Terms of Use

By using the BrokrBindr product, published by Opus2 Mobile Solutions, you specifically agree with the following Terms of Use.

BrokrBindr Terms of Use

This policy was last updated on 01 October, 2017.

BrokrBindr is a hosted software product (the “Product”) published by Opus2 Mobile Solutions Inc (“Opus2”). The Product is made available through various web pages and is offered to users on the condition that each user accept, without modification, the terms, conditions, and notices contained herein (the “Terms of Use”). By using the Product you agree to be bound by these Terms of Use. Opus2 provides the Product in accordance with these Terms of Use. Please read these Terms of Use carefully, and keep a copy of them for your reference.

Privacy

Your use of the Product is subject to Opus2’s Privacy Policy. Please review our Privacy Policy.

The Product may be used only by persons who have reached the age of majority. In Canada and most states in the USA, that age is 18 years. Opus2 does not knowingly collect, either online or offline, personal information from minor persons.

Electronic Communications

You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Product, satisfy any legal requirement that such communications be in writing. These communications are considered part of the Product. You cannot opt out of receiving these communications. Notices to you may be sent via either email or regular mail.

Registration of Account

In order to use the Product, you must have a valid BrokrBindr account (an “Account”).

To establish an Account, you must provide BrokrBindr/Opus2 with a valid work email address, a full name, a valid phone number and other information. Opus2 reserves the right to cancel, close and/or deny access to any Account whose registrant has provided false, incomplete or misleading information about themselves, their company or their interest in the Product.

You may update your email address or password at any time. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your Account. You may not assign or otherwise transfer your account to any other person or entity.

You acknowledge that Opus2 is not responsible for third party access to your Account that results from theft or misappropriation of your Account. You agree to immediately notify Opus2 of any unauthorized use of your Account or any other breach of security, and ensure that you exit from your Account at the end of each session. You may be logged out of your Account if you are inactive for an extended period of time. If your password is stolen or our Account is otherwise compromised you must immediately notify Opus2 and change your password. Opus2 cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your Account or password.

You represent and warrant that all of the information provided by you to Opus2 is correct and current; and you have all necessary right, power, and authority to enter into these Terms of Use and to perform the acts required of you by these Terms of Use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Opus2 has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Opus2 has the right to suspend or terminate your Account and refuse you access to the Product.

Opus2 offers advanced versions of the Product (such as Agency accounts or Premium accounts). The holder of such an advanced account is authorized to access the subordinate accounts of colleagues at his/her agency (typically but not limited to mortgage brokers and mortgage agents). You acknowlege and accept that the holder of an advanced account may alter, add or delete information from a broker/agent’s account at any time. By using the Product, you accept that the holder of the Agency enjoys that privilege.

Collection of your Personal Information

“Personal Information” means information that identifies you, such as your name, address, location, social insurance number, phone number, fax number, or email address. Personal Information includes financial documents and information that you may upload or otherwise transmit to the Product. This information is used to facilitate certain transactions.

From time to time Opus2 may request additional Personally Identifiable Information to provide you with other benefits of the Product. In all such instances, you will be given the opportunity to provide or to decline to provide that information and it will be used only for the stated purpose.

Storage of Personal Information and documents

Opus2 may establish general practices and limits concerning use of the Product and data storage limits for your use of the Product. Opus2 may modify such practices and limits from time to time without notice.

The Product is not intended as a backup or storage system. You agree to maintain backup copies of all of your Personally Identifiable Information, documents, and communications submitted to the Product. Opus2 shall have no responsibility or liability for the deletion of, the failure to store, or the failure to transmit, any Personal Information, documents, or communications maintained by the Product.

The Product is provided “as is”

Opus2 strives to provide a useful and reliable Product, but there are certain things that we can not guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, OPUS2 AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE PRODUCT. THE PRODUCT IS PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPUS2 OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOSS OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PRODUCT, WITH THE DELAY OR INABILITY TO USE THE PRODUCT OR RELATED PRODUCTS, THE PROVISION OF OR FAILURE TO PROVIDE ACCESS TO THE PRODUCT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE PRODUCT, OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF OPUS2 OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PRODUCT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCT.

