IMPORTANT! PLEASE READ THIS CAREFULLY.
The following are terms of use that constitute a legally binding agreement (“Contract”) between you (whether as an individual, a corporate entity of any kind, and/or an electronic agent) and Ontario Dehy Inc., including its subsidiaries and affiliates (collectively referred to as “ODI”).
This website (“Site”) is owned by ODI and its contents are proprietary to ODI. They are protected by law, including, but not limited to, Canada and the United States copyright law and/or international treaties and other international law. Any unauthorized Use (as defined below) of any material contained in this Site is in breach of your contractual obligations hereunder. It may also be in violation of copyright or trademark laws, privacy, publicity, communications regulations and statutes.
Viewing the Site pages, downloading, copying, linking or similar activities constitute “Use” (including the various grammatical variations). YOU AGREE THAT YOUR USE OF THIS SITE SUFFICIENTLY DEMONSTRATES YOUR CONSENT TO THE TERMS AND CONDITIONS IN THIS CONTRACT. Your Use also confirms that you agree to fully comply with any laws and regulations, including, but not limited to, Canada export and re-export control laws and regulations applicable to the Site.
ODI may periodically audit your Use of this Site. In the event ODI, at its sole discretion, concludes that your Use is in violation of this Contract, ODI may immediately block further access. This remedy is in addition to any other remedy available at law, the exercise of which shall be undertaken at ODI’s sole discretion.
ODI reserves the right to change and/or amend this Contract at any time. ODI is not obligated to provide you with advance notice of such changes nor which changes were made. As such, you agree that it is your sole responsibility to periodically review this Contract, the latest version of which will be available at this URL.
This Contract does not alter in any way any other contract you may already have with ODI.
CONTENTS:
USE RESTRICTIONS
WARRANTY DISCLAIMER
LIMITATION OF LIABILITY
INDEMNIFICATION
PRIVACY POLICY
TRANSMISSIONS
APPLICABLE LAWS & MISCELLANEOUS
USE RESTRICTIONS
Copyright: All content in this Site, including, without limitation, text, pictures, graphics, data and other files (collectively, “Materials”) and the selection and arrangement thereof are copyrighted Materials of Ontario Dehy Inc. © 1998-2020, ALL RIGHTS RESERVED, or by the original creator of the Material. You are granted permission to display Materials from this Site for personal, non commercial use only. You may not “mirror” any Material contained in this Site on any other server, or deep link into any other page on this Site without the prior, express written permission of ODI.
Trademarks: All trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on this Site are either registered or unregistered Trademarks of ODI. These Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of ODI. Nothing in this Contract confers in you any right of ownership to any of the Trademarks. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the prior, express written consent of ODI.
Hyperlinks: You are granted a limited, nonexclusive right to create a hyperlink to this Site’s entry page (also known as “home page”). You may do so as long as the page using the link does not portray ODI or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner. You may not employ framing techniques to enclose any ODI Trademark or Material without ODI’s prior written consent. Any third party site links provided in the Site are provided solely for user convenience. ODI does not endorse these sites nor make any representations about them. Any use of these sites is at your own risk. You agree that ODI will not be responsible or liable under any circumstances or theories, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with your use or reliance on these third party sites.
Limited Access: You agree you will not use, directly or indirectly, any bot, spider, or other automatic method or means, nor any manual processes to copy any Material on this Site. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You will not take any action, directly or indirectly, that ODI concludes imposes an unreasonable or disproportionately large load on any components of its computer infrastructure.
Additional Use Restrictions: You may not post, intercept, transmit, email, re-transmit or store data on, from and/or through the Site, which, in the sole judgment of ODI: (i) violates any local, state, federal or foreign law or regulation, (ii) is threatening, harassing, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity, or (iii) violates the rights of any person or entity, including rights protected by copyright, trademark, trade secret, patent or other intellectual property or similar laws or regulations. You will be solely responsible for determining the scope of and complying with any and all laws and regulations that are applicable to your Use. Additionally, ODI reserves the right to discontinue your Use at any time and without notice where it determines, in its sole discretion that the Use is incompatible with the purpose for which the Site is provided.
By way of illustration, which shall not be deemed exhaustive, the following activities are prohibited:
A. Uploading, posting, emailing or otherwise transmitting any data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.
B. Promoting or providing instructional information about illegal activities. This may include, but is not limited to, providing instructions on how to assemble bombs, other weapons, money laundering, etc.;
C. Posting content that harms minors in any way;
D. Impersonating any person or entity, including, but not limited to, a ODI employee, officer, director or agent, or falsely stating or otherwise misrepresenting your affiliation with another person or entity;
E. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any data transmitted through this Site or develop restricted or password-only access pages or images;
F. Uploading, posting, emailing or otherwise transmitting any data that you do not have a right to transmit under any law or under contractual or fiduciary relationship;
G. Uploading, posting, emailing or otherwise transmitting any data that infringes any patent, trademark, trade secret, copyright or other proprietary and/or confidentiality rights of any person or entity;
H. Uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation;
I. Uploading, posting, emailing or otherwise transmitting any data that contains software viruses or any other software code, files or programs designed to interrupt, destroy, surveil, or limit the functionality and/or capacity of any ODI computer software or hardware, including software or hardware provided by any of ODI’s service providers.
WARRANTY DISCLAIMER
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTION, DATA AND INFORMATION IS PROVIDED ON “AS-IS,” “WHERE IS,” “WITH ALL FAULTS” BASIS. ODI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF QUIET ENJOYMENT, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
IN NO EVENT WILL ODI, ITS AFFILIATES, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, ENTITIES MENTIONED IN THE SITE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT ODI WAS MADE AWARE OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPAIR OF EQUIPMENT, CORRECTION OF DATA OR ANY OTHER DAMAGE, YOU ASSUME ALL COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING EXCLUSION MAY NOT BE APPLICABLE TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless ODI, its affiliates, licensors, business partners, officers, directors, employees, agents and assigns harmless from any loss, liability, claim, demand, damage or expense (including reasonable legal fees) asserted by any third party relating in any way to your Use or breach of this Contract. Without limiting the application of this section, ODI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
PRIVACY POLICY
You have read and agree to our Privacy Policy.
TRANSMISSIONS
Any material, data or ideas you transmit to or post on this Site, by any means, will be treated as non-confidential. Furthermore, by posting these you grant to ODI, its successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, irrevocable license to use, copy and distribute such content in any manner, except as otherwise provided in the law.
APPLICABLE LAWS & MISCELLANEOUS
If any provision in this Contract is held by a court of competent jurisdiction to be invalid, then such provision shall be construed as nearly as possible to correspond with ODI’s intentions and without prejudice to ODI as the drafter. The other provisions in the Contract shall remain unaffected. ODI’s failure to exercise or enforce any right or provision of this Contract shall not constitute a waiver of such right or provision, unless previously agreed to in writing by ODI. The section titles in this Contract are solely used for convenience and have no legal significance. This Contract may be assigned in whole or in part by ODI. This Contract may not be assigned by you. This Contract shall be governed by and construed in accordance with the laws of the Ontario, Canada, notwithstanding any conflict of laws provisions or rules. You unequivocally, irrevocably and unconditionally (i) consent to the exclusive jurisdiction of the state and federal courts sitting in Huron County, Ontario, Canada for any litigation or dispute arising out of relating to this Contract, (ii) agree not to commence any litigation arising out of relating to this Contract in any other jurisdiction and (iii) agree not to plead or claim that such litigation is being brought in an inconvenient forum.