Terms of Use
Last updated: January 10, 2024
Our Platform
The contents of the website at https://clay.financial and the web application at https://app.clay.financial (collectively, the “Platform”) are published by Clay Financial Inc. and its affiliates (“Clay”, “we” or “us”).
Your acknowledgement and acceptance
By accessing the Platform, you acknowledge these terms and conditions of use and agree to be bound by them. If you do not agree to these terms, please discontinue accessing the Platform immediately.
Modifications
We reserve the right, in our sole discretion, to modify, alter or otherwise update these terms and conditions at any time and you agree to be bound by such modifications, alterations or updates.
Interpretation
The descriptive headings contained in these terms of use are included for convenience of reference only and shall not affect in any way the meaning or interpretation of these terms of use.
General information
This Platform is only intended to provide you with general information and is neither an offer to sell nor a solicitation of an offer to purchase any financial product or service and may not be relied upon as advice regarding any financial product or service.
Not legal, accounting, financial or tax advice
Information and commentaries on the Platform are not intended to provide legal, accounting, financial or tax advice, and should not be relied upon in that regard. Please consult with your professional advisors with respect to your particular circumstances.
No representations or warranties
The Platform is provided on an “as is” and “as available” basis, without any representations, warranties or conditions of any kind, whether expressed or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by Clay to the fullest extent permitted by law.
No liability for any loss or damages
Every effort has been made to ensure that the material contained on the site is accurate at the time of publication. However, Clay will not under any circumstances be liable to you or any other person in any way for any loss or damages (direct, indirect, special, economic, incidental, consequential, punitive or exemplary, including without limitation loss of revenue, data, anticipated profits or lost business) in respect of use of, or inability to use, or any reliance on, the Platform, any of its content or links (including without limitation any inaccuracies or viruses), or any web browser or other equipment.
Indemnification
By accessing the Platform, you agree to indemnify and hold harmless Clay and its agents, suppliers and their respective directors, officers and employees from and against any and all actions, proceedings, costs, claims, liabilities, damages and expenses (including reasonable legal fees) arising from or in connection with a breach of these terms and conditions or the use of this Platform by you.
Our content
The contents of the Platform are protected by applicable copyright and trademark laws. Unauthorized use or exploitation of such content is strictly prohibited including without limitation, unauthorized downloading, retransmission, storage in any medium, copying, redistribution, reproduction, or republication of the Platform, or any part thereof, for any purpose.
Your content
You retain ownership of information that you provide to us on the Platform. By providing this information, you grant us a non-exclusive, royalty-free licence to use this information to provide you with our products and services, including but not limited to underwriting, originating and servicing any agreements with us.
Hyperlinked content
Other sites accessed by hypertext appearing in the Platform may have been independently developed by parties other than Clay. Clay does not guarantee the accuracy of information contained in such other sites.
Links to other sites should not be taken as Clay’s endorsement or approval of such other sites, the third parties named therein, or their products and services, nor is any liability assumed for incompatibility, non-suitability, viral infection or other destructive/disruptive components on or from such other sites.
Acceptable use
The Platform is intended for homeowners in Canada seeking information about and applying for our products and services. By accessing the Platform, users agree to engage honestly and in good faith, without any ulterior commercial motive. This includes but is not limited to the submission of accurate and truthful information in applications and interactions on the Platform.
Additionally, prospective and current referral partners, investors, regulators and other interested parties are welcome to use the Platform to learn more about our products and services, provided their usage aligns with the intended purpose of these terms of use.
All users, including homeowners, referral partners, investors, regulators and other interested parties, are expected to abide by these terms and engage with the Platform in a manner consistent with the values of transparency, integrity and compliance with applicable laws and regulations.
Termination
We may, in our sole discretion, terminate your access to the Platform if we believe your use of the Platform has not complied with the acceptable uses described immediately above or you have engaged in prohibited conduct as described in the following two sections.
Prohibited persons
You are prohibited from accessing the Platform if you are located in a country that is subject to a Canadian or U.S. government embargo or has been designated by the Canadian or U.S. government as a “terrorist supporting” country, you are listed on any Canadian or U.S. government list of prohibited or restricted parties, or you use the Platform in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including any person on government sanctions lists.
Prohibited conduct
Using or attempting to use the Platform in a manner that violates any laws or infringes on the rights of Clay or any third party is strictly prohibited.
Framing, mirroring, scraping or data-mining the Platform or any of its content in any form and by any method is strictly prohibited.
Violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform is strictly prohibited.
Copying, reproducing, modifying, translating, distributing, transferring, selling, publishing, broadcasting, performing, transmitting, licensing or circulating in any form any part of the Platform is strictly prohibited.
Creating derivative works based on the Platform, in whole or in part, reverse-engineering or otherwise exploiting any part of the Platform is strictly prohibited.
Uploading or transmitting through the Platform any information, text, images, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by Clay in its sole discretion, is strictly prohibited.
Electronic transmission of information
Clay cannot guarantee complete confidentiality or security for information that is transmitted electronically. By accessing the Platform, you acknowledge that Clay is not responsible for any damages or losses you may suffer as a result of your electronic transmission of confidential or sensitive information to us. Please refer to our Privacy Policy for more information.
No consent or waiver to continuing breach or default
No consent or waiver by either party to, or of any breach or default by, the other party in its performance of its obligations under these terms of use will be deemed or construed to be a consent to, or a waiver of, a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing.
Severability
If any provision of these terms of use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms of use and shall not affect the validity and enforceability of any remaining provisions.
Conflict
These terms of use may not be the only agreement between you and us. To the extent there is a conflict between these terms of use and any other agreement between you and us, the terms of such other agreement or agreements shall prevail.
Governing law and jurisdiction
These terms of use are governed by the laws of Ontario and the federal laws of Canada applicable therein, excluding any conflict of laws which would lead to the application of any other laws. By accessing the Platform, you hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts located in the City of Toronto, Ontario for any disputes or matters arising from, connected with, or relating to the Platform, these terms of use or any related matters.