Mortgage Sandbox Advisor Inc. (“Mortgage Sandbox” / “we” / “us”) owns and operates the cloud-based platform accessed at www.mortgagesandbox.com (“platform”). These terms of use apply to all users of the platform, including users who upload any materials to the platform, users who use services provided through this platform and users who simply view the content on or available through this platform (“users”/ “you”).
These terms of use also apply to any third-party website or service, such as a partner blog or social media platform that hosts Mortgage Sandbox content (such as the Mortgage Sandbox Facebook page).
By using this platform and/or service (defined below), you indicate your acceptance of these terms of use. If you do not accept these terms of use, then do not use the platform or any of its content or services. These terms of use may be amended or updated by Mortgage Sandbox from time to time without notice and the terms of use may have changed since your last visit to this platform. It is your responsibility to review these terms of use for any changes. Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this platform from time to time will be subject to these terms of use, unless stated otherwise. You should visit this page periodically to review these terms of use.
To use certain features of the platform, you may be required to provide certain personal information. All personal information you provide to us will be treated in accordance with the terms of our privacy policy, which is hereby incorporated by reference into these terms of use.
1. User(s): A user is any person who utilizes the platform or service(s) whether registered or unregistered. Each registered user has a personal profile, and can store personal information on the platform.
2. Service(s): Mortgage Sandbox provides services to help people navigate the home buying process including but not limited to: a matching tool to pair them with pre-screened real estate professionals (e.g., real estate agents, mortgage brokers, lawyers, home inspectors); calculators (e.g., calculator to estimate maximum home buying budget); and blog content about the home buying process and the real estate market.
3. Service Disclaimer: By using the Services, you understand and acknowledge that Mortgage Sandbox provides a platform to get information on real estate and select real estate professionals through our matching tool. Mortgage Sandbox is not a realtor, mortgage broker, or any other real estate professional but a platform that processes information about you to find real estate professionals from our records. Mortgage Sandbox in no way guarantees that a match will result in a successful business relationship. The information provided on the platform is provided for information purposes only and is not and should not be construed as financial advice or any other kind of advice. Mortgage Sandbox makes no representations or warranties about the accuracy of any information contained on the platform, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided therein, and some information may not always be up to date. Additionally, some of the information about certain products appearing on the platform is provided directly by users, not by Mortgage Sandbox (“User Content”). As between Mortgage Sandbox and any vendor or third parties, vendors and third parties shall be exclusively responsible for user content, and Mortgage Sandbox shall not be responsible for any user content or vendor or third party acts or omissions, and vendor or third party acts and omissions, or for any inaccuracies in any user content or any losses, claims, expenses, damages, or liabilities that arise as a result of any user content. Users are strongly encouraged to use common sense and discretion and to do their own research before relying on any of the information provided by the platform, and to consult an independent competent professional (such as, without limitation, an accountant, real estate agent, mortgage broker, insurance broker, or lawyer) before transacting with any vendor for any product. Mortgage Sandbox is not responsible for any advice provided by any professional you consult, nor are we responsible for the acts or omissions of any vendor or any other platform user or for any actual, failed, proposed or discussed transaction related to your use of the Services or any other decisions you make as a result of using the platform and/or Services. Users hereby understand and agree to use the information contained on this platform at their own risk.
4. Registration: You do not need an account to view the platform, however if you do not register for an account certain features of the platform, such as a Find a Match, will not be available to you. Users have the option to register for a Mortgage Sandbox account. To register for an account, you will be required to provide your personal information such as your e-mail. You will also be required to select password. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other individual or entity. Mortgage Sandbox is not liable for any of the activity occurring on your account, including any unauthorized access to your account. Please notify us immediately if you believe your account has been compromised.
5. Find A Match Products: If you are interested in finding a real estate professional through our Find A Match Product you will be able to click a link on the platform. To use Find A Match you will be required to fill out a survey that builds up a profile of interests, values, and working style and uses this information to filter professionals from our database. This information includes: geographic area of current home, the geographic area where you want to live, answers to questions relating to your name, contact details, interests, values, and work style, and preferred language. This information will be processed by our matching algorithm to produce the top three matches based on your profile. Once matched we will forward the information from your profile to the match you select. You hereby consent to our collecting and processing the information you provide in your Find A Match profile and submitting it to the match you have selected. If you have completed a home buying calculator, you also consent to sharing your income, down payment information, and home buying budget with your chosen mortgage broker, and/or credit union employee, and/or bank employee. If you have completed a home buying calculator, you also consent to sharing your home buying budget with your chosen real estate agent.
