Terms of Use

BY ACCESSING ANY OF THE WEBSITES OR MOBILE APPLICATIONS (COLLECTIVELY, HEREINAFTER "WEBSITE" OR "WEBSITES") OPERATED BY FIT BROKER SERVICES LTD. (“FIT”), YOU, THE USER, AGREE TO BE BOUND BY ALL OF THE TERMS FOR USE AND AGREES THESE TERMS CONSTITUTE A BINDING CONTRACT BETWEEN THE USER AND FIT.

THESE TERMS OF USE APPLY TO ALL USERS, EXCEPT TO THE EXTENT THAT FIT HAS DEVELOPED SPECIFIC POLICIES.

CAREFULLY READ THE FOLLOWING TERMS AND CONDITION. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. BY CLICKING ON THE “ACCEPT” BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON OR LEAVE THE WEBSITE.

  1. OUR OBLIGATIONS
    Upon execution of this Agreement, Fit will:
    1. permit You to view listing and financial information provided to us by brokers representing the personal and confidential information of individuals and businesses;
    2. provide You with ongoing updates to the listings as Fit consider needed. In each such case, Fit will automatically provide the necessary updates and will notify You when the update has been complete; and
    3. permit you to download information relating to a listing on the website.
  2. LENDER OBLIGATIONS
    1. The Lender will participate in Fit’s screening process as a condition precedent to Fit providing the services contemplated by this Agreement.
    2. The Lender will only access the information provided regarding deals in the manner specified by Fit.
    3. The Lender agrees that the information provided by Fit is to be utilized solely to assist in completing financing transactions submitted by the Originating Broker. The Lender agrees that they will not contact the client or other stakeholders involved in the transaction without the express written permission of Fit and the Originating Broker.
    4. The Lender authorises Fit to list the Lender on the website and any other site owned by Fit.
  3. BROKER OBLIGATIONS
    1. The Broker agrees to retaining the services of Fit on an exclusive basis to assist in the placement of financing a specific transaction.
    2. The Broker commits to exercise due diligence in ensuring that all information collected and provided to Fit is accurate and truthful.
    3. The Broker confirms that they have obtained a Mortgage Broker Mandate, signed by their client, and this brokerage agreement will show Fit, is a co-broker and co-brokerage fees paid to Fit are shown separately as required by law.
    4. The Broker agrees to abide by the terms and conditions of the Co-Broker Agreement.
    5. The Broker will supply Fit with copies of the Commitment Letter and the necessary documents upon closing in order that both the Broker and Fit be in compliance with their applicable Provincial Mortgage Acts.
    6. The Broker agrees that it is mutually understood that a state of non-circumvention shall apply to all clients and lenders for a period of 2 years, unless permission is given and accepted in writing by both parties.
  4. COPYRIGHT AND MARKS
    1. This website/database is a copyright-protected work which is owned by Fit. Part of the contents of this website/database, including all listings and related information, images and photographs (collectively, "Listing Content"), are also protected by copyright, which is owned by the Fit members who supplied the content and/or by third parties, and is reproduced in this website/database under license. The contents of this website/database, including the Listing Content, are intended for the private use. The website design and presentation of information, including any documentation, media, packaging and illustrations, is copyrighted and constitutes Fit’s valuable property. You will have a right to copy the materials, provided copyright notices and acknowledgement of trade-marks are included, pursuant to the covenants herein.
    2. Users may, subject to these Terms of Use, print or otherwise save individual pages for private use. However, the contents of this website/database, including the Listing Content, may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include "screen scraping", "database scraping" and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by, or displayed on the Fit websites.
  5. TITLE
    1. You acknowledge that the information provided on this website, including any associated written materials and other documentation provided under this Agreement, belongs exclusively to Fit. You agree to protect the information from unauthorized use, reproduction, distribution or publication in electronic or physical form.
  6. WARRANTY AND INDEMNITY
    1. Warranty. Fit warrants that we are the owner of the website, and have the right and authority to grant the access to the Listing Content. We do not warrant, guarantee, accept any condition or make any representation that the Listing Content will meet your requirements or that the use of the Listing Content will be accurate or error-free. No other verbal or written information provided by Fit will create a warranty or in any way increase Our liability, and you will not rely on such information.
    2. Disclaimer. There are no warranties for services. We make no express representations or warranties, or accept any conditions except those expressly stated in sections 5(a) above. We disclaim all other representations, warranties and conditions, express or implied including, without limitation, implied warranties or conditions or merchantability and fitness for a particular purpose. Some provinces do not permit the exclusion of certain implied warranties or conditions. Therefore, the forgoing disclaimers may not apply to you.
  7. LIMITATION OF LIABILITY AND REMEDIES
    1. Limitation of Liability. In no event will we be liable for any losses or damages incurred by you, whether direct, indirect, incidental, special, exemplary or consequential, including lost or anticipated profits, savings, interruption to business, loss of business opportunities, loss of business information, the cost of recovering such lost information, the costs of recovering such lost information, the cost of substitute intellectual property or any other pecuniary loss arising from the use of, or the inability to use, the Listing Content regardless of whether you have advised us or we have advised you of the possibility of such damages. Our aggregate liability in respect of any and all claims will; be limited to One Hundred ($100.00) Dollars. The foregoing limitations apply regardless of the cause or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract (including fundamental breach or breach of a fundamental term).

