Term of use

LEGAL DISCLAIMER

CAPITALServ Corporation requires that all visitors to the site adhere to the following

Terms of Use. By accessing the site and any of its pages, you indicate your

acknowledgement and acceptance of the Terms of Use set forth below without limitation

or qualification. CAPITALServ Corporation may revise these Terms of Use at any time

by updating this posting, which revisions will be binding upon all visitors to the site. You

should visit this posting to review these Terms of Use from time to time. For these Terms

of Use, references to CAPITALServ Corporation include its affiliates, directors and

employees.

All products and services offered by CAPITALServ Corporation are only offered in

jurisdictions where they may be lawfully offered for sale. For our credit products, we

refer you to the documentation used in the particular transaction for further information.

The terms and conditions contained in those documents, along with any other terms

and conditions which may in the future exist between you and us shall remain in full

force and effect and shall apply to the relevant product or service.

 

NOT OFFERING ANY FINANCIAL ADVICE SPECIFIC TO YOUR NEEDS

The information contained in the pages of this web site is of a general nature only and is

not intended to provide specific financial, tax, legal or accounting advice for you. You

should not act or rely on the information without first seeking the advice of professionals

who can properly assess whether or not it applies to your own situation.

 

AVAILABILITY OF OUR PRODUCTS AND SERVICES

It is important for you to understand that not all of the products and services described

in the web site are offered to or available to every member of the general public. The

information is not to be construed as an offer or solicitation to buy or sell any investment

or other product, service or information to anyone in any jurisdiction in which an offer or

solicitation is not authorized or cannot lawfully be made or to any person or entity to

which it is unlawful to make an offer.

 

NO WARRANTIES

The information provided in the pages of this website is for informational purposes only.

Although we do our best to make sure this web site is always accessible and functioning

properly, and contains accurate and up to date information, we are supplying it on an

“as is” basis, without warranty of any kind, either express or implied. We cannot and do

not promise that the site will always be available and meet your needs, that access will

never be uninterrupted, that there will never be delays, failures, errors or omissions or

loss of transmitted information, that the software we use will be compatible with your

system, that no viruses or other contaminating or destructive properties will be

transmitted or that no damage will occur to your own computer system. We reserve the

right to change the information, material and content found in the pages of this site,

including these Terms of Use, at any time without notice, by simply updating this site.

You agree to review these Terms periodically, and your continued use of this site will tell

us that you have agreed to the changes.

 

TRADE MARKS AND COPYRIGHT

Product names, words, titles, phrases, logos, icons, certain names, logos, icons,

graphics or designs or other content in the pages of the web site are trade names or

trade-marks or service marks of CAPITALServ Corporation and our affiliates, the use of

which may have been licensed to them. The display of trademarks on pages at this

website does not imply that a license of any kind has been granted to anyone else. Any

unauthorized downloading, re- transmission, or other copying or modification of

trademarks and/or the contents herein may be a violation of federal or common law

trade mark and/or copyright law(s) and could subject the copier to legal action.

All information found in the pages of this website is protected under the copyright laws

of Canada and in other countries. Unless otherwise specified, no one has permission to

copy, redistribute, reproduce or republish, in any form, any information found in the

pages of this website.

If you are interested in establishing a link from your website to our home page, or if you

wish to incorporate CAPITALServ Corporation, our name, or our product names within

another site, please contact us for permission. Inquiries about permission should be

directed to:

 

CAPITALServ Corporation

1020 Bayridge Dr.

Kingston, ON K7P 2S2

[email protected]

 

INTERNET E-MAIL

Any unprotected E-mail communication over the Internet is, as with communication via

any other medium (e.g. cellular phones, post office mail), subject to possible

interception or loss, and is also subject to possible alteration. If you do communicate

with us by means of e-mail, we will assume, unless you advise us otherwise, that you

consent to our using the information you have sent to us, including your e-mail address,

for the purpose of developing and sending an appropriate response to your

communication, and disclosing it to such other advisory parties as we deem appropriate

for that purpose.

 

NO ENDORSEMENTS

Links to websites outside CAPITALServ Corporation are meant for convenience only.

No endorsement or approval of any third parties (other than persons or entities with

which CAPITALServ Corporation has a distribution arrangement to provide products

and services), or their advice, opinions, information, products or services, is expressed

or implied by any information contained on the pages of this web site, including Links to

their own web sites. If you use the Links to access other Internet resources or web sites,

you do so at your own risk. We do not investigate, verify, or monitor these Links.

 

CONFIDENTIALITY AND SECURITY

Our website supports browsers that use 128-bit encryption. Encryption is a means of

scrambling information for transmission, in this case, between your PC and our

computing systems. Information that is encrypted at one end is decrypted (decoded)

upon receipt at the other end.

128-bit encryption is the strongest, most secure form of encryption that is generally

available in Internet browsers on the market in North America today. CAPITALServ

Corporation requires that its customers use 128-bit encryption when conducting

financial transactions over the Internet.