6. Calculator Products: If you are interested in using our “calculator products” you will be able to access them through the platform. To use the “calculator products” you will be required to provide us with personal information such as but not limited to contact details, building preference, income and savings amounts, as well as other information specific to certain calculators. You hereby consent to our collecting and processing the information you provide in using Mortgage Sandbox calculator products, and submitting it to the real estate professionals you have selected should you use the Find a Match tool.
7. No Endorsement: Mortgage Sandbox is not a provider, broker or vendor of financial products. Any and all financial products that are listed or referred to on the platform are provided by third party vendors. Mortgage Sandbox is not affiliated with any of the vendors and does not endorse any of the financial products or other products and services of any vendor whose products appear on our platform. Any reference to the word “partner” or “business partner” should not be interpreted as Mortgage Sandbox endorsing any Product of any vendor appearing on, advertised on, or linked to our platform.
8. User Eligibility: User understands and agrees that any transaction for any products is between Users, as applicable. Users may not be eligible for any or all of the products appearing on the platform, or for the rates appearing on the platform, and the vendor, and not Mortgage Sandbox, is responsible for approving or denying any application for any products in its sole discretion.
9. Mortgage Sandbox Fees: Fees are applicable to users who are mortgage brokers, real estate agents, lawyers, property inspectors, investment advisors, banks employees, credit union employees, insurance brokers, locksmiths, and moving company employees (“Professional Users”). Professional Users hereby agree to the listed fees provided by Mortgage Sandbox which ae listed on the platform website and which may be amended from time to time by Mortgage Sandbox at Mortgage Sandbox’s discretion.
10. User Content: All information, data, text, comments, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the platform by Users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that Users, and not Mortgage Sandbox, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Mortgage Sandbox does not control or actively monitor user content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Mortgage Sandbox be liable in any way for any materials, including, but not limited to, any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, emailed, transmitted or otherwise made available via the Service.
11. Restrictions on User Content and Use of the Service: Mortgage Sandbox reserves the right at all times (but will have no obligation) to remove or refuse to distribute any user content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
In using the platform and/or service you shall not:
a) copy any content unless expressly permitted to do so herein;
b) upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the platform or that of any users or viewers of the platform or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
c) impersonate any person or entity or misrepresent their affiliation with a person or entity;
d) interfere with or disrupt the platform or servers or networks connected to the platform, or disobey any requirements, procedures, policies or regulations of networks connected to the platform or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
e) intentionally or unintentionally violate any applicable local, provincial, state, national or international law or regulation;
f) collect or store personal data about other users or viewers;
g) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the platform and/or service;
h) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the platform, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
i) register for the Service on behalf of a group or corporate entity.
12. License of Content: By submitting, posting or displaying user content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such user content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any user content that you submit.
13. End User License: Except for user content, this platform, and the information and materials that it contains, including the comparisons and analyses of the products we provide are the intellectual property and/or proprietary information of Mortgage Sandbox and its partners and licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of these Terms of Use, Mortgage Sandbox grants you a non-transferable, non-exclusive, license to (a) use the platform for your use. Nothing in the Terms gives you a right to use the Mortgage Sandbox or Mortgage Sandbox names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the platform or Mortgage Sandbox shall be subject to these Terms of Use.
14. Feedback: If you provide Mortgage Sandbox with any suggestions, comments or other feedback relating to any aspect of the platform and/or Service ("Feedback"), Mortgage Sandbox may use such Feedback in the platform or in any other Mortgage Sandbox products or services (collectively, "Mortgage Sandbox Offerings"). Accordingly, you agree that: (a) Mortgage Sandbox is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Mortgage Sandbox, (c) Mortgage Sandbox (including all of its successors and assigns and any successors and assigns of any of the Mortgage Sandbox Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Mortgage Sandbox Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Mortgage Sandbox or any of the other users of the platform in respect of the Feedback.
