TERMS AND CONDITIONS

These terms and conditions govern the use of myassistantalex.com. This Site is owned and operated by Alex Technologies Inc. This Site is an ecommerce/application website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property

All content published and made available on our Site is the property of Alex Technologies Inc. and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions

The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Accounts

When you create an account on our Site, you agree to the following:

1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
3. Payment card authorization-Alex Technologies Inc may seek pre-authorization of a mortgage professional’s payment card account prior to your purchase of the services in order to verify that the card is valid and has the necessary funds or credit available to cover your purchase. You authorize such payment card amount described on the subscription page and authorize Alex Technologies Inc. to charge all sums described in these terms to such card account. You agree to provide Alex Technologies Inc updated information regarding your payment card account upon Alex Technologies Inc request and any time the information earlier provided is no longer valid.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Subscription

These Terms and Conditions govern the sale of goods available on our Site. The following goods are available on our Site: - Subscription. These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions

Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your subscription, please follow these steps:
We require a 30 Day notification and cancel period with written description, date and identification.
sales@myassistantalex.com

Payments

We accept the following payment methods on our site:
Stripe which includes Mastercard/Visa/Debit

Representations, Warranties and Covenants

You acknowledge and agree that:

1. you are 18 years old or older;
2. you have the authority to bind yourself, or such other party which you may be representing, to our Terms;
3. your use of the Service shall only be for purposes that are permitted by these Terms, and
4. you will comply with all applicable laws, including regulatory requirements and government orders of any kind applicable to your use of the Service and handling of Client data.

You promise that you shall not directly or indirectly:

1. take any action, including placing statements, logos or trade-marks, which gives the impression to a person that another party created the Services we provide;
2. register for more than one account when using our Service;
3. reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms in any part of the Service;
4. use or allow the use of the Service for any purpose other than what is authorized by us;
5. damage, disable, overburden or impair any part of the Services, including our servers or network, or interfere with any other party’s use and enjoyment of the Service;
6. access the Service in order to build a commercially available product or service which competes with the Service;
7. copy any features, functions, integrations, interfaces or graphics which are part of the Service;
8. violate any laws;
9. make statements, on any part of the Service on any topic associated with us, which could reasonably be considered false or misleading;
10. willfully tamper with the security of the Service, including attempting to probe, scan or test the vulnerability of the Service or to breach its security or authentication measures;
11. transmit any information, through the Service in any other manner, which may be: (i) unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane; (ii) in violation of a third party’s rights in inventions, discoveries, or improvements (whether patented or able to be patented and whether or not reduced to practice), including patents, patent applications, certificates of invention, utility models, continuations, continuations-in-part, provisions, divisions, reissues, renewals, re-examinations and extensions thereof, trade secrets, know-how, designs, methodologies, processes, rights in data, and similar rights; the protection of works of authorship or expression and copyright (whether or not registered), trademark, trade names, service marks, logos, domain names and trade dress; and similar rights under any laws or international conventions throughout the world, whether now existing or hereafter arising or developed, including the right to apply for registrations, certificates, or renewals with respect thereto, the rights to prosecute, enforce, and obtain damages (“Intellectual Property Rights”) or is subject to Intellectual Property Rights; (iii) refutes or is contrary to what is set out anywhere in the Service; (iv) is considered “spam” (including machine or randomly-generated, constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling); (v) contains or installs any viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the function of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and (vi) violates the privacy of any third party; or
12. attempt to gain unauthorized access to the Service or our computer systems or networks through hacking, password mining or any other means.

We reserve the right to investigate and prosecute, to the fullest extent of the law, any violation of the above. We may suspend, modify or terminate your use of the Service immediately at our sole discretion.

Rights and Ownership

Rights in our Intellectual Property.
Alex Technologies Inc and its licensors own all Intellectual Property Rights in the Service including applicable copyrights, patents, trademarks and other proprietary rights. Other than usage rights, you don’t have any rights of any kind in our Service. Our Terms do not transfer any intellectual property between you and us, and we reserve all rights that are not expressly granted under our Terms.

