Terms of Use

Introduction

Cosign Financial provides its application available at cosignfinancial.com and the application available thereon (collectively, the “Application”). The content of the Application is owned by Cosign Financial and available to you subject to the Terms of Use set out here. Access to and use of the Application is subject to these Terms of Use. These Terms of Use apply to the Site and the Application (together, the “Site”).

For the financial services and products, a separate agreement will be required for any actual financial or other products you receive. The terms contained in such an agreement will govern those services or products. If there is a conflict between these Terms of Use and such separate agreement, the separate agreement will govern. By using our Application, you agree that you have read and accept these Terms of Use, which form a binding contract between you and Cosign Financial.

You may contact us at: security@cosignfinancial.zendesk.ca | Tel: +1 (877) 700-0507 | Address: 1122 3 St SE Ste 1906, Calgary, AB, T2G 0E7

1 Consent to These Terms

You must read, agree with, and accept all of the terms and conditions contained in these Terms of Use before you may use the Application. By accessing or using any part of the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use the Application.

Continued use of the Application following notice of any change to these Terms of Use shall constitute your acceptance of the changes. Any financial products or services that may be provided to you through the Application will be subject to separate terms and conditions, including any applicable loan agreements, disclosure statements, or consumer credit agreements.

2 Updates to the Terms

Cosign Financial may at its sole discretion update, modify, or replace any part of these Terms of Use at any time. Where required by applicable law, Cosign Financial may provide you with notice of changes to these Terms of Use by email or by another method of communication. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of or access to the Application following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

3 Use of the Site

3.1 License

Subject to these Terms of Use, Cosign Financial grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Application. This license does not include the right to: use the Application for commercial purposes; resell, or make any derivative use of the Application or its contents; collect or use any product listings, descriptions, or prices; make any derivative use of the Application or its contents; download or copy account information for the benefit of another party; or use data mining, robots, or similar data gathering and extraction tools on the Application.

Any use of the Application other than as specifically authorized herein, without the prior written permission of Cosign Financial, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including intellectual property laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Cosign Financial.

3.2 Eligibility

Use of the Application is only available to residents of Canada who have reached the age of majority in their province or territory of residence. By using the Application, you represent and warrant that you meet these requirements.

4 Account

4.1 Creation

You may need to create an account to access certain features of the Application. When you create an account, you agree to provide accurate, current, and complete information. You agree to update this information as necessary to keep it accurate, current, and complete. Cosign Financial reserves the right to refuse registration of, or cancel an account, in its sole discretion.

4.2 Confidentiality

You are responsible for safeguarding the password that you use to access the Application and for any activities or actions under your account. You agree to notify Cosign Financial immediately of any unauthorized use of your account by emailing security@cosignfinancial.zendesk.ca. You must use a unique, secure password for the Application and must not use the same password for the Application that you use for other online services.

5 Prohibited Use

5.1 Prohibited Conduct

You agree that you will not, in connection with your use of the Application, engage in any conduct that:

• Violates any applicable law or regulation, including laws and regulations of your province, territory, or country of residence, and any other applicable jurisdiction;
• Involves accessing the Application if you are under the age of majority in your province or territory of residence;
• Damages, disables, overburdens, or impairs the Application;
• Attempts to gain unauthorized access to any part of the Application or its related systems or networks;
• Interferes with or disrupts the security of the Application;
• Introduces viruses, Trojan horses, worms, keystroke loggers, spyware, adware, or other harmful or malicious code to the Application;
• Uses any automated process or service to access or use the Application, including bots, spiders, scrapers, or crawlers;
• Modifies, decompiles, reverse-engineers, or disassembles any portion of the Application;
• Attempts to or launches a denial-of-service attack against the Application or related servers and networks;
• Copies, reproduces, or distributes any portion of the Application without authorization;
• Harvests or otherwise collects Personal Information about any other person through the Application without their consent;
• Violates or infringes another party's rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
• Contains content that is defamatory, threatening, abusive, or hateful;
• Is fraudulent, deceptive, or misleading; or
• Otherwise breaches these Terms of Use.

5.2 Access to Site

Cosign Financial reserves the right to limit, suspend, or terminate your access to the Application at any time and for any reason without notice or liability to you.

5.3 No Spam, Spyware, or Spoofing

You may not use the Application to send unsolicited communications (spam) to any person. Your use of the Application must comply with the Canadian Anti-Spam Legislation (“CASL”) and any other applicable anti-spam laws and regulations. You may not use the Application to distribute spyware, adware, or other malicious software, or to engage in phishing, spoofing, or similar deceptive activities.

5.4 Security

Violations of system or network security may result in civil or criminal liability. Cosign Financial will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

6 Accuracy of Content

The Application and its content are provided “as is” and may not be complete or up-to-date. Content on the Application may be inaccurate, incomplete, or not current. If you find a problem with the content of the Application, please let us know at security@cosignfinancial.zendesk.ca.

