Terms and Conditions
In the event that one or more of the provisions contained within this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or lack of enforceability shall not affect any other provision, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been included.
Failure by Canada Credit Fix at any time to enforce any of the provisions of this Agreement shall not preclude any other or further enforcement of such provision. Canada Credit Fix reserves the right at any time to modify or discontinue, temporarily or permanently, their Services with or without notice.
Applicant or Mortgagor agrees to negotiate in good faith with Canada Credit Fix to resolve any dispute or claim; agreeing to hold any mediations or arbitration or litigation in Calgary, Alberta, Canada; and to submit any proceeding to the exclusive law of the Province of Alberta, and the jurisdiction of the Courts of Alberta.
GENERAL TERMS AND CONDITIONS
Website, Software, Portals, Emails and Data Transfer
All information from or through this site is provided "as is", "available," and all warranties, expressed or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information may contain errors, problems, or other limitations.
The Parties agree that Canada Credit Fix’s sole and entire maximum liability for any inaccurate information and requests, for any reason, and Applicant or Mortgagor's sole and exclusive remedy for any cause whatsoever, shall be limited to the lower of the amount paid for the SERVICES and $1500C.
Canada Credit Fix IS NOT liable for any indirect, special, incidental, or consequential damages whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damage. The limitations of damages set forth above are fundamental elements of the Agreement.
All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed by Canada Credit Fix. The Services and Software provided by Canada Credit Fix may be used solely for personal, non-commercial, and informational purposes in accordance with the terms of the Agreement, unless provided otherwise in writing and signed by Canada Credit Fix.
Applicant and Mortgagor has carefully read these terms and conditions as they describe their legal rights and obligations. This Agreement shall become effective as of the first occurrence of the following two events: (1) Digital Signature on or acceptance of this Agreement which happens automatically with use of CCF Services and Software, (2) Applicant and Mortgagor’s receipt of an e-mail from Canada Credit Fix confirming their order.
In no case shall Canada Credit Fix’s directors, officers, employees, Affiliates, agents, Partners or contractors or other third parties be liable for any direct, indirect, incidental, exemplary, special or consequential damages arising from Applicant and Mortgagor’s use of Services and Software or otherwise related to the Services. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, CCF liability shall be limited to the extent permitted by law. Canada Credit Fix does not endorse, warrant, or guarantee any third party product or service offered or otherwise accessed while using Services. Applicant and Mortgagor hereby release Canada Credit Fix from any and all obligations, liability and claims in excess of these liability and limitations. The total liability of Canada Credit Fix for breach of warranty arising out of the Agreement, negligence or strict liability in tort, or any other claim relating to the Agreement shall be limited to the lower of the total fees paid to CCF for Services under the Agreement and $1500C, and for greater certainty shall in no event shall exceed $1500C. The Service as are provided on an "as is" basis excluding any warranty of any kind whether express or implied, and at Applicant and Mortgagor’s sole risk. Applicant and Mortgagor agree and warrant that the contact information provided is complete and accurate, and further agree to notify CCF within ten days of a change to any such contact information. Contact information includes your name, mailing address, telephone number, fax number, and e-mail.
Applicant and Mortgagor affirmatively represent, agree and warrant that they at all times have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Canada and throughout the world, to reproduce and disseminate, via the Internet, all data transmitted to or from CCF servers.
Applicant and Mortgagor agree and warrant that they will not transmit data while using Services and Software that is harmful, violent, threatening, abusive or hateful. They further agree not to transmit data which is libelous, slanderous, defamatory, or in violation or infringement of any common law or other right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights.
Applicant and Mortgagor agree to not send confidential information to Canada Credit Fix via e-mail without first obtaining authorization from CCF. For more specific, comprehensive and up-to-date information, or for help with particular factual situations, Applicant or Mortgagor should seek the opinion of legal counsel or financial advisor licensed in their province.
Applicant and Mortgagor agree and warrant that they shall not engage in any false, deceptive or fraudulent activities in association with use of CCF Services and Software. They agree that at all times to use Service and Software and to act in a manner consistent with this Agreement, and shall not in any way impair the functioning or operation of the CCF website and network. Should their use of Services and Software result in an overly high load on servers, Canada Credit Fix shall, in their sole discretion, suspend that account until the cause of any such overload is determined and resolved to CCF’s satisfaction.
Applicant and Mortgagor represents and warrants that they are over the Age of Majority and are competent to enter into this Agreement.
