only access or use this website and transact business with us if you are at least 18 years old; 2. You will comply with and be bound by these Terms of Use as they appear on this website each time you access and use this website; 3. Each use of this website by you indicates and confirms your consent to and agreement to be bound by these Terms of Use; and 4. These Terms of Use are a legally binding agreement between you and Approva that will be enforceable against you. 2. Permitted Use. 2.1. You will not use the Site or Service for any illegal purpose. You will only use the Site or Service in accordance with the terms and conditions of this Agreement and Applicable Law. You agree that you will not use or attempt to use this website for any purpose other than conducting mortgage broker related business with Approva as a bona fide client of Approva. You may not use or attempt to use this website or any part of this Site for any other purpose including but not limited to: • That is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; • That transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications; • That interferes with or induces a breach of the contractual relationships between Approva and its employees; • That transmits any harmful or disabling computer codes or viruses; • That harvests email addresses from this site; • That transmits unsolicited email to this site or to anyone whose email address included the domain name under on this website; • That interferes with our network services; • That attempts to gain unauthorized access to our network services; • That suggests an express or implied affiliation with Approva or relationship with Approva (without the express written permission of Approva); • That impairs or limits our ability to operate this website or any other person's ability to access and use this website; • That uses any methods, means or devices to click on to this website or cause a visit to this website for the purpose of manipulating the results of any Internet search engine, or for any other purpose other than conducting mortgage banking related business with Approva as a bona fide client of Approva; • That unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity; • That harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; • That transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; • That harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities; • That dilutes or depreciates the name and reputation of Approva or any of its affiliates; • That "crawls," "scrapes," or "spiders," any page, data or portion of or relating to the Site or Services (through use of manual or automated means); • That copies or stores any significant portion of the Web Page Content (defined below); • That decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site or Service; • That transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or • That unlawfully transmits or uploads any confidential, proprietary or trade secret information. 2.2 Sole Responsibility For Use. You agree and acknowledge that you have the sole responsibility and liability for your use of this website and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this website.

3. Privacy. You agree to Approva’ Privacy Policy, which is incorporated by reference into this Agreement as if it were set forth herein in its entirety. The Privacy Policy describes our collection and possible use of information provided by you. By using the Site or Service, you agree to, and are bound by, the terms of the Privacy Policy.

5. Intellectual property rights. 5.1. Website Ownership. All registered owner(s) maintain control and interests in any content published on www.approva.ca. 5.2. Website Content. Web Page Content: You acknowledge and agree that: All content, Web pages, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, "look and feel", and the operation of this website (collectively "Web Page Content") are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and All rights associated with the Web Page Content are owned by Approva, its licensors, or content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Web Page Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any Web page, or alter the appearance of any Web Page Content. You may not use Web Page Content, domain names (in whole or in part), or Email addresses related to or derived from this website, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from this website, for any purpose; meaning that you may not, among other prohibited uses, use any Web Page Content, domain names, Email addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from this website: • In or as any meta-tag or hidden text; • In or as part of any contextual marketing directory, index, or triggering term; • As content or advertising related to any other website including, but not limited to, comparative/informational websites; and/or • As a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as the Company’s website or controls the content of any other Internet browser window. 5.3. Submissions. You acknowledge and agree that all submissions to Approva containing any comments, improvements, suggestions, and ideas regarding this website will become and remain our exclusive property, including any future rights associated with such submissions, even if the provisions of these Terms of Use are later modified or terminated. This means that you forever disclaim any proprietary rights in such submissions, and you acknowledge Approva’ unrestricted right to use, publish, and commercially exploit, identical, similar, or derivative ideas originating from your submission, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. 5.4. Testimonials. You acknowledge and agree that all testimonials submitted to Approva will become and remain our exclusive property, even if the provisions of these Terms of Use are later modified or terminated. This means that you irrevocably grant to Approva the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that Approva may use any percentage of your testimonial, image, likeness and/or works, in any way that it sees fit, and may exclude your name or use a fictions name herewith.

6. Amendments. You agree and acknowledge that we may revise or change these Terms of Use at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms of Use as they appear on this website at the time you access this website. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this website are subject to updating and revision without notice to you. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by the President of Approva.

7. Indemnification. If you make any unauthorized use of this Site or Service or violate the Terms of Use: (a) you may be in violation of copyright and other laws of Canada, as well as applicable provincial laws, and may be subject to penalties, and (b) you may be responsible for damages caused to the Company. You agree to indemnify Approva and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives of Approva and its affiliates, vendors and licensors, against, and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site or Service and/or your breach/violation of or failure to comply with the Terms of Use.

8. Warranties and disclaimers. 8.1 DISCLAIMERS. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, APPROVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. APPROVA MAKES NO REPRESENTATION OR WARRANTY REGARDING THE WEB PAGE CONTENT OR ITS USE THEREOF. THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. APPROVA HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT APPROVA IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, APPROVA 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. APPROVA MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS WEBSITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS WEBSITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT APPROVA, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS WEBSITE.

8.2. LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL APPROVA BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY WEB PAGE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE. YOU AGREE THAT APPROVA SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL APPROVA’ TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE greater of (A) the AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS WEBSITE OF WEB PAGE CONTENT THEREON; or (B) fifty dollars.

