These terms constitute a legal agreement between you and the Ontario Power Authority (“OPA”) the owner and operator of the powerauthority.on.ca website and the countmeinontario.ca website (together, the "Web Site"). By using this Web Site you are agreeing to these terms. Individual OPA programs and/or their websites may be subject to their own terms and conditions, which shall apply in addition to these terms and condition. You are wholly responsible for obtaining, (whether from the Web Site or otherwise), reviewing and complying with all additional program-specific terms and conditions.
This Web Site is intended only as a resource to provide you with general information about the OPA and OPA programs, and about energy supply and conservation in general in Ontario. While the OPA makes every effort to ensure that the content of this Web Site is complete, accurate and up to date, you should not rely on the statements contained herein without referring to specific program documentation or other supporting material.
You agree to use the Web Site only for the above-stated purpose, for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations. This Web Site is designed for use in Ontario, Canada. Potential users in any other jurisdiction where laws (whether common or statutory) would: (i) void these terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law, the disclaimer and the limitation of liability); or (ii) render accessing or using the Web Site or its content illegal, are not authorized to use the Web Site or its content.
Non-Endorsement of Products, Manufacturers, Processes
While the Web Site may recommend certain products, retrofits and/or processes, the OPA does not endorse any particular manufacturer or service provider. The OPA does not provide any warranties or guarantees, whether express or implied, for the use of any product, retrofit or process, nor does it assume any liability therefor. It is your responsibility to take all safety precautions and to refer to the product manufacturer’s instructions or contact a licensed technician, as you deem appropriate.
You agree that OPA may, in its sole discretion and without prior notice or liability, at any time either temporarily or permanently discontinue or modify any aspect of the Web Site or its content. It is your responsibility to ensure that you are accessing the most current version of the Web Site. Your continued access or use of the Web Site and/or its content signifies your acceptance of the updated or modified terms.
THE WEB SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WHILE THE OPA ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, OPA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEB SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL OR WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION: (I) THAT THE CONTENT CONTAINED WILL BE FIT FOR A PARTICULAR PURPOSE, (II) THE WEB SITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE WEB SITE WILL BE AVAILABLE OR OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE OR THE CONTENT (BE THEY HUMAN OR COMPUTER ERRORS) WILL BE CORRECTED, (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED, AND (VI) ANY AND ALL WARRANTIES, OBLIGATIONS, AND CONDITIONS ARISING OTHERWISE. THE USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE OPA, ITS SUPPLIERS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST REVENUE, LOST PROFIT, BUSINESS INTERRUPTION, INACCURATE INFORMATION, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEB SITE, THE CONTENT OR THE SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF OPA KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that your use of the Web Site and/or the content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against OPA, its suppliers, or their officers, directors, employees or agents. You agree, at your own expense, to indemnify, defend and hold OPA, its suppliers and their officers, directors, employees or agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of (i) your breach of these terms; and/or (ii) your use of the Web Site and/or the content.
Ownership and Licence
You acknowledge that the Web Site and the content, including any trade-marks, maps, forms, information, software, photos, video, text, graphics or other material available on the Web Site are protected under Canadian and international copyright laws and other intellectual property laws. Except as expressly provided in these terms, any reproduction, retransmission, distribution, republication, modification, adaptation, translation of, creation of derivative works based on, exploitation of, or participation in the transfer or sale of the Web Site and/or the content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Web Site or its content is strictly prohibited. Subject to the terms and conditions of these terms, you are granted a limited, non-transferable and non-exclusive license to access, view and use the Web Site and the content for the purpose described above and are granted the right to download, store and print single copies of items comprising the content for that purpose only, provided that you maintain all copyright and other notices contained in such content. If you violate any provision of these terms, your permission to use the Web Site and the content automatically terminates and you must immediately cease use of the Web Site and destroy any copies you have made of any content.
The Web Site may include links to other internet sites maintained by third parties (“Linked Sites”). The OPA provides access to Linked Sites solely as a convenience to you. The OPA has no control over Linked Sites and you acknowledge and agree inclusion of Linked Sites does not imply endorsement by OPA of the Linked Sites or any content, advertising, products or other material available from Linked Sites. The OPA shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites.
These terms shall be construed and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and each party further consents to exclusive jurisdiction of the courts of Ontario. These terms will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns. If any provision of these terms is held to be invalid or unenforceable to any extent, then the remainder of these terms will have full force and effect.