7 Intellectual Property Rights

7.1 Content and Intellectual Property

All content included on the Application, including text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Cosign Financial or its content suppliers and is protected by Canadian and international intellectual property and copyright laws. The compilation of all content on this Site is the exclusive property of Cosign Financial, with copyright authorship for this collection by Cosign Financial. All trademarks, service marks, trade names, trade dress, and other forms of intellectual property displayed on the Application are proprietary to Cosign Financial or its licensors.

7.2 Trademarks

Cosign Financial’s trademarks may not be used in connection with any product or service that is not Cosign Financial’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cosign Financial. All other trademarks not owned by Cosign Financial or its subsidiaries that appear on the Application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cosign Financial or its subsidiaries.

7.3 Reservation of Rights

Cosign Financial reserves all rights not expressly granted in these Terms of Use. Nothing in these Terms of Use shall be construed as granting any license or right to use any intellectual property right of Cosign Financial.

8 User Content

8.1 Prohibitions

You may not upload, post, or transmit User Content that: is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; infringes any patent, trademark, trade secret, copyright, or other proprietary rights; contains software viruses or any other malicious code; is commercial in nature; or is intended to provide a backup or archival function.

8.2 Licence

By posting User Content to the Application, you grant Cosign Financial a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such User Content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.

8.3 Removal

Cosign Financial reserves the right to remove User Content at any time without notice to you.

9 Privacy

Your use of the Application is also governed by our Privacy Policy, the terms of which are incorporated into these Terms of Use by this reference. By using the Application, you acknowledge and agree to the terms of the Privacy Policy.

10 Inbound and Outbound Links

10.1 Outbound Links

Links on the Application may lead to other websites or services not operated or controlled by Cosign Financial. These links are provided for your convenience and reference only. Cosign Financial does not control such websites or services and is not responsible for their content, privacy policies, or practices. The fact that the Application offers such links should not be construed as an endorsement, authorization, sponsorship, or affiliation by Cosign Financial with respect to any third-party website or its owner.

10.2 Inbound Links

Linking to the Application is prohibited without the prior written consent of Cosign Financial, except for links: (a) that simply go to the Application’s home page; and (b) that do not use the Cosign Financial trademarks or logos. Cosign Financial reserves the right to require you to immediately remove any link to the Application at any time and you agree to immediately comply with any such request.

Specifically, the following is prohibited without Cosign Financial’s express written permission: linking to the Application from a website that contains content that could be construed as distasteful, offensive, or controversial; framing or using other techniques that alter the visual presentation of the Application; implying that Cosign Financial endorses your website or any of its content; or using Cosign Financial’s marks in the linking website’s domain name, URL, or other identifiers.

11 Disclaimer and Limitation of Liability

11.1 Disclaimer

THE APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COSIGN FINANCIAL MAKES NO WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVER(S) THAT MAKES THE APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSIGN FINANCIAL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE THE APPLICATION. UNDER NO CIRCUMSTANCES WILL COSIGN FINANCIAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APPLICATION OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COSIGN FINANCIAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APPLICATION; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATION BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APPLICATION; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

11.3 Indemnity

You agree to defend, indemnify, and hold harmless Cosign Financial and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or intellectual property right; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account.

11.4 Reservations

Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited under applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by wilful acts, negligence, breach of contract, or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations that are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

12 General

12.1 No Agency

No agency, partnership, joint venture, franchise, or employment relationship is created as a result of these Terms of Use, and you may not make any representations on behalf of or bind Cosign Financial in any manner.

12.2 Notices

You may give notice to Cosign Financial by contacting us via email at security@cosignfinancial.zendesk.ca.

12.3 Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law provisions. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the courts located in Edmonton, Alberta, Canada.

12.4 Additional Terms

Cosign Financial may offer additional services or products that are governed by additional terms. If you choose to access these services or products, you will be asked to agree to the additional terms. These Terms of Use will continue to apply to your use of the Application.

12.5 Term and Termination

These Terms of Use commence on the date you first access the Application and continue until terminated. Cosign Financial may terminate these Terms of Use at any time by providing notice to you. If you violate these Terms of Use, your permission to use the Application automatically terminates. Upon termination, you must immediately cease use of the Application and delete any downloaded or printed excerpts from the Application.

12.6 Interpretation

Wherever the singular is used in these Terms of Use, the same shall be construed as meaning the plural if the context requires unless otherwise stated. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Cosign Financial’s failure to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

12.7 Communication

You agree that all notices, agreements, disclosures, and other communications that Cosign Financial provides to you electronically (by email or through the Application) satisfy any legal requirement that such communications be in writing. You agree that Cosign Financial may send you electronic communications from time to time. Send any concerns or questions about electronic communications to security@cosignfinancial.zendesk.ca.

12.8 Contact Us

If you have any questions about these Terms of Use, please contact us: