Terms and Conditions
1. Use of this Website. This website is owned and operated by the
OCRI for your personal non-commercial use and information. Your
use of this website is subject to the following terms and all applicable
laws. By accessing and browsing this website, you accept, without
limitation or qualification, these terms. If you do not agree with
any of the terms, please do not use this website. Material on this
website may not be copied, reproduced, republished, uploaded, posted,
transmitted, posted, distributed or modified in whole or in part,
whether in text, graphical, audio, video or executable form, except
with written permission of OCRI. You are responsible to ensure that
your access to this website and material available on or through
it are legal in each jurisdiction in or through which you access
or view the site or such material.
2. Exclusion of Warranties. OCRI makes no representation or warranty
regarding the functionality or condition of this website, its suitability
for use, or that its use will be uninterrupted or error-free. ALL
MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU "AS
IS" WITHOUT WARRANTIES OF ANY KIND. OCRI AND ITS LICENSORS
DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR
CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The information and materials on this website are not intended to
provide specific technical, financial, tax, legal, business, accounting
or other advice for your individual circumstances, and you should
consult your own professional advisors to determine how any information
or materials provided on this website apply to your individual circumstances.
These exclusions are in addition to any specific exclusions otherwise
provided in these terms and conditions. To the extent the jurisdiction
to which you are subject does not allow exclusion of certain warranties,
such exclusions which are not permitted do not apply.
3. Limitation Of Liability. OCRI OR ITS LICENSORS WILL NOT BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR
USE OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND,
DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS,
DATA, BUSINESS OR GOODWILL, WHETHER BASED IN CONTRACT OR IN TORT
OR OTHER LIABILITY TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY.
THIS LIMITATION APPLIES WHETHER OR NOT OCRI HAS BEEN ADVISED OR
IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY
OF OCRI AND ITS LICENSORS FOR DAMAGES UNDER OR RELATED IN ANY WAY
TO THESE TERMS AND CONDITIONS, WHETHER FOR A SINGLE OCCURRENCE OR
SERIES OF OCCURRENCES, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO
OCRI PURSUANT TO THESE TERMS AND CONDITIONS. This limitation on
monetary damages will not apply to claims relating to death or personal
injury which arise out of products deemed to be consumer goods under
applicable law. Your sole and exclusive remedy is to discontinue
using and accessing this website. To the extent the jurisdiction
to which you are subject does not allow certain other limitations,
such limitations which are not permitted do not apply.
4. Ownership and Confidentiality. Material on this website, including
but not limited to text, images, illustrations, software, audio
clips and video clips, is owned or otherwise provided by OCRI, and
OCRI does not represent or warrant that such material does not infringe
the rights of any other person or entity. You acknowledge that information
or material which you provide electronically through your access
to or usage of this website is not confidential or proprietary and
acknowledge that unprotected e-mail communication over the Internet
is subject to possible interception, alteration or loss. You also
acknowledge that any information or materials which you provide
electronically through your access to or usage of this website does
not infringe the rights of any person or entity, and may be used
in whole or in part in any manner by OCRI including, but not limited
to, reproduction, retransmission, publication of such information
or material or ideas, concepts or other know-how contained therein
for the commercial purposes of OCRI or disclosure of your identity.
Trademarks, logos and service marks (collectively, "Marks")
displayed on this website are registered or unregistered Marks of
OCRI or others, are the property of their respective owners, and
may not be used without written permission of the applicable owner
of such Marks. Any information or material contained on this website
which may be reproduced pursuant to these terms must bear the proprietary
rights notices which originally appear on or in conjunction with
such information or material.
5. Monitoring. OCRI may monitor access to, discussions and postings
on and other activities relating to the site, and intervene in relation
thereto but does not make any representation or warranty that it
will do so. You consent to any such monitoring and intervention
in the event OCRI elects to do so.
