Terms & Conditions

Acceptance of Terms

This web site (the "Site") is operated by EquityLine Mortgage Investment Corporation ("EquityLine"). Throughout the Site, the terms "we," "us" and "our" refer to EquityLine, EquityLine Services Corporation, and EquityLine Financial Corporation. EquityLine offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this Site.

No Representation with Respect to Accuracy and Completeness of Information

EquityLine is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Your Use of the Site

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) is the exclusive property of and owned by EquityLine, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from any material, information, software, products or services obtained from the Site, is expressly prohibited. EquityLine or its licensors or content providers retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in EquityLine's sole discretion. EquityLine neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with EquityLine.

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.

If you do submit material, and unless we indicate otherwise, you grant EquityLine and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that EquityLine is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to EquityLine. You grant EquityLine and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify EquityLine for all claims resulting from content you supply.

Disclaimers

Your use of this Site is at your sole risk. The Site is provided on an "as is" basis.

EquityLine expressly disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Site, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non-infringement.

If you download any material from this Site, you do so at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL EQUITYLINE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER EQUITYLINE NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH EQUITYLINE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND EQUITYLINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold EquityLine harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from and related to your use of the Site.

Copyright Notice

Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of EquityLine and its related companies. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted in any form or by any means whether they be electronic, mechanical, photocopying, recording, or otherwise without prior written permission of EquityLine.

Trademarks

This Site features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to EquityLine and its subsidiaries or its licensors or content providers. All of these Marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of EquityLine or any such third party that may own a Mark displayed on the Site. EquityLine reserves all rights not expressly granted therein and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Links to Third Party Sites

As a convenience to users, this Site may link to other Sites owned and operated by third parties and not maintained by EquityLine. However, even if such third parties are affiliated with EquityLine, EquityLine has no control over these linked Sites, all of which have separate privacy and data collection practices and legal policies independent of EquityLine. EquityLine is not responsible for the contents of any linked Sites and does not make any representations regarding the content or accuracy of material on such Sites. Viewing such third-party Sites is entirely at your own risk.

Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under applicable securities laws. Often, but not always, forward-looking information can be identified by the use of words or phrases such as: “expects”, “anticipates”, “plans”, “estimates”, “projects”, “believes”, “intends”, “likely”, “possible”, “probable”, “scheduled”, “positioned”, “goal”, “objective” or states that certain actions, events or results “may”, “could”, “would”, “might” or “will” be taken, occur or be achieved. In particular, this Site’s forward-looking information concerning: EquityLine’s use of proceeds, payment and of dividends, stability and rate of return on investment, the nature of EquityLine’s mortgage investments, EquityLine’s status as an MIC under the Income Tax Act (Canada). By their nature, forward-looking statements involve numerous assumptions, inherent risks and uncertainties (both general and specific) that contribute to the possibility that the predictions, forecasts, projections and various future events will not occur. A number of factors, many of which are beyond EquityLine’s control, could cause actual results to differ materially from the results discussed in the forward-looking information. Information on these and other risk factors are included under the headings “Forward-Looking Statements” and “Risk Factors” in the Offering Memorandum. Readers should not place undue reliance on forward-looking statements. Forward-looking statements contained herein are made as of the date of the particular web page, and EquityLine disclaims any obligation to update or revise forward-looking statements, except as required by law.

No Offer or Solicitation

The information in this Site does not constitute an offer to sell or a solicitation to invest with EquityLine.

This Site does not provide disclosure of all information required for an investor to make an informed investment decision. Our securities may only be purchased through a registered dealer who can provide you the information you need and assist you in determining whether an investment in EquityLine is suitable for you. EquityLine has prepared an Offering Memorandum for delivery to prospective investors in Canada, which contains important information relating to its securities, including the terms, conditions and risks of an investment in securities of EquityLine and certain rights that you may have. A copy of the Offering Memorandum is required to be delivered to you at the same time or before you sign the agreement to purchase securities in EquityLine. Investors should review the Offering Memorandum with their professional advisors, especially the risk factors relating to the securities offered, before making an investment decision.

This Site is for general information purposes only. Past performance is not a guarantee of future returns. The price of the securities mentioned here and the income they generate may fluctuate and/or be adversely affected by market factors, and investors may incur losses on investments in such securities, including the loss of investment principal. There is no assurance of any return on a shareholder’s investment. An investment in EquityLine is not CDIC insured.

No Advice

Nothing on this Site is intended to constitute investment, financial, legal, tax or accounting advice. Prospective investors resident in Canada should thoroughly review the Offering Memorandum and are advised to consult with their own legal and tax advisors regarding this investment.

Modification

EquityLine may update and change these Terms of Use and/or its Privacy Policy from time to time without prior notice to you. All such changes will be posted on this Site. You must review these Terms of Use and the Privacy Policy each time you use this Site to confirm that you still agree to abide by the terms of each. You agree that by using this Site after changes have been made to these Terms of Use and/or the Privacy Policy you are agreeing to be bound by such changes.

Jurisdiction

EquityLine maintains and operates this Site from its offices in Richmond Hill, Ontario. These Terms of Use are governed and interpreted under the laws of the Province of Ontario. By using this Site, you consent to the jurisdiction of the courts located in Ontario for any action arising from these Terms of Use. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. EquityLine's failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit EquityLine's rights with respect to such breach or any subsequent breaches.

Use Outside of the Canada; Limited Availability

Not all products or services described on this Site may be available to all persons or entities or in all jurisdictions. This Site was created in Canada and complies with local Canadian laws. This Site and/or the services may not comply with legal requirements in foreign countries. Any and all information obtained from this Site is not provided for, and may not be used by, any person or entity in any jurisdiction in violation of applicable laws, rules or regulations.