Your Data

Given our Services’ function as repository of your and your Client’s data, we appreciate that your data is very important to you. You own your data. Alex Technologies does not gain any ownership or use rights in such data other than as set out herein.

Rights to Handle Data

You grant us a non-exclusive and transferable right to handle your data and the data of your Clients to (i) enable you and your Clients to utilize the Service, and (ii) generate information derived from your and your Clients’ use of our Service, including, usage information, metrics and other data points which are not able to be reverse engineered to reveal your and your Clients’ identity (“Anonymized Information”). We will own all Anonymized Information and are free to use it in compliance with our Privacy Policy, including but not limited to improving our Services. For more examples of how we use anonymized data, read our privacy policy. You agree that all data which is handled by us may be, without further required consent by you, handled by a third-party, such as Wayside Press, Vernon, for purposes which serve our business requirements, including data processing, monitoring or storage, or for regulatory or other reasons which are imposed on us in Canada. We respect your privacy and will handle your data in ways which are respectful and preserves your privacy as set out in our Privacy Policy.

Your Account and Customer Support

Alex Technologies Inc Customer Success Team is happy to assist by troubleshooting various issues you report. To do so, we may need to use a feature that allows us to access your account, your data and Client’s data. When necessary, and requested by the user, Customer Success Team representatives may ask you for permission to do this so we can look into an issue. Customer Success Team will be able to access all information that is available to the user and troubleshoot issues as needed.
Granting this permission allows us to access your date and Client’s data, however our policy is to view client data for support purposes only. No changes, edits or manipulation to your data and Client’s data will be made by our representative. Customer Success Team will be able to access all information that is available to the user and troubleshoot issues as needed but any changes to client data must be made by the account holder.

Rights to Inputs

If you ever make, or are ever invited by us to make comments, improvement suggestions or provide other content (“Input”), you will do so without any expectation from us and we shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate such Input into our Service or our business as we see fit. We have no obligation to monitor the submission of, or make use of, such Input.

Rights in Clients’ Data

Apart from our rights in Anonymized Information, your Clients have rights in their personal under applicable law. We will comply with our obligations to your Clients as applicable herein, our Privacy Policy, and the End User Terms of Use.

Right to Modify Content

As agreed upon, we will offer you the ability to modify certain text blocks on our App or Website in order to tailor certain text for your business purpose. You will not expect, and we will not be obligated to provide, any review, approval, rejection, or check for legal compliance of the altered text. You will indemnify us from any liability arising from your modification of such text block as further set out under “Release and Indemnification” herein.

In the Event of Conflict Between Your Rights and Clients’ Requests

As part of your Clients’ use of our Services, their personal information (as such is defined under The Personal Information Protection and Electronic Documents Act (“PIPEDA”), shall reside on our or our subcontractors’ systems. PIPEDA sets out various obligation for us, including in respect of such Clients’ requests for disclosure of, access to, or removal of, their personal information from our systems. We are compelled to abide by Clients’ requests, subject to limited exceptions. We note you, as a Mortgage Professional, must comply with certain data retention obligations in respect of Client personal information utilized in an application. We will, in the event of a request for removal of such Client personal information from our system, notify you promptly of such request. We will also, to support your compliance of your data retention obligations under applicable law, not destroy or remove such Client personal information in violation of your data retention policies and obligations, and you agree that as set out under “Release and Indemnification” clause herein, you will indemnify us for our assistance to you in our preservation of client’s personal information contrary to clients request.

Third Party Vendors

Certain features of the Service incorporate software that are developed by third parties (“Third Party Vendors”). You acknowledge and agree that your use of any services provided by Third Party Vendors is governed by the terms and conditions of such Third Party Vendors, which include, but are not limited to Google, Onespan, Equifax and Intercom. Any breach of the terms of conditions of such third parties, whether identified herein or not, shall constitute a breach of these End User Access Terms. We do not provide any representations or warranties with respect to software provided by Third Party Vendors.

