Terms and Conditions
1. Use of this Website. This website
is owned and operated by 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.
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