Applicant and Mortgagor agree to comply with all Canadian Federal, Provincial, Municipal laws and local laws while using our Services and Software. The also agree to abide by all Federal, Provincial, Municipal and local laws and rules regarding online conduct and acceptable content. Specifically, they agree to comply with all applicable laws regarding the transmission of technical data in the Canada.
While using Canada Credit Fix Services and Software and during the course of this Agreement, Applicant and Mortgagor may gain access to certain confidential, proprietary and trade secret business or technical information belonging to Canada Credit Fix (the Confidential Information). The Applicant and Mortgagor agree to preserve the confidentiality of all Confidential Information that is provided in connection with the use of Services and Software, and shall not, without the prior written consent from CCF, disclose or make available to any person, or use for their own or any other person's benefit, any Confidential Information, and further agree that CCF retains all rights and title to such Confidential Information. Applicant and Mortgagor confirm that Canada Credit Fix has not made any representations or guarantees, and that there have been no commitments other than what is contained or listed within this Agreement. Applicant and Mortgagor confirm that they have decided to enter the CCF web site and use Services and Software at their own risk and further acknowledge and expressly agree that none of CCF, their representatives, agents, Affiliates and Partners have at any time directly or indirectly communicated in any guarantees. Services under this Agreement are clearly and specifically not a guarantee of expected results or modifications to a mortgage or foreclosure.
INDEMNITY AND HOLD HARMLESS
Applicant and Mortgagor agree that Canada Credit Fix has no control over public free or paid web pages, that any use by a third party is not CCF responsibility in regards to what they transmit, and that CCF cannot be held responsible for such use or actions by any third parties. Applicant and Mortgagor agrees that they use the CCF Services and Software at their own risk, that any causes of action that arise from their use are not CCF responsibility, and that any expenses incurred by CCF in defending any such claims shall be reimbursed by Applicant and Mortgagor. This includes any expense related to defending claims associated with or as a direct result of Applicant or Mortgagor. Applicant and Mortgagor further agree to defend, indemnify and hold harmless Canada Credit Fix, including its officers, directors, owners, managing agents, employees, attorneys, shareholders, related entities, Affiliates, Partners, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by an act or omission of Applicant or Mortgagor or their agents in connection with the performance of this Agreement.
It is the policy of Canada Credit Fix to respect confidentiality and privacy, adhering applicable to federal and provincial privacy requirements. CCF will not disclose any personal or confidential information about the Applicant and Mortgagor without their prior consent, unless required by law or where such disclosure is a direct result of a violation of this Agreement. Applicant and Mortgagor authorize CCF to communicate to Mortgagee on their behalf in association with the respect to requests for the modification of mortgage or the prevention of foreclosure. CCF reserves the right to monitor Applicant and Mortgagor’s account and any sub-accounts for the purpose of investigating violations to this Agreement or to assist, as required, under criminal or civil investigations.
TERM AND TERMINATION
After termination of the Agreement, Applicant and Mortgagor will no longer have access to their account and any information or content, including but not limited to e-mails, Digital Signature, web pages, CGI scripts, log files, databases, or other data files associated with their account and file. This information may be deleted by Canada Credit Fix, and CCF is not liable for deleted information or content. Additionally, Canada Credit Fix will not be held to any obligations in regards to the reproduction of information for the Applicant and Mortgagor or any third parties. It is the Applicant and Mortgagor’s responsibility to maintain their own copies of emails, data, forms, contracts and any information regarding the Services.
In the event that any one or more of the provisions or terms contained within this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not affect any other provision or terms hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been included.
Failure of Canada Credit Fix at any time to enforce any of the provisions of this Agreement shall not preclude any other or further enforcement of such provision. CCF reserve the right at any time to modify or discontinue, temporarily or permanently, Services without notice. Applicant and Mortgagor agrees that Canada Credit Fix shall not be liable to them or to any third party for any reason as a result of the discontinuing Services or termination of the Agreement.
Applicant and Mortgagor agree to negotiate in good faith to resolve any claim they feel they have with Canada Credit Fix, and agree to have mediation and arbitration sessions or litigation in Calgary, Alberta in the event that they elect to proceed against Canada Credit Fix, and that the proceedings will be subject to the laws and Courts of the Province of Alberta. Applicant and Mortgagor may not be a representative of or participant with other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individual disputes be consolidated or otherwise determined in one proceeding. Applicant and Mortgagor also agree to waive any rights to participate in or initiate an action as a plaintiff or as a member of a class action.
This Agreement constitutes the entire agreement of the Parties, and supersedes and cancels all other prior agreements. Any discussion, or representations, whether written or verbal, made before acceptance of these terms are void. No officer, employee or representative of Canada Credit Fix, or Applicant and Mortgagor, has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement. Applicant and Mortgagor hereby acknowledge that they have not executed the Agreement in reliance upon any such representation or promise.
