Terms of Service:
This agreement is a legal agreement between you and Xpert Mortgage Services Inc. (XMSI) governing your use of the XMSI “iamxpert.com” platform. Please read and click “Agree” before proceeding.
By clicking “Agree”, you indicate your acceptance of this agreement and agree to abide by the terms and conditions set out as follows;
Exclusive to XMSI Agents – This platform was commissioned by XMSI for the exclusive use by XMSI’s active agents for the duration of their employment with XMSI. You agree and understand that your access to this platform (and any data contained within) will be provided to you only for the duration of your employment with XMSI and will cease if your employment is terminated by you or by XMSI.
Term and Termination – this agreement commences on the effective date of your employment, and acceptance, and continues until your employment is either terminated by you or by XMSI.
Support – A reasonable support and training will be provided by XMSI during the term of your employment. Support is available by contacting the Broker of Record or by an Administrator designated by XMSI.
No Fees – There are no direct fees associated with using this platform. Any additional service related fees/commissions/products are clearly marked as such in this platform.
Security Warranty – XMSI or hosting providers have implemented commercially reasonable efforts to ensure that your data will be maintained accurately and safeguarded as well as technical and physical controls to protect your data against destruction, loss, alteration, unauthorized disclosure to third parties or unauthorized access by employees or contractors employed by XMSI, whether by accident or otherwise.
Third Party Applications/Providers – Third party products or services, such as Filogix, NAS, Purview, etc. are outside the control of XMSI and XMSI does not warrant or support such product or service. XMSI will not be liable for any discontinuity of service, breach of data or corruption of data from such third party products or services.
Acceptable Use – you shall use the XMSI platform for your mortgage origination business purposes as contemplated by the terms of your employment agreement with XMSI. You must comply with all of the data laws applicable to the type of data you store in this platform. In case you fail to secure your access passwords, XMSI will not be responsible for any data breach or loss.
Suspension of Access – XMSI reserves the right to suspend your access if XMSI deems there are unauthorized or unlawful use of this platform until such issues are resolved to the full satisfaction of XMSI.
Proprietary Rights – the XMSI platform and all intellectual property rights, including the provision of support are owned by XMSI. Except for the access granted under the terms of the XMSI employment agreement, nothing in this agreement provides you any right, title or interest to the XMSI platform or related support. You shall not modify, translate, grant access to companies or employees of potential competitors, or create derivative works based on the XMSI platform; create any link to the XMSI platform or frame or mirror any content contained or accessible from the XMSI. This next generation software platform has been developed to greatly enhance your business and provide you with a competitive advantage. The product platform and its intellectual property rights are either owned or licensed by us, it is prohibited to copy or reverse engineer this platform.
Privacy Policy – our entire privacy policy including additional content on confidentiality can be found on the XMSI website.
General Provisions – this is the entire agreement and no other scope of work documents, amendments or additions will take priority over this agreements terms. This agreement cannot be assigned, sublicensed or otherwise transferred without the prior written consent of the non-assigning party. The rights and obligations of the parties shall be governed in accordance with the laws of Ontario, Canada
