Website Terms and Conditions

Last updated: October 3, 2024

Overview 

Please read these website terms and conditions (“Terms“) which constitute a legal agreement between you and Cameron Stephens Mortgage Capital Ltd. and its affiliates (“CSMC“, “we“, “us“, or “our“). These Terms govern your access to and use of https://cameronstephens.com/, including our investor portal found at https://csconnect.ca/login (collectively, our “Website“) and any content, information, material and functionality offered on and through our Website.

By accessing or using our Website, you agree to be bound by these Terms as well as our Privacy Policy found at https://cameronstephens.com/privacy-policy-disclaimer/. If you do not accept and agree to these Terms or our Privacy Policy, please do not use our Website.

Separate agreements (“Additional Agreements“), such as additional terms and conditions of use for accessing our investor portal or our products and/or services, may govern your relationship with us and concern specific products and/or services made available to you by us. If there is any conflict or inconsistency between these Terms and the Additional Agreements, then the Additional Agreements shall take priority and govern the specific product or service to which they apply and these Terms shall apply with respect to any other matter.

Modifications to the Terms and Website 

We reserve the right in our sole discretion to revise and update these Terms. Any and all such changes are effective immediately upon posting and apply to all use of and access to our Website. Your continued use of our Website shall be your acceptance of such changes. We recommend that you check our Website periodically to review our current Terms.

The information, material and services provided on and through our Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We do not guarantee access to our Website nor any of its features and may cease offering access to our Website at any time. We will not be liable if, for any reason, all or any part of our Website is restricted to you or unavailable at any time or for any period.

Your Use of our Website, Accounts and Security

Certain areas of our Website may require user registration. It is a condition of your use of our Website that the information you provide on our Website is correct, and complete. Unfortunately, the transmission of information via the Internet is not completely secure. Although we try to safeguard your personal information, we cannot guarantee the security of the data you transmit to our Website. Any transmission of personal information is at your own risk.

To access portions of our Website, you may be required to input a unique username and password chosen by you or assigned to you (an “Account“). You understand and agree that any such Account is for your personal use only. You must treat your Account information (including username and password), or any other piece of information chosen by you or provided to you in relation to your Account as confidential. You agree that you will not share such information to any other person or entity or otherwise permit them to access our Website or portions of it using your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any other security breach.

You are responsible for any misuse or unauthorized access of your Account. We shall not be held liable for any loss or damage which arises or may arise from information you provide us, including loss or damage arising from Account misuse or unauthorized access, loss or theft of any information, errors or omissions in any information, or an inability to access our Website. It is your responsibility to exercise caution when accessing your Account from public or shared devices or networks to ensure that your Account details and personal information remain secure.

You are prohibited from attempting to circumvent and violate the security of our Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures; (c) introducing any viruses, trojan horses, or other material that is malicious or technologically harmful; and (d) otherwise attempting to interfere with the proper functioning of our Website.

You agree that you are responsible for all activity associated with your Account. You hereby agree to indemnify us for any loss or damage which may result from unauthorized access to your Account caused by you.

Communicating with You

If you provide us with your contact information, we may occasionally communicate with you via electronic means, such as e-mail or SMS messaging, to share information we believe is relevant to you. You may opt out of receiving these communications at any time by unsubscribing from our electronic messaging lists.

Intellectual Property Rights and Ownership 

You understand and agree that the materials we provide to you, along with our Website and its entire contents, features, and functionality, including all information, software, code, text, displays, graphics, data, photographs, video, audio, design, presentation, selection, and arrangement, as well as other technologies used to operate our Website, are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws. Our corporate and trade names, business names, trademarks, signs, designs, images, logos and slogans (“Intellectual Property“) are owned by us. You must not use, display or otherwise use any of our Intellectual Property without our prior written consent.

You may only use our Website 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 or perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except your computer and browser may temporarily store or cache copies of materials being accessed and viewed.

If you copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our discretion, 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 us.

Conditions of Use and Content Standards

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: (a) violate any applicable federal, provincial, local, or international law or regulation or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise conflict with these Terms and our Privacy Policy; (b) violate the terms of use of any third-party website linked to our Website; (c) include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, sexually explicit, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion;  (d) involve, provide, or contribute any false, inaccurate, or misleading information; (e) impersonate or attempt to impersonate us, our employees, another user, or any other person or entity; (f) encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of our Website, or which may harm us or users of our Website or expose them to liability; (g) promote, advocate, or assist in any illegal activity or unlawful act; (h) give the impression that you are endorsed by us, if this is not the case; (i) engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to our Website; or (j) use our Website to engage in any advertising or marketing, unless authorized by us.

