1. ACCEPTANCE. This Terms of Use Agreement (“Agreement“) is a legal agreement between you and Information and Communications Technology Council (ICTC) of Canada Inc. (“ICTC“), the owner and operator of this Website (the “Website“). It states the Terms and Conditions under which you may access and use the Website. By accessing and using the Website, you are indicating your acceptance to be bound by the Terms and Conditions of this Agreement. If you do not accept these Terms and Conditions, you must not access or use the Website. ICTC may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

 

  1. OWNERSHIP OF CONTENT. All materials displayed or otherwise accessible through this Website, including but not limited to text, graphics, videos, photos, trade-marks, logos and other materials  (collectively, “Content“) are protected by copyright and trade-mark laws, and are owned by ICTC and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its Content, whether in whole or in part, is prohibited without the express prior written consent of ICTC.

 

  1. LIMITED LICENCE. Subject to the Terms and Conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive licence to access, view and use the Website for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.

 

  1. LINKS. The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by ICTC of the contents of such third-party websites. ICTC is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party website, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party websites, and (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components.  You also understand and agree that ICTC’s Privacy Policy is applicable only while you are using the Website. Once you are linked to another website, you should read the privacy policy of that website before disclosing any Personal Information (as defined in the Privacy Policy).

 

  1. LIMITATION OF LIABILITY. Subject to applicable law, in no event shall ICTC, or its directors, officers, employees, consultants, agents or licensors (“ICTC Released Parties”) be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Website or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if ICTC knew of or ought to have known of the possibility of such damages.

 

  1. DISCLAIMER OF WARRANTIES. The Website and the Content is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied.  ICTC expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Website and the Content, to the fullest extent permissible under applicable law.  While ICTC endeavors to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Website and/or the Content including, without limitation, no representation or warranty that (i) the Website or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Website will be uninterrupted or error-free, (iii) that defects or errors in the Website or the Content will be corrected, (iv) that the Website will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the Website will be secure and/or not intercepted. You acknowledge and agree that you are using the Website and the Content, if applicable, at your own risk and liability.

 

  1. RELEASE AND INDEMNITY.  You hereby agree to release each of the ICTC Released Parties from, and in no event shall any or all of the ICTC Released Parties be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Website (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Website. You will indemnify and hold each of the ICTC Released Parties from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Website, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold the ICTC Released Parties harmless from and against any claims brought by third parties arising out of your use of Content from this Website.

 

  1. PRIVACY POLICY.  ICTC will treat any personal information that you submit through this Website in accordance with its Privacy Policy, as such policy may be amended from time to time by ICTC.  ICTC advises you to check the Privacy Policy on a frequent basis for changes.  You hereby consent to the use of your Personal Information by ICTC in accordance with the terms and for the limited purposes set forth in the Privacy Policy.

 

  1. SECURITY. Any information sent or received over the Internet is generally not secure. ICTC cannot guarantee security of any communication to or from the Website.  ICTC does not assume any responsibility or risk for your use of the Internet.

 

  1. PASSWORDS. Any passwords and user ID’s used for this Website are for individual business use only.  You will be responsible for the security of your password and user ID (if any).  ICTC will be entitled to monitor your password and user ID and, at its discretion, require you to change it.  If you use a password that ICTC considers insecure, ICTC will be entitled to require the password to be changed and/or terminate your account.  You further agree not to disclose your password or user ID to any other person and ICTC will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password or user ID.  You agree to notify ICTC immediately upon becoming aware of any known or suspected unauthorized use(s) of the your password or user ID  to gain access to your profile, or any breach of security, via e-mail to dac@ictc-ctic.ca if at any time your password or user ID is, or you believe it has been, lost, stolen, disclosed, or otherwise compromised.  ICTC cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

 

  1. TRADE MARKS. ICTC and the ICTC logo are trade marks of Information and Communications Technology Council (ICTC) of Canada Inc. Other names, words, titles, phrases, logos, designs, graphics, icons and trade marks displayed on the Website may constitute registered or unregistered trade marks of ICTC or third parties. While certain trade marks of third parties may be used by ICTC under licence, the display of third party trade marks on the Website should not be taken to imply any relationship or licence between ICTC and the owner of said trade mark or to imply that ICTC endorses the wares, services or business of the owner of the said trade mark.

 

  1. GOVERNING LAW AND JURISDICTION. The Website is operated by ICTC from its office within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Website.

 

  1. TERMINATION. ICTC may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the Website, at any time without notice. In the event of termination, you are no longer authorized to access the Website or the part of the Website affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Website set out in this Agreement shall survive. ICTC shall not be liable to any party for such termination.

 

  1. ENTIRE AGREEMENT. Except for any agreement in respect of Content, this is the entire agreement between you and ICTC relating to your access and use of the Website and the Content herein.

 

  1. GENERAL. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. ICTC will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by ICTC.  No delay or omission by ICTC in exercising its rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.  ICTC’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of ICTC’s right to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.