1. CONSENT TO ELECTRONIC SIGNATURE AND ELECTRONIC DOCUMENTS. By signing, electronically or otherwise below, Applicant and Mortgagor thereby consents to electronically signing any and any and all documents, forms and agreements related to the foreclosure and loss mitigation Services. Applicant and Mortgagor acknowledge and agree that Canada Credit Fix’s digitally signed documents, forms and agreements shall have the same binding legal effect as if the electronically signed document, form and agreement were physically hand-signed in ink by them. Applicant and Mortgagor also consent to receive Canada Credit Fix's related documents, forms, and agreements in electronic or digital form. Applicant and Mortgagor has the right to receive paper copies of any documents digitally signed by requesting for copies of the same from Canada Credit Fix in writing. Applicant and Mortgagor may later withdraw consent to electronically contract and sign documents by providing Canada Credit Fix written notice thereof. Future Service modifications can be done using the authorized Digital Signature.
2. CONSENT TO PHONE CALL RECORDING. By signing below, Applicant and Mortgagor consents to Canada Credit Fix monitoring and recording any phone call conversation between a Canada Credit Fix and the Applicant and Mortgagor for quality assurance or other business purposes, where any recording is the exclusive property of CCF.
3. MAIL AND WEBSITE NOTIFICATION. Applicant and Mortgagor agrees to receive updates via email or via Canada Credit Fix website notification for material updates or modifications regarding this Agreement and Services. They agree to proactively check emails from Canada Credit Fix and the Canada Credit Fix website to stay updated regarding the Services and Agreement terms. Applicant and Mortgagor will be deemed to have received electronic messages if sent to the last known email address provided to Canada Credit Fix. Continued use of the Canada Credit Fix Services and website constitutes Applicant and Mortgagor’s affirmation of any such modifications. Given the nature of email and website notifications, Applicant and Mortgagor understands that on occasion clerical or technical errors may occur and as such agrees that if so, the notification will not be binding if Applicant and Mortgagor gives notice of the clerical or technical error to Canada Credit Fix and Canada Credit Fix corrects such within a reasonable time.
4. PRIVACY STATEMENT. Canada Credit Fix has a comprehensive privacy statement which describes its privacy policies and practices. Applicant and Mortgagor hereby agrees to visit and electronically receive this privacy statement via Canada Credit Fix Canada Credit Fix's website address; (www.CanadaCreditFix.com). Further, Applicant and Mortgagor acknowledges it has already reviewed this notice at Canada Credit Fix's website and also agrees to receive, electronically via Canada Credit Fix 's website, any future annual privacy statements and amendments to the existing privacy statement.
5. MODIFICATION OF AGREEMENT. Canada Credit Fix reserves the right to modify the Agreement and any terms of the Agreement or Services provided under it by providing notice of 30 (thirty) days to the Applicant and Mortgagor.
6. FORCE MAJURE. Canada Credit Fix shall not be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by conditions beyond its reasonable control, including but not limited to, fire, flood, accident, earthquakes, electrical outages, telecommunications line failures, network failures, acts of God, or labor disputes.
7. ENTIRE AGREEMENT. This Agreement constitutes the full and complete agreement between Canada Credit Fix and the Applicant and Mortgagor, and this Agreement supersedes any and all prior agreements and representations. This Agreement may be executed in counterparts and, as so executed, shall constitute one Agreement binding on all Parties.
8. MISCELLANEOUS. Whenever used, the singular shall include the plural, and the plural the singular. The Agreement shall be construed without regard to any presumption or other rule requiring construction against the Party who drafted it.
9. NO EXPRESS OR IMPLIED WARRANTY. Unless given to Applicant and Mortgagor in written form with the word, "GUARANTEE", bolded and immediately preceding it in all capital letters, no Canada Credit Fix affirmation of fact, warranty or other representation should be implied or relied upon however related to this Agreement, Services, Software or relationship with Canada Credit Fix.
10. DUTY TO ACT IN GOOD FAITH. The Parties agree no dispute shall be ripe for mediation, arbitration or court proceedings unless and until the Parties have, in good faith, made reasonable efforts to resolve any and all disputes informally. Applicant and Mortgagor is under a duty to provide advance written notice to Canada Credit Fix of any such dispute, which notice then acts as a triggering event for the Parties obligation to attempt an informal, good faith resolution of any such dispute. If such dispute cannot be worked out within a reasonable timeframe, then the next step would be mediation, then arbitration, and finally litigation.