Permission for Communication

We may use email, texts and other electronic means to stay in touch with you and you must ensure that you obtain all requisite permissions from your Clients for you to be able to, in turn, communicate with your Clients. You agree that when you provide us your e-mail address or personally identifying information (e.g. name, phone number) during or prior to access of the Service, you: (i) consent to receive communications from us, and, in certain circumstances, from Third Party Vendors providing certain portions of the Services which you selected, through electronic means, including via the email address or phone number you have provided us; and (ii) agree that our Terms, agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications would satisfy if they were in writing and physically presented to you.

Disclaimers

In addition to any other disclaimers set out in our terms, the service provided, including all content, tools, and functions, are “as is” without any representations or warranties of any kind made by us. We expressly disclaim any express or implied warranties, including, without limitation, merchantability, fitness for a particular purpose, non-infringement, reliability or accuracy, or integration with any system, including that belonging to a lender or a lender intermediary.
Although the service may be integrated with or run on third party systems, we assume no obligation and provide no guarantees whatsoever in connection with the performance of third parties. We are not responsible to you for the conduct of any such third party or for any related delay, error, inaccuracy, or inaccessibility of any material or service they supply.
We do not warrant that the service or the functions therein will be uninterrupted or error free. You agree that your use of the service creates no obligation upon us, the service provider, other than as agreed under our terms and there is no relationship (whether contractual, fiduciary or otherwise) created between you and us other than pursuant to our terms.
All third party materials are provided “as is” and any representation or warranty concerning any third party materials is strictly between you and the third-party owner or distributor of the third party materials.
To the fullest extent of the law, we do not represent that any information exchanged between a party in the provision of the service is secure, even if we become aware of any, or are told about, a potential breach.

Release and Indemnification

You agree to indemnify, defend and hold harmless Alex Technologies Inc, its officers, directors, employees, agents, successors and permitted assigns from and against any and all expenses, claims and demands, losses, costs, damages, actions, suits or other proceedings (“Claims”) including legal fees and disbursements, arising out of: (i) your use of the Service, including your violation of any of the provisions in these Terms of Use and any modifications you make to any text blocks on our Website or App; (ii) allegation of facts that, if true, would constitute your breach of any of your representations, warranties, covenants or obligations under these Terms of Use; (iii) negligence or willful misconduct by you or any third party on your behalf in connection with the use of the Services provided by us; (iv) any breach of our End User Terms of Use by your Client; or (v) our denial of a Client’s request to remove the Client’s personal information from our system where such Client request is contrary to your data retention policy.
We may, at our sole discretion, choose to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.

Limitation of Liability

Under no circumstances shall Alex Technologies, its directors, officers, representatives, and affiliates be liable for:

1. any indirect, incidental, special, consequential or exemplary damages arising from or relating to the use of the Service – this includes, but is not limited to, any loss of rewards or savings on purchases, profit, earnings, anticipated earnings, interruption or loss of service, or any consequential losses, problems, or fault howsoever arising out of the use of the Service; or
2. the acts, omissions or conduct of any third party which interacts with the Services in the process of your use of the Services.
   Without limiting the foregoing in this section entitled “liability” the limit on total cumulative liability owed by Alex technologies Inc (including our representatives and affiliates) to you or any person for any claims arising from or relating to the service shall be limited to a maximum of one (1) Canadian dollar.

