The following terms and conditions govern your use of the Residential Mortgage Industry Data Dashboard. By using the Residential Mortgage Industry Data Dashboard, you agree to be bound by these terms and conditions.
If you do not agree to these terms and conditions, you must not use the Residential Mortgage Industry Data Dashboard.
- This agreement is between Canada Mortgage and Housing Corporation ("CMHC") and you (an individual or a legal entity that you are authorized to represent) ("you").
- CMHC may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on the CMHC website, unless the posting specifies otherwise.
- Your use of the Residential Mortgage Industry Data Dashboard will be governed by the terms and conditions in force as of the date and time you accessed the Data.
"Data" means Supplied Data and Derived Data
"Derived Data" means any information, content, data (including mortgage market data) or materials generated, created or derived by you through your use of the Data.
"Residential Mortgage Industry Data Dashboard" means the tool which provides users with the ability to access and use the Data in the manner set forth in these terms and conditions.
"Supplied Data" means any data files, data bases, tables, time series, publications, custom data tabulations, dashboards, reports, graphs, maps and text for which CMHC is the creator and owner or in which CMHC holds intellectual property rights and made available to you in accordance with this agreement.
Availability of Data
CMHC may make the Residential Mortgage Industry Data Dashboard and/or Data available to you via its website or other media at its sole discretion. CMHC does not guarantee the availability of the Residential Mortgage Industry Data Dashboard and/or Data at any particular time or via any particular media.
Subject to any limitations set out in this agreement or otherwise communicated to you by CMHC, CMHC grants you a revocable, royalty-free, non-exclusive licence to use, copy, modify, adapt, publish, reproduce, and redistribute the Data for non-commercial purposes. You are expressly restricted and prohibited from, selling the Data or from developing or deriving for commercial purposes any other product that incorporates or uses any Data. You are permitted to redistribute the Data to other individuals or entities, provided that (a) such individuals or entities agree to be bound by these terms and conditions and (b) you agree to notify CMHC if you become aware of any infringement of the terms and conditions by such individuals or entities.
In doing any of the above, you agree to:
- reproduce the Data accurately; and
- acknowledge the source of the Data in a clear manner, as set out below ("Acknowledgment of Source") or as otherwise communicated to you in writing by CMHC:
You shall include the following notice on all reproductions containing Supplied Data:
Source: Canada Mortgage and Housing Corporation (CMHC), name of product or information, reference date. This information is reproduced and distributed on an "as is" basis with the permission of CMHC.
You shall include the following notice on all reproductions containing Derived Data:
Adapted from Canada Mortgage and Housing Corporation, name of Product, reference date. This does not constitute an endorsement by Canada Mortgage and Housing Corporation of this product or of the accuracy or quality of the information that it contains.
or any other notice approved in advance in writing by CMHC.
You agree not to:
- use the Data in a manner that infringes any applicable laws;
- use the Data in a way that suggests that CMHC or the Government of Canada endorses you or your use of the Data;
- misrepresent the Data or its source;
- use the Data in a manner that brings CMHC or the Government of Canada into disrepute;
- merge or link the Data with any other databases for the purpose of attempting to identify an individual person, business or organization or extracting personal information;
- present the Data in such a manner that suggests you may have received, or had access to personal information held by CMHC, or information about any identifiable individual;
- permit a third party to use the Data in a manner that breaches these terms and conditions.
CMHC reserves its right to require at any time that any use of the Data be limited or discontinued. If CMHC notifies you of such a requirement, you agree to comply with the notice immediately.
Intellectual Property Rights
You acknowledge and agree that except for the limited rights expressly provided in these terms and conditions, nothing in these terms and conditions shall, or shall be deemed or construed or implied to, assign, transfer or convey to or vest in you any title, rights or interest in or to any intellectual property, including in or to the Data or to the Residential Mortgage Industry Data Dashboard. All intellectual property rights that CMHC holds in the Data shall remain the property of CMHC. All intellectual property rights that third parties may have in the Data shall remain their property. All rights to access and use the Residential Mortgage Industry Data Dashboard and the Data shall terminate on any termination of these terms and conditions. CMHC reserves all rights not expressly granted to you hereunder.
Advertising and Publicity
You shall not include on any reproduction of the Data, or elsewhere:
- the name, crest, logos, domain names or other official marks of CMHC without the written permission of CMHC;
the official symbols of the Government of Canada, including the Canada wordmark, the Coat of Arms of Canada, and the flag symbol, without written authorization from the Treasury Board Secretariat. Request for authorization from the Treasury Board Secretariat may be addressed to:
Federal Identity Program
Treasury Board of Canada Secretariat
300 Laurier Avenue West
Ottawa, Canada K1A 0R5
- any annotation that may be interpreted as an endorsement by CMHC of the Derived Data or that would imply that you have an exclusive distribution arrangement for any or all of the Supplied Data or that you have access to any confidential information or information not available to others.
No warranty and no liability
THE RESIDENTIAL MORTGAGE INDUSTRY DATA DASHBOARD AND ALL DATA IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND AT YOUR OWN RISK. OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, CMHC MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE RESIDENTIAL MORTGAGE INDUSTRY DATA DASHBOARD AND THE DATA AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NONE OF CMHC, ITS OFFICIALS, EMPLOYEES, REPRESENTATIVES OR SUCCESSORS WILL BE RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE DATA AND NOR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, NO MATTER HOW THEY ARE CAUSED, THAT YOU MAY SUFFER BY REASON OF YOUR POSSESSION, ACCESS TO, OR USE OF THE DATA.
This agreement is effective as of the date and time you access the Data and shall terminate immediately if you breach any of the terms of this agreement.
Notwithstanding termination of this agreement, reproductions of the Data already in circulation on the date of termination may continue to be used provided such use remains in full compliance with these terms and conditions. All other use of the Data shall cease immediately on date of termination.
All obligations that you assume under this agreement that are of an ongoing nature will continue in full force and effect following termination of the agreement. For greater clarity, but without limiting the broad application of the foregoing statement, the following provisions survive expiration or termination of this agreement: Intellectual Property Rights, Acknowledgment of Source, Advertising and Publicity, and No Warranty and No Liability.
You recognize that in the event you breach the terms and conditions of this agreement, monetary damages that may be available to CMHC will not likely be adequate to restore CMHC's rights in the intellectual property. You agree that CMHC may seek an injunction or similar remedy from a court to protect its rights in its intellectual property.
This agreement will be governed and construed in accordance with the laws of the province of Ontario and the laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the Federal Court of Canada in the event of a dispute