DISCLAIMER
1.Introduction
(a) This Disclaimer specifies the scope of rights and obligations that may be
exercised and enforced against users of the websites www.ontario.ca/siteselection and www.ontario.ca/selectionemplacements,
including any information, data, metadata, map documents, and reports generated from the web sites (collectively the "Site").
(b) It is an update and revision of the previous Terms of Use and is effective as of February 7, 2011.
2.Information on the Site
(a) The Site is meant to be a flexible and dynamic search tool designed to help site selectors;
as it showcases investment properties, infrastructure, location advantages and workforce statistics within a single application.
However, this Site is for information purposes only. It is not intended to provide investment advice and should not be relied on in that regard.
Reliance upon this Site shall be at your own risk. All information should be verified independently before being used or relied upon.
The geographic information system is not a plan of survey nor a topographical survey. Use of this Site for other than general location and
information shall not preclude field verification and/or utility locators to confirm the location.
(b) The Province of Ontario (“Ontario”) does not guarantee the quality, accuracy, completeness or timeliness of the Site.
Ontario assumes no obligation to update the Site or advise on further developments. You hereby acknowledge that Ontario and its suppliers are not required to provide any updates, fixes, new versions, new releases, new data, new information, maintenance and/or support of any kind for the Site. Access to this Site is provided on an “as is” basis. You should not assume that the Site will
operate without interruption or error.
(c) Ontario disclaims all warranties, representations and conditions regarding use of the Site including all implied warranties or conditions
of merchantability, fitness for a particular purpose, non-infringement, whether express or implied or arising from a course of dealing, usage or trade practice.
(d) Ontario is not responsible for any direct, indirect, special or consequential damages or any other damages whatsoever and howsoever
caused, arising out of or in connection with the use of the Site or in reliance on the Site, including any loss of use, lost data,
lost business profits, business interruption, personal injury or any other pecuniary loss, whether the action is in contract, tort
(including negligence) or other cause of action even if Ontario has been informed of the possibility thereof. Ontario disclaims any
liability for unauthorized use or reproduction of any portion of the Site.
3. Prohibited
Uses
(a) The content of this Site shall not be reused for commercial profit and gain.
(b) You may not modify, distribute, photocopy, reproduce, publish, license or create derivative works from this Site or any part thereof.
You may not, link to or frame this Site or any part thereof in another website, or use this Site or any part thereof on any other website.
The foregoing prohibition expressly includes, but is not limited to, the practice of screen scraping, database scraping, data mining or any
such practice or activity; the purpose of which is to obtain data or portions thereof, from the Site, in any manner or any quantities not
expressly authorized hereunder.
(c) Your use of this Site will not violate any applicable local, municipal, provincial, state, federal, national, international or other
laws, including but not limited to any regulations having the force of law.
4. Licence
and Ownership
(a) All rights including copyright in this Site and all of the information and materials
found thereon belong to the Queen’s Printer of Ontario or other parties that have licensed their materials to Ontario,
and is protected by Canadian and international copyright laws.
(b) Any trademarks, logos, service marks, official marks or other marks displayed on this Site are the property of Her
Majesty the Queen in right of Ontario and nothing on this Site is to be construed as granting, whether by implication,
estoppel or otherwise, any licence or other right to use any such trademarks, logos, service marks, official marks or
other marks without the prior written consent of the owner.
(c) Any rights not expressly granted in this Disclaimer are expressly reserved.
5. Indemnity
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Her Majesty the Queen in right of Ontario, her Ministers, directors, officers, agents, appointees, and employees from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of this Disclaimer; or (ii) your use of this Site.
6. Confidentiality
Warning
Although Ontario takes all reasonable measures to maintain the security of this Site,
the internet is not a secure medium and security and privacy cannot be ensured. Ontario will not be responsible for any damages
you may suffer as a result of transmitting confidential information through the internet, or implicitly or explicitly authorizing
Ontario or others to send confidential information to you in this manner.
7. Choice
of Law
The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern the interpretation, validity and effect of this Disclaimer despite any conflict of laws provision of your domicile, residence of physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this Disclaimer or your use of this Site.
8. General
(b) If any term or condition of this Disclaimer, or the application thereof to any persons or circumstances, is to any extent invalid or
unenforceable, the remainder of this Disclaimer, and the application of such term or condition to persons or circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected thereby, and the invalid or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the intent of the original provision.
(c) The headings in the Disclaimer are for convenience of reference only and in no manner modify, interpret or construe the Disclaimer.
(d) Any inquiries regarding the Site can be addressed to siteselection@ontario.ca
9. Acceptance
of Disclaimer
If you do not agree to this Disclaimer,
please click on the ‘exit’ button below and immediately discontinue any use of this Site. If you agree to with the Disclaimer,
please indicate your acceptance by clicking on the ‘I Accept’ button below. By clicking on the ‘I Accept’ button below, you acknowledge
that you have read, understood and agree to be bound by this Disclaimer.