Term and Termination

Our Terms shall be deemed to be applicable to you upon your use of the Service and shall only cease to apply to you upon an actual deletion or deactivation of your account through the means stated in our Terms. Abandonment or non-use of the account will not lead to an automatic termination of your account and our Terms will continue to apply to you.
We may terminate your access to all or any part of the Service at any time, with or without cause and with or without notice, effective immediately and for any reason deemed appropriate in our sole discretion.
Except for the provisions set out in the Surviving Provisions clause, these Terms of Use shall no longer be applicable to you if your account is cancelled or terminated.
Upon termination of your account (i) all rights, licenses and authorizations granted pursuant to these Terms of Use shall immediately terminate, and (ii) we may disable all Clients’ access to the Service.
Notwithstanding anything to the contrary in these Terms of Use, with respect to information and materials then in our possession or control, we may retain any of your data in our backups, archives and disaster recovery systems until such data is deleted in the ordinary course and all such retained data shall remain subject to all confidentiality, security and other applicable requirements of our Terms.

API Use

If you access the Alex Technologies Inc application programming interface (“ALEX API”), you (a) acknowledge that you have read and understand the API License agreement at https://www.myassistantalex.com/terms-alex-api (“API Terms”); (b) represent and warrant that you have the right, power, and authority to enter into the API Terms; and (c) accept the API Terms and agree that you are legally bound by its terms. If you do not accept the API Terms, you may not access or use the Alex Technologies Inc API.

Quebec Waiver

If and to the extent applicable to Mortgage Professional, Mortgage Professional hereby waives any rights it may have pursuant to articles 2126 and 2129 of the Civil Code of Québec and acknowledges that its sole rights and recourses with respect to termination of these Terms are those set forth in the Term and Termination section.

Waiver of Class Proceedings

Users hereby waive any right they may have to commence or participate in any class action lawsuit against Alex Technologies Inc related to any claim, dispute or controversy and, where applicable, you and any User hereby agree to opt out of any class proceeding against Alex technologies Inc otherwise commenced.

Severability

If any portion or provision of our Terms shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of our Terms, or the application of such portion of provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of our Terms shall be valid and enforceable to the fullest extent permitted by law.

Assignment

We may assign or delegate the Terms in whole or in part, to any entity at any time with or without your consent and without prior notice to you.
You may not assign or delegate any rights or obligations under the Terms without our prior written consent and any unauthorized assignment and delegation by you is void.

Headings and Summaries

The headings, captions and summaries in these Terms of Use are for convenience only and in no way define or describe the scope or content of any provision of these Terms of Use.

Notices

Except as otherwise stated in our Terms or as expressly required by law, any notice to us, including for purposes of termination, shall be given in writing by certified postal mail to:

4205 27th St, #4 V1T4Y3
(800) 767-5446

Any notice to you shall be given to the most current email address in your account.

Other Rules of Interpretation and Definition

Any reference to gender includes all genders; words importing the singular number only shall include the plural and vice versa; the word “or” is not exclusive; the words “including”, “includes” and “include” mean “including without limitation; and “shall” means “will” and “must”, all three of which can be changed interchangeably and shall not mean “may”. “handle” means to process, record, transfer, access, receive, use, disclose, retain, dispose of, destroy, manage, collect, store, or otherwise handle. “law” as used herein, means any statute, ordinance, regulation, rule, code, constitution, treaty, common law, governmental order or other requirement or rule of law of any governmental authority.

No Waiver of Covenants

Failure by any party to insist upon the strict performance of any of the covenants, agreements, terms, provisions or conditions contained in our Terms or to exercise any election shall not be construed as a waiver or relinquishment of such covenant, agreement, term, provision or condition but the same shall continue and remain in full force. No waiver shall be deemed to have been made unless expressed in writing.

Surviving Provisions

Only the clauses in relation to Representations, Warranties and Covenants, Rights and Ownership, Permission for Communication, Release and Indemnification, Liability, Governing Law, Arbitration, Waiver of Class Proceedings, and Surviving Provisions in these Terms of Use shall survive following any termination or expiration of your account.

Entire Agreement and Understanding

These Terms of Use, our FAQ and the Privacy Policy by reference, constitute the entire agreement and understanding between you and Alex Technologies Inc. No other communication, written or oral, with respect to the subject matter of our Terms shall apply.