- you either live, work, or own property (or be in the process of acquiring property) in the Province of Ontario;
- you are at least 18 years of age;
- you either currently own a $25.00 Member Share in Kindred or intend to purchase one before Kindred commences to provide any financial services to you;
- your use of the DLS is solely for your personal use;
- you will not alter or modify any part of the DLS other than as may be reasonably necessary to use the DLS for its intended purpose; and
In order to access some features of the DLS, you may be required to create an account (an “Account”). You may never use another's account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify Kindred immediately of any breach of security or unauthorized use of your Account. Although will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Kindred or others due to such unauthorized use.
Kindred makes no warranty concerning the functionality of the DLS software on any individual computer and expressly disclaims any and all liability for any problem which may be caused to your computer or damage of any kind incurred by you resulting from your use of the DLS software. You hereby waive any legal or equitable rights or remedies you may have against DLS with respect to your use thereof.
Termination of DLS Access
Kindred may suspend or terminate your license to use the DLS immediately by a notice given to you using any contact information noted in its records and any means permitted by law if:
- After becoming a Member of Kindred, you cease to be a Member in good standing of Kindred;
- A default has occurred under the terms of any loan agreement between you and Kindred;
- Kindred considers that such suspension or termination is necessary to protect the integrity or security of any of its information systems at any time;
- Kindred forms the opinion that you are unable to pay your debts as they become due or have no reasonable prospect of so doing; or
- You make an assignment into bankruptcy or become the subject of a bankruptcy petition or order.
If Kindred suspends or terminates your license to use the DLS, all of your rights to use the DLS shall immediately cease, and you agree to cease all activities involving the use of the DLS.
Intellectual Property Rights
The content of the DLS, including the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features ("Content") and the trademarks, trade names, service marks and logos contained therein ("Marks"), are owned by or licensed to Kindred, subject to copyright and other intellectual property rights under Canadian law and international conventions. DLS content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Kindred reserves all rights not expressly granted in and to the DLS and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of the content of third parties obtained through the DLS software. You agree not to circumvent, disable or otherwise interfere with security related features of the DLS software or features that prevent or restrict use or copying of any Content or enforce limitations on use of the DLS software or the Content therein.
Third Party Websites
The DLS software may contain links to third party websites that are not owned or controlled by Kindred and Kindred assumes no responsibility for these third party websites. By using the DLS, you expressly discharge Kindred from any and all liability arising from your use of any third-party website.
Warranty and Indemnity
You agree that your use of the DLS is at your sole risk. Kindred makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the DLS by any third party, or concerning damage of any kind incurred resulting from use of the DLS. Kindred does not endorse and is not responsible for any product or service advertised or offered by a third party through the DLS or any hyper-linked website. In no event shall Kindred, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the DLS, Content or DLS software. You agree to defend, indemnify and hold harmless Kindred its officers, directors, employees and agents, 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:
- your use of and access to the DLS;
- your violation of any third party right, including without limitation any copyright, property, or privacy right.