      Neither you nor we may substitute any action in any form arising out of this agreement more than one (1) year after the cause of action has arisen. Some provinces do not allow the exclusion of limitation or incidental or consequential damages so the above exclusions may not apply.

    2. Dispute Resolution. You acknowledge that Fit possess valuable confidential and proprietary information, including trade-marks and business practices, which would be damaging to Fit if revealed in open court. You further acknowledge and agree that it is preferable to resolve all disputes between Fit and yourself confidentially, individually and in an expeditious and inexpensive manner. You accordingly acknowledge and agree that private dispute resolution is preferable to court actions. Before commencing any arbitration in the manner set out in the section below, you shall first attempt to resolve any dispute or differences between the both of us by way of good faith negotiation. The good faith negotiation shall commence by each of us communicating our position regarding the complaint, claim, dispute or controversy to the other party, and how the both of us should resolve the dispute. You shall then make good faith efforts to negotiate a resolution of the claim, dispute or controversy. Neither Fit nor you shall commence any arbitral proceedings unless and until the good faith negotiation fails.
    3. Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims capable in law of British Columbia being submitted to binding arbitration) against Fit, our agents, employees, officers, directors, successors, assigns or affiliates (collectively, for purposes of this paragraph, “Licensor Group”) arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Licensor Group’s advertising or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the Provincial Arbitration Board under its Code of Procedure and any specific procedures for the resolution of small claims and/or consumer disputes then in effect. The arbitration will be limited solely to the dispute or controversy between you and Licensor Group. Any award of the arbitrator(s) shall be final and binding on each of us, and may be entered as a judgment in any court of competent jurisdiction.
  8. SUCCESSORS AND ASSIGNS
    1. You may not assign your rights and duties under this Agreement to any party at any time. This Agreement will enure to the benefit of and will be binding on Fit and our respective successors and permitted assigns. In the event of corporate merger, amalgamation, divestiture or asset sale, Fit will have the right to transfer and assign our rights and obligations hereunder to any third party (the “Assignee”), upon written notice to you, provided that Fit cause the Assignee to agree in writing to all the terms contained in this Agreement.
  9. UPGRADES
    1. Other than our obligation under Section 2, Fit shall have no other obligations to provide updates or support services to you. Obligations or expectations with regard to product upgrades, enhancements, support or remedies for errors, defects or deficiencies will be limited to this Agreement. We will use reasonable efforts to provide ongoing support and remedies to identified errors and defects, on a time and material basis.
  10. CONFIDENTIALITY
    1. Confidentiality. You acknowledge that the existence of this Agreement, the terms and conditions hereof, the transactions contemplated hereby and other information, including, without limitation, customer, technical and financial information that you have received or will receive in connection with this Agreement, is considered private and confidential (the “Confidential Information”). You will use reasonable diligence and in no event less than the degree of care which we use in respect to our own confidential and proprietary information of like nature, to prevent the unauthorized disclosure, reproduction or distribution of such Confidential Information to any other individual, corporation or entity. Such Confidential Information will exclude:
      1. Information that is already in the public domain;
      2. information already known to the receiving party, as of the date of the disclosure, unless the receiving party agreed to keep such information in confidence at the time of its original receipt;
      3. information hereafter obtained by the receiving party, from a source not otherwise under an obligation of confidentiality with the disclosing party;
      4. information that the receiving party is obligated to produce under order of a court of competent jurisdiction, provided that the receiving party promptly notifies the disclosing party of such an event so that the disclosing party may seek an appropriate protective order.
  11. TERMINATION OF AGREEMENT
    Without prejudice to the acquired rights of Fit, the Lender or the Broker, this Agreement will terminate:
    1. Upon the bankruptcy or insolvency of either party;
    2. (b) Upon notice by you to Fit;
    3. (c) Immediately upon termination of this Agreement Fit will:
      1. Remove the Lender’s services and name from Fit’s website and other promotions; and
      2. Cease all marketing activities on behalf of the Lender.
  12. NOTICES
    Any notices required hereunder will be delivered to the parties as follows:
    If to Fit:
    2750 Beachmount Crescent, Kamloops, BC V2B 0E6

    If to the Lender:
    To the address provided to use during your enrollment process to the Fit website.

  13. MISCELLANEOUS
    1. This Agreement will not be assigned without the written consent of both parties.
    2. This Agreement is the entire Agreement between Fit and/or the Lender/Broker regarding the subject matter of this Agreement and no promises, representations, understandings or contracts, whether oral or written, exist between the Parties with respect to the matters set out in this Agreement, except as expressly set out in this Agreement.