GENWORTH FINANCIAL WEB SITE TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions carefully before using this Site.
This website (this "Site") is provided by Genworth Financial Mortgage Insurance Company Canada ("Genworth"), for use in Canada only, conditional on your acceptance of the terms and conditions set forth below (the "Terms and Conditions"). By accessing, using and/or downloading materials from this Site, you agree on your own behalf and on behalf of each person or entity on whose behalf you act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Genworth .
Genworth may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. Genworth may similarly remove, add, modify or otherwise change any content, including that of third parties, on or from this Site. Genworth may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability.
Limited License and Copyright. Subject to the terms and conditions set forth in this Agreement, Genworth grants you a non-exclusive, non-transferable, limited right to access, use and display this Site, and the visible text, graphics and images thereon (the "Materials"), and to view and download the Materials, only in connection with the products and services described by Genworth for use in Canada.
This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without our written consent; and d) you may not print or copy any of the HTML or other computer programs that are viewable at this Site. You agree to abide by all additional restrictions displayed on this Site as it may be updated from time to time. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, Genworth does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of Genworth or of the General Electric Company or any direct or indirect subsidiary thereof (an "affiliate" of Genworth or "its affiliate").
Trademarks. The product names, company names and logos of Genworth or any affiliate used on this Site may be trademarks including registered trademarks of Genworth or an affiliate. Such product names, company names and logos of Genworth and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of Genworth or such affiliate. Other product and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. Genworth and its affiliates' products, services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. Genworth and its affiliates reserve all such rights.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of Genworth, its affiliates and/or their suppliers. You are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose and may not distribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.
Termination. Genworth may terminate all rights and licenses contained herein and,upon such termination, you shall immediately destroy all Materials and Software.
Disclaimer and Limitation of Damages
The Materials and information accessible through this Site may contain inaccuracies and typographical errors. Genworth, its affiliates and / or their suppliers make no representations or warranties about the accuracy or completeness of the Materials or information accessible through this Site, or the reliability of any advice, opinion, statement or other information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing shall be at your sole risk. Genworth reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. Genworth may make any other changes to this Site, the Materials and the products, services, programs or prices (if any) described on this Site at any time without notice or liability. The products and services of Genworth are subject to the terms and conditions of the agreements governing their use.
This Site, the Materials and information accessible through this Site and the Software are provided "as is" without any representation or warranty, express or implied, of any kind, and Genworth, its affiliates and their suppliers hereby disclaim all warranties and conditions with regard thereto, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. Genworth does not warrant that this Site will operate without interruptions or that it will be error free.
In no event shall Genworth, its affiliates and / or their suppliers be liable for any direct, indirect, incidental, consequential, punitive, exemplary, reliance, special or other damages (including, without limitation, damages for harm to business, lost profits, lost savings or lost revenues, business interruption, loss of information or programs or other data on your information handling system) related to the use of, or the inability to use, this Site, its contents or Materials available from this Site, or any information, Software, products and services obtained through this Site, or functions of this Site or any linked website, whether or not any of Genworth , its affiliates and / or their suppliers has been advised of the possibility of such damages.
The limitations of liability and disclaimers herein contained apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
Because some jurisdictions do not allow exclusions of implied warranties or conditions or limitations of liability for direct, indirect, consequential, incidental or other types of damages, the above exclusions or limitations may not apply, or may only partially apply, to you.
You agree: a) not to use this Site in any manner which could damage, disable, overburden or impair this Site; b) not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; c) not to disrupt or interfere with any other person's use and enjoyment of this Site or affiliated or linked sites; d) not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs; e) not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site; f) not to use or attempt to use another's account, service or system without authorization from Genworth, or create or use a false identity on this Site; g) not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and h) not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.
On-line Communities and Other Interactive Areas
To the extent that this Site contains bulletin boards, chat rooms, or other message or communication facilities, you agree to use such forums only to send and receive messages and materials that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a forum, you will not post or otherwise disseminate on or through this Site harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful communications or materials of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; will not advertise or offer to sell or buy any goods or services for any commercial purpose unless such forum specifically allows such messages; will not conduct or forward surveys, contests, pyramid schemes or chain letters; and will not harvest or otherwise collect information about others, including e-mail addresses, without their consent. Genworth does not have any obligation to monitor the content of its bulletin boards, chat rooms, or other message or communication facilities. However, Genworth reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post and remove any information or materials, in whole or in part, that in Genworth 's sole discretion are objectionable or in violation of these Terms and Conditions.
Links and Third Party Content
As a convenience to you, Genworth may provide, on this Site, links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Genworth makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that Genworth or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Genworth or any of its affiliates.
This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in on-line community discussions. You agree that Genworth shall not have any liability whatsoever to you for any such third party material, data or information.
All links to this Site must be approved in writing by Genworth .
Information Provided by You
Genworth does not want you to, and you should not, send any confidential or proprietary information to Genworth via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to Genworth is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to Genworth, you grant to Genworth and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that Genworth and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to Genworth for any purpose. You further recognize that Genworth does not want you to, and you warrant that you will not, provide any information or materials to Genworth that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.
On-line Application Pages
If you are interested in requesting our products or services, please visit our application pages when they become available. Those pages will provide details on how to proceed. Please note that the application pages and the other pages of this Site are not an offer by Genworth to sell or to provide any products or services or any form of credit facilities whatsoever.
International Users and Choice of law
This Site is controlled, by Genworth from its offices within Canada. Neither Genworth nor any of its affiliates makes any representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada and access to them from territories outside of Canada is prohibited. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions are governed by the laws of the province of Ontario, Canada (without regard to its conflicts of law rules). You consent to the exclusive jurisdiction and venue of Ontario courts in case of any dispute connected with this Site or these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between Genworth and you with respect to the subject matter hereof. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.