Notwithstanding the above, CAPITALServ Corporation does not guarantee the

confidentiality of any communications made by you via e-mail or otherwise through our

websites. If you wish to provide information of a confidential or sensitive nature to

CAPITALServ Corporation, please contact us directly by telephone at 905-320-5538 to

arrange for delivery/transmission of such information by secure means.

 

PERSONALIZED OFFERS AND WEB ANALYTICS

We also automatically collect information when you visit our website in order to

customize your experience. For example, we collect information about what site referred

you to our website, your browser type, operating system type and version, language,

and your Internet Protocol (“IP”) address. We also collect information about how you

browse through our website, including logging the pages you visit and the amount of

time you spend on certain pages. We use this information for a number of technical

purposes to ensure that our pages load correctly in your browser, as well as to

personalize our offers to you. We also use this information to improve our website. For

example:

1. we use IP addresses to correct pages for your geographical location;

2. we log the frequency of visits to certain pages on our website and how visitors

navigate through our website in order to detect problems, improve our website

and learn about what products and services are of interest to our customers;

3. we use information about products that you have clicked on to make suggestions

about other products or services that you might be interested in viewing; and

4. we track whether certain types of promotional e-mails were opened by you and

whether you sought information about a particular product or service in order to

make inferences about other products and services you might be interested in.

 

YOUR AD CHOICES: INTEREST-BASED ADVERTISING

Our website uses small pixel files (small images) and cookies (small text files) to keep

track of your browser so that you will be recognized when you visit other websites

where our third-party ad management providers may show you advertisements from us

based on your visit to our website. Some of these advertisements may be customized to

particular products and services that you viewed or they may be based on inferences

about products and services that you might be interested in. This is called “interest-

based advertising”.

These pixel files and cookies are generally valid for a limited number of days (usually no

more than 90 days) and are provided by our ad management providers. We require our

ad management providers to participate in the Digital Advertising Alliance of Canada’s

Ad Choices Program. Visit the Digital Advertising Alliance of Canada’s Your Ad Choices

website where you can find out more information about digital advertising and how you

can opt-out of interest-based advertising.

Please note that if you opt-out of interest-based advertising you may still see

advertisements from us on other websites. However, they will not be customized based

on your browsing history on our website. In addition, we will continue to customize our

offers of products and services to you when you are on our website unless you block

cookies from our website.

 

INDEPENDENT BUSINESSES/LINKS TO THIRD PARTY SITES

From time to time, websites and communications from CAPITALServ Corporation and

our affiliates, nominees, and third parties, which include emails, texts, chats and

messages, may also include advertisements for products and services offered by

independent businesses; or contain links to websites, webpages, social media, and

online platforms operated by independent businesses. CAPITALServ Corporation and

our affiliates, nominees, and third parties have no responsibility for, liability for, or control

over those other websites, webpages, social media, mobile and online services; for the

businesses, their products or services; or for their collection, use, disclosure or retention

of your personal and other information. This Privacy Code does not apply to the

collection, use, disclosure and retention of your personal information by websites,

webpages, social media, mobile and online services of these independent businesses.

If you have questions about how these independent businesses collect, use, disclose or

retain personal information, please contact that business.

 

HOW DO WE PROTECT YOUR PERSONAL INFORMATION?

We take administrative, technical and physical measures to safeguard your personal

information against unauthorized access, unauthorized disclosure, theft and misuse.

This includes limiting access of employees to, and the use of, your personal information

through the use of passwords and graduated levels of clearance. We do not publish all

of our security measures online because this may reduce their effectiveness. We take

physical precautions to ensure that the computer servers on which your personal

information is stored and archived are secure and that access to such servers is

protected. We educate our employees with respect to their obligations to protect your

personal information

Although we take precautions against possible breaches of our security systems, no

company can fully eliminate the risks of unauthorized access to your personal

information and no website is completely secure. We cannot guarantee that

unauthorized access, hacking, data loss or breaches of our security systems will never

occur. Accordingly, you should not transmit personal information to us using our website

if you consider that information to be sensitive.

 

TERMINATION

We reserve the right, in our sole discretion, to terminate your access to the site or any

portion thereof, and any related services available on the site at any time, without

notice.

 

APPLICABLE LAW

These Terms of Use will be governed by the laws of the Province of Ontario and the

federal laws of Canada applicable therein.

 

VIOLATIONS OF TERMS OF USE

CAPITALServ Corporation reserves the right to seek all remedies available at law and in

equity for violations of these Terms of Use, including the right to block access from a

particular Internet address to the site.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAPITALSERV

CORPORATION FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING

LEGAL FEES AND EXPENSES ON A SOLICITOR AND CLIENT BASIS RELATED TO

YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES

AND INFORMATION PROVIDED AT THE SITE.