You further agree that you will not sell, sublicense, and/or otherwise commercialize any material from our Website.

YOU HEREBY WAIVE AGAINST US AND OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND CLIENTS, ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY US RELATING TO ANY INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES AND AGREE TO HOLD US AND OUR CLIENTS HARMLESS FROM ANY SUCH CLAIMS.

Site Monitoring, Suspension, and Termination

We reserve the right at all times, without notice, to: (a) take any action we deem necessary or appropriate, in our sole discretion, for violating the Terms; (b) take appropriate legal action, including, referral to law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of our Website. Without limiting the foregoing, we have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website or otherwise using our Website in any manner; and (c) terminate or suspend your access to all or part of our Website (including your Account) for any reason. The foregoing termination by us shall have no impact on the continuance or enforceability of any agreements (including Additional Agreements) or third party contracts you may have with us or any third party.

No Reliance 

The content and resources on our Website are provided for information purposes only and should not be relied upon as advice. Although we make reasonable efforts to keep the information on our Website accurate and up-to-date, we make no representations, warranties, or guarantees, whether express or implied, that the content and resources on our Website are accurate, complete, or up-to-date. We reserve the right to amend any errors, inaccuracies, or omissions at any time without prior notice or liability to you. Your use of our Website is at your own risk.

Privacy 

We are committed to respecting your privacy and personal information. Please review our Privacy Policy, found at https://cameronstephens.com/privacy-policy-disclaimer/ to learn about our privacy practices.

Third-Party Websites 

Our Website may include links or otherwise connect you to third-party sites for your convenience. We make no representations regarding the content or functionality of any external website accessible through our Website. Accessing any third-party site via our Website is done at your own risk. We have no control over these sites and do not accept any responsibility or liability for their content or any loss or damage that may arise from your use of them.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. OUR WEBSITE, INCLUDING ALL CONTENT OR SERVICES FOUND OR ATTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE DO NOT MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, CORRECTNESS, SECURITY, RELIABILITY, SUITABILITY, PERFORMANCE, QUALITY, TIMELINESS OR AVAILABILITY OF OUR WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR OUR WEBSITE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THAT THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE 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, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES 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.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS OR CLIENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, EMOTIONAL DISTRESS, LOST INCOME, BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, ARISING OUT OF THE USE OF OUR WEBSITE. WE, ALONG WITH OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND CLIENTS SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES OR OTHER LIABILITY, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, WHICH MAY ARISE OUT OF YOUR USE OF OR RELIANCE ON OUR WEBSITE OR OUR WEBSITE CONTENT, MATERIALS OR OTHER INFORMATION THEREON, ANY LINKED WEBSITES OR OTHER THIRD-PARTY WEBSITES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO OUR WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED CAD$100.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF, PURSUANT TO APPLICABLE LAW, THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless, us, and our directors, officers, employees, shareholders, agents, successors, assigns and clients from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your negligence, your misconduct, your breach of these Terms or your use of our Website, other than as expressly authorized in these Terms.

Governing Law and Choice of Forum 

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 (whether of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to our Website or the services offered on or through our Website and under these Terms will be instituted in the courts of the Province of Ontario, 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. In any dispute between us, your sole remedy is to stop using your Account and/or our Website.

Waiver 

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. 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.

Severability

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.

Assignment

We may assign and transfer our rights and/or obligations under these Terms without any notification to you. You may not assign or transfer any of your rights and/or obligations under these Terms without our prior written consent. Subject to the foregoing, these Terms shall enure to the benefit of and shall be binding on and enforceable by the parties and their respective successors, permitted assigns, heirs, and legal and personal representatives.

Entire Agreement

These Terms, Additional Agreements, as applicable, and the Privacy Policy constitute the sole and entire agreement between you and us regarding your use of our Website and supersedes all prior understandings, both written and oral.

Contact

If you have questions regarding our Terms, please feel free to contact us at diana@cameronstephens.com or by delivery in person, by courier or by mail to:

Cameron Stephens Mortgage Capital Ltd.
320 Bay Street
Suite 1700
Toronto, Ontario M5H 4A6

If you need further assistance, please contact us either by writing to us at the above address or by telephone at 416- 591-8787 x 204.