Rocket Pro Terms Of Use
Last updated: August 9, 2024
The following terms of use (the “Terms of Use” or “Terms”) govern your access to and use of the software and services we make available online at https://rocketpro.ca/terms (the “Services”). These Terms of Use form an agreement between Rocket Mortgage Canada ULC and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Services (“use” or “using” in these Terms of Use will mean any of the foregoing). This application is owned and operated by Rocket Mortgage Canada ULC, 156 Chatham Street West, Suite 2, Windsor, ON N9A 5M6, which is referred to below as “Rocket” or “Rocket Pro” or “we” or “us” or “Company” or “our.”
BY USING THE SERVICES, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (II) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE SERVICES IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME. YOUR USE OF THIS APPLICATION AND YOUR TRANSACTIONS CONDUCTED WITH THE COMPANY IN CONNECTION WITH THIS APPLICATION ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS, ALSO REFERRED TO AS "TERMS OF USE". CLICKING ONTO PAGES BEYOND THE APPLICATION'S HOMEPAGE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT WITH THE TERMS OF USE WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH THE COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE APPLICATION OR THROUGH OTHER CHANNELS, SUCH AS BY PHONE, BY EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU MAY NOT USE THIS APPLICATION.
This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.
Permitted Use
You agree that:your use of this application is subject to and governed by these Terms of Use,
you will only access or use this application and transact business with us if you are at least 18 years old,
you will only access or use this application for its intended use as a partner of Rocket Pro subject to the agreement between Rocket Pro and your brokerage, and that use of this application is not permitted for external use or use by your clients or customers,
you will comply with and be bound by these Terms of Use as they appear on this application,
each use of this application by you indicates and confirms your assent to and agreement to be bound by our Terms of Use, and
these Terms of Use are a legally binding agreement between you and Rocket Pro that will be enforceable against you.
- that interferes with or induces a breach of the contractual relationships between Rocket Pro and its employees,
- that is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property,
- that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, or unsolicited commercial communications,
- that transmits any harmful or disabling computer codes or viruses,
- that harvests Email addresses from this application,
- that transmits unsolicited Email to this application,
- that interferes with our network services,
- that attempts to gain unauthorized access to our network services,
- that suggests an express or implied affiliation with Rocket Pro or broker relationship with Rocket Pro (without the express written permission of Rocket Pro),
- that impairs or limits our ability to operate this application or any other person's ability to access and use this application, and/or that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
- that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
- that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
- that dilutes or depreciates the name and reputation of Rocket Pro or any of its affiliates;
- that transmits or uploads any content or images that infringes any third party's intellectual property rights or infringes any third party's right of privacy; or
- that unlawfully transmits or uploads any confidential, proprietary or trade secret information.
- comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy any export control laws;
- upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law; and
- use reasonable efforts to prevent unauthorized access to or use of the Services.
- Access To This Application
Rocket Pro reserves the right at all times, in its sole discretion and without notice to you, to deny your access to and use of this application. - Use Of This Application
You agree and acknowledge that you have the sole responsibility and liability for your use of this application and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use this application. - Changes to these Terms of Use and Services
Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time by posting a new version to the Services. It is your obligation to monitor the Services for any such changes. Your continued access to or use of the Services after any changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly. We reserve the right to change the Services at any time, without notice. You further acknowledge and agree that individual modifications to the Terms of Use may not be altered by contract, unless expressly permitted in writing by Rocket Pro. - Location
You understand and acknowledge that Rocket Pro controls and operates this application from within Canada. This application provides information regarding services and products that are made available in Canada only. We make no representation that the services or products about which information may be provided on this application will be available (a) anywhere outside of Canada or (b) in every province within Canada. You acknowledge and agree that you are responsible for compliance with all federal, provincial and local laws applicable to your access to and use of this application. - User IDs and Passwords
Certain areas or features of this application may be restricted to users who have obtained a user identification and password by completing a registration process described on this application. Please be sure to protect and maintain the confidentiality of any user identification, password or other identifying information you may obtain in connection with your use of this application. You agree to notify Rocket Pro immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this application by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this application that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised. - Communications With Company
Time Sensitive Instructions: When communicating with us through this website, SMS or via Email, do not use the application, SMS or Email to communicate any time-sensitive instructions that are in any way related to or affect your client’s loan, loan application or closing (such as cancellation of a closing, rescissions, or the like). Such instructions may not be honoured. All transactions conducted on this application, SMS or via Email, must be confirmed in writing by us to be accepted by and binding upon us. Mortgage Applications: All loan approvals, qualifications, rate locks, deposit and rebate and intent to lend agreements, and the like, are only made by Rocket Pro in writing. Approvals and qualifications are conditional in accordance with the terms except as be specifically provided for in writing signed by Rocket Pro. E-Signature: General communications through this application, SMS or via Email are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a "click to accept" button or box is binding upon you. Recording & Monitoring of Communications: Your communications with us via the application, SMS, Email, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same. - Additional Terms
Your access to and use of certain functionalities provided in or through the Services may be subject to additional terms and conditions presented to you by Rocket or its service providers. Such additional terms and conditions are incorporated herein by reference. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities. - Privacy
Please review our current Privacy Policy, available at https://rocketpro.ca/privacy, which contains important information about our practices in collecting, storing, using and disclosing information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use. You represent and warrant to us that any data, information, records and files that you load, transmit to or enter into the Services will only contain Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Services. - Ownership of the Services
All right, title and interest, including intellectual property rights, in the Services, the source code in the software we use to provide the Services (the “Software”) and all other materials provided by us hereunder, and any updates, adaptation, translation, customization or derivative works thereof, will remain the sole property of Rocket (or our third-party suppliers, if applicable).