THE INFORMATION, SOFTWARE, PRODUCTS, AND FEATURES INCLUDED IN OR AVAILABLE THROUGH THE PRODUCT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OPUS2 OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE PRODUCT AT ANY TIME. NO REQUIREMENT EXISTS FOR OPUS2 OR ITS SUPPLIERS TO ADVISE USERS/SUBSCRIBERS OF SUCH CHANGES.

Indemnification

You agree to indemnify, defend and hold harmless Opus2, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of your use of or inability to use the Product.

You further agree to indemnify, defend and hold harmless Opus2, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses, including reasonable attorneys’ fees, relating to or arising out of any documents or information you upload or download or otherwise transmit through the Product; your violation of any of these Terms of Use; your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. Opus2 reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with Opus2 in asserting any available defenses.

No unlawful or prohibited use

As a condition of your use of the Product, you warrant that you will not use the Product for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Product in any manner which could damage, disable, overburden, or impair the Product or interfere with any other party’s use and enjoyment of the Product.

The Product provides communication features including the uploading and downloading of documents. You agree to use the Product only to upload, download, send and receive documents and information that are proper and related to the Product.

Limitations of use

You agree that you will not:

  • upload, post, email, or otherwise transmit any computer viruses, routines, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • attempt to reverse-engineer or otherwise appropriate the Intellectual Property owned by Opus2;
  • upload, post, email, or otherwise transmit any document or information that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  • upload, post, email, or otherwise transmit any inappropriate, profane, defamatory, infringing, obscene, harassing or threatening documents or information;
  • interfere with or disrupt the Product or networks connected to the Product, or disobey any requirements, procedures, policies or regulations of networks connected to the Product, or otherwise interfere with the Product in any way, including through the use of JavaScript, ActiveX, or other coding;
  • obtain or attempt to obtain any documents or information through any means not intentionally made available or provided for through the Product;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  • download or access any document or information that you know, or reasonably should know should not be be accessible to you;
  • harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • violate any applicable laws or regulations;
  • advertise or offer to sell or buy any goods or Products for any business purpose, unless specifically authorized to do so by Opus2; or
  • exceed the scope of the Product that you have signed up for; for example, accessing and using features that you do not have a right to use or sharing your Account information with other persons.

Opus2 reserves the right to monitor your use of the Product and edit, refuse to post, or to remove any information or documents, in whole or in part. In addition Opus2 may terminate your Account at any time without further warning if it determines that you have violated these Terms of Use or their spirit.

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Product strictly in accordance with these Terms of Use. You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Product or any portion of the Product without the express permission of Opus2.

All content included as part of the Product, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Product, is the property of Opus2 or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of the Product; or create derivative works of the Product. No resale of the Product is permitted without the express written consent of Opus2.

Opus2 reserves the right to cancel any account, without prior notice, if we suspect that the user in question is accessing the Product for inappropriate purposes, in bad faith or will intent to disrupt the operation of the Product.

Third Party accounts

You will be able to connect your BrokrBindr account to third party Products. By connecting your BrokrBindr Account to a third party product, you acknowledge and agree that you are consenting to the continuous release of information about you to that third party in accordance with your privacy settings with those third party products and the terms of service of those third parties. If you do not want information about you to be shared in this manner, do not use these features.

Opus2 encourages you to review the terms of service and privacy policies of any third-party product you connect to your BrokrBindr account so that you can understand how those products collect, use, share, and protect your information. Opus2 is not responsible for the terms of service, privacy policies or other content on or of third party products.

Linked Products

The Product may contain links to other Products (“Linked Products”). The Linked Products are not under the control of Opus2 and Opus2 is not responsible for the contents of any Linked Product, including without limitation any link contained on a Linked Product, or any changes or updates to a Linked Product. Opus2 provides these links to you only as a convenience. The inclusion of any link does not imply endorsement by Opus2 of the Linked Product or any association with its operators.