15. Advertisement: You acknowledge and agree that the platform may contain advertisements third-party products and services. If you elect to have any business dealings with a vendor or other third party whose products or services may be advertised on the platform, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Mortgage Sandbox shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the platform and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the platform. It is your responsibility to ascertain whether any information or materials downloaded from the platform are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
16. Links & Third-Party Websites: This Website (including user content) contains links to other websites that are not owned or controlled by Mortgage Sandbox, such as our Mortgage Broker partners. In no event shall any reference to any third party, third party product or service, including vendor financial products, be construed as an approval or endorsement by Mortgage Sandbox of that third party, third party product or service. Mortgage Sandbox is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Mortgage Sandbox endorses or accepts any responsibility for the content or use of such websites, and you hereby release Mortgage Sandbox from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
While Mortgage Sandbox does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 10 of these Terms of Use. Mortgage Sandbox reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
17. Release: Because we do not supervise or control interactions between Users, and as a result we have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the platform content or Services, you agree that you bear all risk and you agree to release Mortgage Sandbox. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Services, your interactions and transactions with vendors or other users, your third party transactions, and our resolution of any disputes between Users. you further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
18. Disclaimer of Representations, Warranties, and Conditions: The platform, service, Mortgage Sandbox and all materials provided therein are provided "as is." Mortgage Sandbox specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the service is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Mortgage Sandbox does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the platform or in respect to any website that can be reached from a link on the platform or featured in any banner or other advertising on the platform, and Mortgage Sandbox shall not be a party to any transaction that you may enter into with any such third party. Mortgage Sandbox will not be liable for any type of content exchanged by means of the service.
19. Limitation of Liability: Under no circumstances shall Mortgage Sandbox be liable for any indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use this platform, Mortgage Sandbox or the service, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials on the platform, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the platform or Mortgage Sandbox app, or (v) any errors or omissions in any material on the platform or materials provided by third parties, including vendors, and our credit partners, or any other loss or damage of any kind arising from or relating to your use of the platform. These limitations shall apply even if Mortgage Sandbox has been advised of the possibility of such damages. notwithstanding anything to the contrary contained herein, Mortgage Sandbox’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty U.S. dollars ($50) or (b) amounts you’ve paid Mortgage Sandbox in the prior 12 months (if any) the foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
20. Indemnification: You shall indemnify and hold Mortgage Sandbox and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys' fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the service and/or any violation by you of these terms of use.
21. Termination: Mortgage Sandbox may, under certain circumstances and without prior notice, immediately terminate your ability to access the platform or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these terms of use or any other agreement that you may have with Mortgage Sandbox (including, without limitation, non-payment of any fees owed in connection with the platform or otherwise owed by you to Mortgage Sandbox), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the platform (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the platform may also include removal of some or all of the materials uploaded by you to the platform. You acknowledge and agree that all terminations may be made by Mortgage Sandbox in its sole discretion and that Mortgage Sandbox shall not be liable to you or any third-party for any termination of your access to this platform or for the removal of any of the materials uploaded by you to the platform. Any termination of these terms of use by Mortgage Sandbox shall be in addition to any and all other rights and remedies that Mortgage Sandbox may have.
22. Availability & Updates: Mortgage Sandbox may alter, suspend, or discontinue this platform at any time and for any reason or no reason, without notice. The platform, Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Mortgage Sandbox may periodically add or update the information and materials on this platform without notice.
23. Security: Information sent or received over the Internet is generally unsecure and Mortgage Sandbox cannot and does not make any representation or warranty concerning security of any communication to or from the platform or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Mortgage Sandbox will not be liable for any loss or damage arising from your failure to comply with these requirements.
24. Communication and Privacy: We may use your email address to send you messages notifying you of important changes to the Services or special offers. Further, we may contact you by telephone if you voluntarily provide us with your telephone number in order to communicate with you regarding the Services. If you do not want to receive such email messages or telephone calls (including at any wireless number you may have voluntarily provided us), please refer to our Privacy Statement to review your options.
25. General: These Terms of Use, together with any Privacy Policy that may be published on the platform, constitutes the entire agreement between the parties relating to the platform and Service and all related activities. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Mortgage Sandbox to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Mortgage Sandbox must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Mortgage Sandbox’s prior written consent. These Terms of Use are governed by the laws of the Province of British Columbia and the Federal Laws of Canada applicable therein, without regard to conflicts of laws provisions. In the event of any dispute or proceeding the parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of British Columbia, in the city of Vancouver, British Columbia.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Mortgage Sandbox or Service, please contact us at: CustomerService@MortgageSandbox.com