11. REMEDIES UNDER THIS AGREEMENT. The Parties agree that punitive and treble damages, even if same are provided for by statute, are absolutely prohibited remedies under this Agreement. Canada Credit Fix shall not be liable for any incidental, indirect, special or consequential damages for any claim arising out of or related to this Agreement or the services contemplated hereunder even if Canada Credit Fix has been advised of the possibility of such damages. Further, Canada Credit Fix's maximum liability for any claim arising out of or related to this Agreement or the services contemplated hereunder shall not exceed the lessor of the sum of the fees for Services paid by Applicant and Mortgagor to Canada Credit Fix or $1500C. Additionally, if the damages or alleged injury is related to something that is disclaimed or otherwise disclosed by Canada Credit Fix within this Agreement, through the Service provided or notice otherwise given to Applicant, then Canada Credit Fix shall not be liable as Applicant and Mortgagor entered into the Agreement and relationship voluntarily, knowingly and understanding of such risks, which were assumed by them. Canada Credit Fix shall not be liable for any damage to Applicant and Mortgagor’s real property or other property caused by any action or inaction on the part of any third party, whether negligent or intentional. Applicant and Mortgagor's exclusive remedy to any alleged, claimed or proven liability, damage or reimbursement in which a third party is one of or the sole wrongdoer shall be solely with such third party, without any direct or indirect claim or rights to damages or other remedy against Canada Credit Fix.
12. LITIGATION COSTS. If any mediation, arbitration or legal action or other proceeding is brought by Applicant and Mortgagor or Canada Credit Fix for the enforcement or interpretation of this Agreement, each Party shall be responsible for its own incurred solicitors fees, and meditation, arbitration and litigation costs.
13. GOVERNING LAW AND VENUE. The interpretation or enforcement of this Agreement, including any claim arising out of or in any way related to the Parties relationship contemplated hereunder shall be construed in accordance with the laws of the Province of Alberta, without regard to conflict of law principles. The Courts of Alberta have exclusive jurisdiction over any matters arising under this Agreement, and no other courts. Notwithstanding this, if any part of this Agreement is in conflict with any law deemed to control it by a Court with competent jurisdiction, then such confliction part shall only be redacted to the extent necessary to leave this Agreement as complete as possible, as was originally intended and without being in continued conflict.
Every term, provision, phrase, paragraph, condition, or otherwise contained within this Agreement shall be interpreted and upheld to the fullest extent permitted by applicable law. As such, the Applicant and Mortgagor understands and authorizes any and all Services to be provided from Canada Credit Fix's office in Calgary Alberta. The Applicant and Mortgagor deems and elects all transactions, services, business matters and settlements as being executed in Alberta, despite their own province of residency.
14. SHORTENED STATUTE OF LIMITATIONS. Any dispute in law or equity arising out of or related to this Agreement or the Parties relationship hereunder shall be brought within 1 (one) year from the happening of the alleged act or occurrence giving rise to the dispute or, in the alternative, when the complaining Party knew or reasonably should have known of the act or occurrence through due diligence or otherwise. No action may be brought after this period expires. By signing below, the Applicant and Mortgagor understands and agrees this shortened statute of limitations may be considerably less than that which might otherwise be applicable under the law.
15. NON WAIVER. Canada Credit Fix's failure or delay to exercise any of its rights under this Agreement, or its waiver of a right on any occasion shall not constitute a waiver of the same right or any other right on any other occasion.
16. INDEMNIFICATION. Applicant and Mortgagor agrees to indemnify and hold Canada Credit Fix harmless from liability incurred, which is based, directly or indirectly, on false, inaccurate or misleading information provided by Applicant and Mortgagor; Applicant and Mortgagor's failure to timely perform such conditions as stated within Agreement, for any increase in the relevant mortgage account balances, or from any action or inaction of any third party, including but not limited to, actions or non-actions by Mortgagee.
17. TRANSFERABILITY. Canada Credit Fix reserves the right to assign its rights and/or delegate its duties under this Agreement or to sell this Agreement, in whole or part.
The Applicant and Mortgagor entering into this Agreement confirms that they have read and understand all of the contents, terms and conditions within this complete contract. If you do not understand this agreement please seek legal and financial counsel or contact us for further information or clarification prior to signing.
This Agreement is hereby signed on [DATE] on an Electronic Data System located in Alberta, Canada. The Applicant hereby engages the services of an Alberta Corporation, and is aware that all services will be performed in Alberta despite the Applicant and Mortgagor’s geographical location.