TERMS OF USE


Last Updated: September 23, 2017.

These Terms of Use (“Terms of Use”) govern your use of this website. Westmount Guarantee Insurance Group Inc. (“Westmount”, “we”, “us” or “our”) offers this website, including all information, tools and resources available on this website to you, the user, conditioned upon your acceptance of these Terms of Use.

We reserve the right to change, modify or amend these Terms of Use at any time, and will post a current version of these Terms of Use on our website. We are not required to inform you about any such updates and it is your responsibility to check this webpage periodically for any such updates. Your use, and continued use following an amendment to these Terms of Use constitutes your agreement to these Terms of Use and a binding agreement between Website Westmount and you. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

Privacy

The Terms of Use also include our Privacy Policy, which explains how we handle the information we may hold about you. You can access the Privacy Policy here [NTD: Hyperlink to privacy policy webpage.]. Our Privacy Policy is incorporated herein by reference.

Who Can Use Our Website

You must be at least the age of majority or legal age of your jurisdiction of residence in order to use our website. If you are under the age of majority or legal age in your jurisdiction of residence, you must get consent from your guardian or parent to use our website. Westmount disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any of our website users.

We only operate in Ontario as we are a licensed insurance broker with the Registered Insurance Brokers of Ontario (licence number 3969). All information offered on this website applies only to Ontario and is not intended for any other province or country.

Information on Our Website

Our website provides you with information and resources about our company, our team, and the products and services we offer, namely, surety and residential real estate solutions for builders, and developers and surety and personal insurance solutions for new home purchasers. You can also contact us through the Contact Us page of the website.

This website is for informational purposes only and is not intended to be a substitute for professional advice, assessment and evaluation for purchases of surety and residential real estate related products and services.

Acceptable Use Policy

We have established the following rules of use for our website. You agree you will not:

  • violate, plagiarize or infringe on our rights or the rights of any third party, including copyright, trademark, privacy, contractual or other personal or proprietary rights;
  • use the website for any commercial purpose or for the benefit of any third party on in any manner not permitted by these Terms of Use;
  • remove any proprietary notices or labels on this website or the Content (as defined below);
  • transmit of any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or other form of solicitation through our website;
  • engage in any conduct which we, in our sole discretion, deem to be detrimental to our interests, including, without limitation, acting or failing to act in a manner contrary to these Terms of Use, or intentionally interfering with the website or our computer systems;
  • collect, store, or attempt to collect or store, any Personal Information (as defined in our Privacy Policy) from our website;
  • impersonate or misrepresent your affiliation with any person or entity;
  • violate any applicable law or regulation; or
  • encourage or enable any other individual to do any of the foregoing.

Engaging in prohibited conduct may subject you to civil liability and criminal prosecution under applicable laws and constitutes a breach of these Terms of Use.

Content Ownership On The Website

Except for public domain material, all content and material on and/or forming part of our website from time-to-time, including all text, information, links, graphics, audio, video, animation, logos, trademarks service marks and trade names, and the design and arrangement thereof, and all source code and software (collectively referred to as the “Content”), are protected by copyright, trademark and other laws, and are owned or controlled by Westmount or its licensors. All rights not expressly granted to you in these Terms of Use are reserved. You agree that any copy of the Content, or any part thereof, which you make shall be solely for your private, non-commercial use or for such other use as may be authorized in writing in advance by us, and shall retain all copyright and other proprietary notices in the same form and manner as on the original.

Except for your use as authorized in these Terms of Use, you may not, directly or indirectly, adapt, republish, display, upload, post, transmit, broadcast, communicate to the public (including by telecommunication), sub-license, sell, reverse engineer, decompile or disassemble, merge with other data, frame in or post on another website, create derivative works from, translate, modify, reproduce, perform, distribute, transfer or otherwise use the Content, or individual sections of the Content, or authorize anyone to do any of the foregoing acts, without our express prior written permission.

Trademarks

The trademarks, service marks or logos displayed on and/or used in connection with this website (collectively, the “Marks”) are either registered or unregistered trademarks of Westmount or of our licensors. Nothing in these Terms of Use should be construed and granting any license to use any Marks without our express permission or permission from the applicable trademark owner. Unauthorized use of any Marks is prohibited, and may be a violation of federal and international trademark laws. You acknowledge that you do not acquire any ownership rights by using our website.

Feedback

We welcome any feedback, comments and suggestions you may have to improve our website or services (“Feedback”). You can submit Feedback to us at the email address listed on the “Contact Us” page of this website. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose without restriction or compensation to you.

Disclaimers

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WESTMOUNT DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND WARRANTIES AGAINST INTERFERENCE OR INFRINGEMENT ARISING FROM THE COURSE OR DEALING OR COURSE OF PERFORMANCE. WESTMOUNT FURTHER DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION PROVIDED THROUGH THE WEBSITE OR ON THE INTERNET GENERALLY WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, AND RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD CONTENT FROM THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. IN NO EVENT WILL WESTMOUNT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE WEBSITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WESTMOUNT AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, PARTNERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE OR ITS CONTENTS, EVEN IF WESTMOUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WESTMOUNT’S LIABILITY EXCEED FIFTY ($50) DOLLARS CAD.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain warranties and/or liabilities. Accordingly, some of the above limitations or exclusions may not apply to you.

Indemnification

You agree to indemnify, defend and hold Westmount and our respective directors, officers, agents, partners, employees, representatives, licensors and licensees harmless from any damages, loss, liability, costs and expenses (including reasonable lawyer’s fees), incurred in connection with any third party claim, or demand due to or arising out of your access or use of the website and/or breach of these Terms of Use or your violation of any law or the rights of such third party.

Website Links

Like many other websites, our website contains links to other third party websites, which are not governed by these Terms of Use. These links are provided for your convenience only. Please be aware that these third party websites are governed by separate terms of use. We encourage you to be aware when you click these links and leave our site. Your use of these third party links is at your own risk.

Termination

We may, in our sole discretion, terminate or suspend your access to all or part of this website and its contents for any reason, including, without limitation, your breach of these Terms or Use.

Miscellaneous

These Terms of Use and your use of our website shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising under these Terms of Use shall be resolved exclusively by the courts located in Toronto in the Province of Ontario. You agree not to bring any legal action against Westmount in any jurisdiction except the Province of Ontario and you shall submit and consent to such jurisdiction.

Any cause of action or claim you may have with respect to these Terms of Use or the website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred.

Westmount reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use and/or the rules and regulations set forth on this website, including without limitation the right to block access from a particular internet address.

If any provision of these Terms of Use shall be deemed unlawful by a court of law, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Westmount in connection with your use of the website.

Contact Us

If you have any questions, concerns, or suggestions regarding this Terms of Use, please contact us at the email address listed on the “Contact Us” page of this website or by mail:

Westmount Guarantee Insurance Group Inc.
600 Cochrane Drive, Suite 205
Markham, Ontario L3R 5K3