9. Company communications and other policies. 9.1. Time-Sensitive Communications. Time Sensitive Instructions: When communicating with us through this website, chat or via Email, do not use the website, chat or Email to communicate any time-sensitive instructions that are in any way related to or affect your loan, loan application or closing (such as interest rates locks, cancellation of a closing, rescissions, or the like). Such instructions may not be honored. All transactions conducted on this website, chat or via Email, must be confirmed in a separate writing by us to be accepted by and binding upon us. 9.2. Loan Approvals. All loan approvals, pre-qualifications, pre-approvals, rate locks, deposit and refund agreements, and the like, are only made by Approva in writing. Approvals, pre-qualifications and pre-approvals are conditional in accordance with these terms except as be specifically provided for in writing signed by Approva. 9.3. Credit Reports. By applying for credit, you are authorizing Approva to obtain a copy of your credit report. As a result, a "hard" inquiry may appear on your credit report. A hard inquiry may negatively affect your credit score. 9.4. Recording & Monitoring of Communications. Your communications with us via the website, chat Email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.

9.5. Contact Methods & Opt-Out. Agreement to calls and information sharing: If you submit an inquiry to Approva through this website or otherwise you are making an inquiry as to lending programs and services offered by Approva. You understand and agree that if you submit an inquiry, we may share the information that you provide, including, but not limited to, your full name, birth date, address, telephone number, and social security number with our affiliates so that they may respond to your inquiry. You authorize Approva to share your information, either as provided by you or as corrected by us. You acknowledge that Approva is not a party to any agreement that you may make with an affiliate, and that the affiliate is solely responsible for its services to you. You understand that requirements for a particular product or service, including a mortgage, are determined by the affiliates and that Approva does not endorse, warrant, or guarantee the products or services of any of its affiliates. Nothing in these Terms of Use or on this website constitutes an offer for a loan commitment or interest rate lock agreement. You agree that Approva shall not be liable for any damages or costs which arise from your use of the affiliates’ goods or services. By submitting your contact request for a loan product, you represent and warrant that each person you register for the Service or for whom you provide a wireless phone number has consented to be contacted by our mortgage partners by telephone (on a recorded line), automated calling, pre-recorded calling, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that the Partners may maintain the information you submitted to us even if you decide not to use their services. In the event you no longer want to receive communications from a Partner, you agree to notify the Partner directly. You can opt-out of any or all contact methods by sending an email to help@approva.ai. If you wish to revoke your consent to affiliate sharing, you may do so by sending an email to help@approva.ai.

9.6. Not Responsible For Links to Other websites. For your convenience, this website may provide links to other websites on the World Wide Web. Unless expressly stated otherwise on this website, Approva does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any websites to which this website may provide a link. By using this website you acknowledge and agree that Approva will not be responsible or liable to you or any other person for any damages or claims that might result from your use of such content, services, calculation, information, products or materials.

9.7. No Advertising / No Links. Approva does not permit third-party advertising on this website. Except with the written permission of Approva, you agree that you will not create links from any website or Web page to this website or any Web page within this website.

9.8. Agreement to Provide Accurate Information. In making a loan inquiry, application or in entering into any other transaction or request for information on this website, you agree to provide accurate, true, current, and complete information upon which Approva may rely.

9.9. Reasonable Efforts. While Approva will use all of its reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some process are not under our control. For instance, Approva cannot be responsible for delays in loan approval or closing due to: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; matters disclosed by a title commitment or survey; any other matters beyond Approva’ reasonable control.

9.9. Deposit/Refund Policy. When you submit a loan application, Approva will begin to process your application and, as a result, may advance on your behalf costs for certain third party expenses. If you do not fully cooperate in or complete the application process (including submitting all required documentation in a timely manner), choose to withdraw your application, or choose not to close the transaction for any reason, you may be required to pay for some or all of Approva third party costs. Please review your deposit agreement for details specific to your loan application.

9.10. Location. You understand and acknowledge that Approva controls and operates this website from within Canada. This website provides information regarding services and products that are made available in the Canada or specific provinces only. We make no representation that the services or products about which information may be provided on this website will be available (a) anywhere outside of Canada or (b) in every province within Canada. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this website. 9.11. User IDs and Passwords. Certain areas or features of this website may be restricted to users who have obtained a user identification and password by completing a registration process described on this website. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this website. You agree to notify Approva immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this website that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised

10. Term and termination. 10.1. Term. This Agreement shall commence on the date you first access the Site or use the Service and remain in effect until either Party terminates this Agreement in accordance with the terms hereof (the "Term").

10.2 Termination Rights of Approva. Approva may terminate this Agreement at any time in its sole discretion.

11. General Terms. 11.1 Governing Law. You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and Federal laws of Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the use of this website shall be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The parties irrevocably waive any and all rights to a trial by jury.

11.2. Severability. You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions. 11.3. Third Party Beneficiaries. Except as limited by these Terms of Service, this Agreement and the rights and obligations hereunder shall bind, and inure to the benefit of the Parties and their successors and permitted assigns. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the Parties and their successors and permitted assigns, any of the rights hereunder.

11.4. Entire Agreement. This Agreement and each of its exhibits or appendices, constitute and contain the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.

11.5. Survival. All provisions of this Agreement that by their nature extend beyond the expiration or termination of this Agreement.

11.6. Headings. The headings, captions, headers, footers and version numbers contained in this Agreement are intended for convenience or reference and shall not affect the meaning or interpretation of this Agreement.