The Services and all materials provided by us hereunder are licensed and not “sold” to you. The Software and all other materials provided by us hereunder, including content we make available through or in the Services, are protected by copyright in Canada, the United States and elsewhere in the world pursuant to the Berne Convention. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling any of the Services, the Software or other materials provided by us hereunder, or sharing and/or granting access in any of the foregoing to any third party for any purpose. “Rocket Mortgage” and “Rocket Pro” are trademarks of Rocket Mortgage, LLC used under license by Rocket Mortgage Canada ULC. Any trademarks, graphics or logos appearing in the Service are the exclusive property of Rocket (or its third-party suppliers) and may not be used in any manner without our express written consent. All rights not expressly granted to you in these Terms of Use are reserved by Rocket. - Third Party Content, Websites or Services
The Services may provide links or access to third party content, websites, or services. Likewise, we may allow you to access the Services from third party systems. Rocket does not endorse any third party content, websites, services, or systems, or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third party content, websites, services, or systems are not under Rocket’s control, and if you choose to access any such content, websites, or services, or to access the Services from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third party content, websites, services, or systems and agree to accept and comply with any such terms of use. - Malicious Code and Security
The downloading and viewing of content are done at your own risk. We do not guarantee or warrant that the Services are compatible with your computer system or that the Services, or any links from the Services, will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Services.
You are prohibited from attempting to circumvent and from violating the security of the Services including without limitation:
(a) accessing content that is not intended for you;
(b) attempting to breach or breaching the Services security or authentication measures;
(c) restricting, disrupting or disabling service to Services users, hosts, servers or networks by any means, or
(d) otherwise attempting to interfere with the proper working of the Services, including but not limited to by introducing any material that is malicious or technologically harmful. - Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Services. We do not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Services. - Disclaimer THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, RELIABILITY, CURRENCY, TIMELINESS, QUALITY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, OR THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
- Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE SERVICES OR THESE TERMS OF USE. FOR ANY OTHER DAMAGES, OR TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED $100 CAD. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
- Indemnification You will defend, indemnify and hold harmless us, our affiliates and service providers, and each of their and our respective officers, directors, employees, agents, and any licensees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: your breach of any provision of these Terms of Use or any documents referenced herein; or your violation of any law or the rights of a third party (including intellectual property rights).
- Term and Termination; Survival
• These Terms of Use are effective beginning on the earlier of: (i) the date you first use the Services; or (ii) the date you agree to be bound by these Terms of Use; and will continue for as long as you use the Services or until terminated in accordance with the provisions of these Terms of Use (the “Term”). At any time, Rocket may: (i) suspend or terminate your rights to access or use the Services; or (ii) terminate these Terms of Use; if Rocket in good faith believes that you have used the Services in violation of these Terms of Use. You may terminate these Terms of Use at any time and with immediate effect by ceasing use of the Services. For greater certainty, if you continue to use any portion of the Services after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use.
• The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 9(b) (Personal Information Warranty), 10 (Ownership), 11 (Third Party Content, Websites or Services) 12 (Malicious Code), 13 (Communications Not Confidential), 14 (Disclaimer), 15 (Limitation of Liability), 16 (Indemnification), 17(b) (Survival), and 19 (General Provisions). - Geographical Restrictions Rocket Pro makes no representation that the Services are available for use in locations outside Canada or all locations within Canada. The Services are available for use in the jurisdictions listed below, which may be updated by Rocket Pro from time to time. We provide these Services for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction. Rocket Mortgage Canada ULC operates as a mortgage lender in the following locations within Canada:
• Ontario
• Alberta
• British Columbia
• New Brunswick
* Nova Scotia
* Newfoundland & Labrador
• Prince Edward Island
• Nunavut
• Northwest Territories
• Yukon Territory - General Provisions
• Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein and such laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location. You will only use the Services in jurisdictions where the Services may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the Services. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
• Entire Agreement. These Terms of Use constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Services. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
• If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
• You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any assignment in violation of this Section will be void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
• English Language. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais. - Contact
If you have any questions or comments regarding these Terms of Use, please contact us at pro@rocketmortgage.ca.
By Mail:
Rocket Mortgage Canada ULC
Attn: Rocket Pro, Christopher Colasanti
156 Chatham St. W, Suite 2, Windsor, ON N9A 5M6