6. Links. Links and references to other websites are provided to
you as a convenience only. OCRI has not reviewed and does not expressly
or impliedly endorse other websites or any information or material,
or the accessibility thereof, via such links, and does not assume
any responsibility for any such other websites, information or material
posted thereon, or products or services offered thereon. You may
not create links from other websites to this website, except if
expressly permitted by OCRI (to obtain permission, contact our webmaster
at webmaster@ocri.ca).
7. Bulletin Boards and Chat Areas. This website may include bulletin
boards and chat areas which allow feedback to OCRI and users, and
real-time interaction between users. OCRI does not control the messages,
information or files delivered to Bulletin Boards or Chat Areas,
unless otherwise noted therein. However OCRI reserves the right
at all times to monitor, edit, refuse to post or to remove any information
or materials, in whole or in part, that in OCRI's sole discretion
are objectionable or in violation of any of the terms contained
herein, and to deny any user access to the website. Users accessing
the Bulletin Boards or Chat Areas agree not to:
a) restrict or inhibit any other user from using and enjoying the
Bulletin Boards or Chat Areas;
b) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information
of any kind,or any blatant expression of bigotry, racism, hatred
or harassment, including without limitation any transmission constituting
or encouraging conduct that would constitute a criminal offence,
give rise to civil liability or otherwise violate any local, provincial,
federal or foreign law;
c) post or transmit or in any way exploit any information, software
or material for commercial purposes or which contains solicitations
for sales or purchases, advertising, promotion or marketing; or
8. Software. Any software available for downloading through this
website is provided by third party software vendors pursuant to
license agreements or other arrangements between such vendors and
end-users. OCRI does not sell, resell, or license or sub-license
any such software, and OCRI disclaims any responsibility or liability
related to the software. Any questions, complaints or claims related
to the software should be directed to the appropriate vendor. Your
are solely responsible for adequate protection and backup of the
data and equipment used in connection with any of the software downloaded
through this website. [In the event of any express inconsistency
between these terms and those contained in any license agreement
with a software vendor, the terms contained in the license agreement
shall prevail.]
9. Accuracy of Information. While OCRI may update the information
or materials on this website from time to time, no assurance is
given that information or material on this website is up-to-date,
accurate, error-free or complete.
10. Viruses, etc. OCRI does not represent or warrant that the information
or materials, including without limitation any downloadable software,
accessed from or through this website will be uninterrupted or free
of errors, defects, viruses or other harmful components, or that
any such problems which are discovered will be corrected.
11. Damage to Others. You agree not to introduce into or through
this website any information or materials which may be harmful to
others. Among other things, you agree not to knowingly or otherwise
include any error or defect in material or information which may,
among other things, be a libel, slander, obscenity, or promote hatred
or otherwise give rise to a criminal offense or civil liability
on the part of any person or entity.
12. Reserve of Rights. All rights not expressly granted in these
terms are reserved to OCRI. Nothing contained in these terms shall
be construed as conferring by implication, estoppel or otherwise
any license or right under any copyright, patent, trademark or other
intellectual right of OCRI or any other person or entity.
13. Governing Law. This site is controlled and operated by OCRI
from Ottawa, Ontario and these terms shall be governed by the laws
of Ontario and the applicable laws of Canada without reference to
principles of conflict of laws. You agree to be bound by such laws
and to submit to the jurisdiction of the courts of the Province
of Ontario in connection with the interpretation or application
of these terms.
14. Changes to Terms. OCRI may modify, alter or otherwise update
the terms applicable to this website from time to time without notice,
and you agree to be bound by such terms as are in effect at the
applicable time at which you access the OCRI website.
15. Jurisdiction. This website is controlled and operated by OCRI
from Ottawa, Ontario. OCRI makes no representation that materials
on the website are appropriate or available for use in other locations.
Those who choose to access this website from other locations do
so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
16. Survival. These terms and conditions apply while you are accessing
the website and remain in effect thereafter, subject to section
14. In the event this website is no longer accessible to you, the
provisions as set out in section 2, 3 and 4 of these terms and conditions
shall survive thereafter. |