Termination, cancellation, and refund policy

Opus2 offers a free trial period that you can use to evaluate the Product. After the free trial period, you may cancel your Account at any time, but Opus2 will not provide a prorated refund unless required to do so by law.

Your data is yours. You can remove it anytime you want. When you request that we terminate your Account, your Personal Information including your documents will be permanently expunged from our primary production servers and further access to your Account will not be possible. Opus2 will disconnect your Account from all third party Products. However, there might be some latency in deleting your information and documents from our back-up servers and back-up storage. Opus2 keeps these backups to ensure our continued ability to provide the Product in the event of malfunction or damage to our primary production servers. In addition we may retain certain information or documents if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

Opus2 reserves the right, in its sole discretion, to terminate your access to the Product or any portion thereof at any time, without notice. In the event your access is terminated by Opus2 your Account will be disabled and you will not be granted access to your Account or any document or information hosted by the Product. Opus2 may delete your documents or information.

In the event of termination, Opus2 may also withdraw and at its discretion reallocate the public web address of the Product.

Government and legal requests

Opus2’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Opus2’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Product or documents or information provided to or gathered by the Product with respect to such use. Opus2 reserves the right to disclose any documents or information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Users outside of Canada

The Product is controlled, operated and administered by Opus2 from our offices within Canada. Users from outside of Canada are entirely welcome to employ the Product. If you access the Product from a location outside of Canada, you are responsible for compliance with all local laws in your jurisdiction.

Ontario law applies

To the maximum extent permitted by law, these Terms of Use are governed by the laws of the Province of Ontario. Any dispute arising under or in connection with the Product or these Terms of Use shall be subject to the exclusive jurisdiction of the Ontario provincial courts. You hereby consent to the exclusive jurisdiction and venue of these courts. Use of the Product is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

Not a joint venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Opus2 as a result of these Terms of Use or use of the Product.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

The Product is not designed or licensed for hazardous environments

Without limiting the foregoing, the Product is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

New, modified, and discontinued features

Unless explicitly stated otherwise, any new features that augment or enhance the current Product, including the release of new tools and resources, shall be subject to these Terms of Use. Opus2 may at its sole discretion modify or discontinue features of the Product from time to time without prior notice. You agree that Opus2 shall not be liable to you or to any third party for any modification, suspension, termination, or discontinuation of the Product.

Access through unauthorized means

You agree not to access the Product by any means other than through the interfaces that are provided by Opus2 for use in accessing the Product.

Injunctive relief

You acknowledge that any use of the Product contrary to these Terms of Use, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Product, may cause irreparable injury to Opus2, its affiliates, suppliers, and any other party authorized by Opus2 to resell, distribute, or promote the Product (“Resellers”), and under such circumstances Opus2, its affiliates, suppliers, and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

Any and all rights and remedies of Opus2 upon your breach or other default under these Terms of Use will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or by law or equity on Opus2, and the exercise of any one remedy will not preclude the exercise of any other.

Statute of limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising our of or related to use of the Product or these Terms of Use must be filed within six months after such claim or cause of action arose or be forever barred.

Entire agreement

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Opus2 with respect to the Product and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Opus2 with respect to the Product. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms of Use has been prepared in the English language and such version shall be controlling in all respects. Any non-English version of these Terms of Use is solely for accommodation purposes. The captions and headings appearing in these Terms of Use are for reference only and will not be considered in construing this agreement.

Changes to the Terms of Use

Opus2 reserves the right, in its sole discretion, to change the Terms of use under which the Product is offered. If Opus2 changes these Terms of Use you will be required to agree to them prior to resuming use of the Product. If you choose not to agree to the changes, you may request a prorated refund.

If you have any questions or suggestions about these Terms of Use, or any of our policies and practices, please contact us.