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Terms of Use

1.             INTRODUCTION AND ACCEPTANCE

Welcome to the website of Guelph Hydro Electric Systems Inc. ("Guelph Hydro", "We" or "Us"). These terms of use ("Terms of Use") contain the legal terms and conditions that govern your use of any website, web page or mobile site operated or provided by Guelph Hydro (each a "Guelph Hydro Website" and, collectively, "Guelph Hydro Websites") including, without limitation,  www.guelphhydro.com. These Terms of Use apply to all Guelph Hydro websites that reference these Terms of Use.

By using a Guelph Hydro Website, you agree, without limitation or qualification, to be bound by these Terms of Use and such other additional or alternative terms, conditions, rules and policies including, without limitation, the Privacy Policy (as defined below), which are displayed or to which you may be directed in connection with any particular Guelph Hydro Website or any of the services available on a Guelph Hydro Website, all as may be modified by Guelph Hydro from time to time in its sole discretion.

If you do not agree to these terms of use, then you must discontinue accessing and/or using all Guelph Hydro Websites.

Guelph Hydro may modify these Terms of Use at any time, without notice and in its sole discretion. Your continued use of Guelph Hydro Websites after any modification to the Terms of Use will constitute your acknowledgement and acceptance of the Terms of Use as modified. Please consult the Terms of Use regularly.

 

2.             PRIVACY

You can view Guelph Hydro's privacy policy (the "Privacy Policy") here: Privacy Policy which is incorporated herein by reference. The Privacy Policy provides your rights and Guelph Hydro responsibilities with regard to Guelph Hydro's collection, use and disclosure of your personal information. We will not use your personal information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

 

3.             ACCESS AND USE

Subject to these Terms of Use, you may use the Guelph Hydro Websites as a "Visitor" (which means you are just browsing a Guelph Hydro Website and are not accessing features or services that require you to have an account registered with Us) or a "Registered User" (which means you have registered for an account to use certain features or services available on a Guelph Hydro Website and have agreed to be bound by the terms, conditions, rules, policies or agreements that are applicable to your use of such features or services).

 

4.             GUELPH HYDRO WEBSITE CONTENT

We do not represent that any of the content or materials presented on the Guelph Hydro Websites are appropriate or available for use in other locations or jurisdictions. If you access Guelph Hydro Websites from a jurisdiction other than Canada, you agree that you do so on your own initiative, and are responsible for compliance with local laws.Guelph Hydro shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions or other defect in, the information contained within any Guelph Hydro Website.

 

5.             MODIFICATION

Guelph Hydro reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any Guelph Hydro Website or any part thereof, with or without notice. Guelph Hydro shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Guelph Hydro Website. Guelph Hydro may establish general practices and limits concerning use of Guelph Hydro Websites.

 

6.             GUELPH HYDRO INTELLECTUAL PROPERTY

Guelph Hydro reserves all rights not granted in and to the content and materials available on the Guelph Hydro Websites. All materials available through Guelph Hydro Websites, including, but not limited to, text, images, illustrations and other data, are protected by copyrights which are owned or licensed by Guelph Hydro. You may not reproduce, perform, create derivative works from, republish, transmit, or distribute in any way whatsoever any materials from the Guelph Hydro Websites without the prior written permission of Guelph Hydro.

 

7.             INDEMNIFICATION

You agree to indemnify and hold harmless each of the Guelph Hydro entities and their respective officers, directors, employees, from and against any and all claims, demands, expenses (including, but not limited to, reasonable legal fees), damages, causes of action, obligations, liabilities, losses and costs or debt arising out of, or asserted in connection with: (i) your connection to, access or use of any Guelph Hydro Websites; (ii) your violation of these Terms of Use; or (iii) your violation of the rights of any other person or entity.

 

8.             DISCLAIMER

You agree that your use of all Guelph Hydro Websites shall be at your own and sole risk. The Guelph Hydro Websites are provided on an "as is" and "as available" basis for your use. To the fullest extent permitted by law, Guelph Hydro expressly disclaims all, and makes no, representations, warranties, conditions or undertakings of any kind, whether express or implied, in connection with the Guelph Hydro Websites including, but not limited to, implied warranties of merchantability, fitness for a particular or general purpose, quality, title, and non-infringement. Guelph Hydro does not warrant that any errors or defects in the Guelph Hydro Websites will be corrected, and do not assume responsibility for the conduct of any users of the Guelph Hydro Websites, whether online or offline.

 

9.             LIMITATION OF LIABILITY

You agree that under no circumstances will any of the Guelph Hydro entities or their respective officers, directors, employees or agents, be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever, even if We have been advised of the possibility of such damages, whether based on warranty, contract, tort, or any other legal theory, and whether arising by law, statute, usage of trade, custom, course of dealing or performance, or the parties' conduct or communication with one another, or as a result of the nature of these Terms of Use or in conformity with usage, equity or law or otherwise, arising out of or in connection with the Guelph Hydro Websites including, but not limited to, any: (a) use, inability to use or performance of any of the Guelph Hydro Websites; (b) errors, mistakes, or inaccuracies of content of or software underlying any of the Guelph Hydro Websites; (c) bugs or viruses which may be transmitted to or through any of the Guelph Hydro Websites; (d) interruption or cessation of service or of transmission of the any of the Guelph Hydro Websites; and/or (e) unauthorized access to or use of Guelph Hydro's or its contractors' secure servers.

 

10.           THIRD PARTY WEBSITES AND LINKS

Guelph Hydro Websites may contain links to or the content of/from third party websites (collectively, "Third Party Websites"). Third Party Websites are not owned or controlled by Guelph Hydro, therefore Guelph Hydro has no control over any domain name, products, services, materials or other information in or available through Third Party Websites. We assume no responsibility for any Third Party Website including, but not limited to, any content within on or available at a Third Party Website. You agree that You assume all risk when accessing any Third Party Websites, and release Guelph Hydro from any and all liability resulting from the access and/or use of Third Party Websites. Access to any Third Party Websites through Guelph Hydro Websites, regardless of whether a Third Party Website is linked from any Guelph Hydro Websites, is entirely at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. Guelph Hydro makes no representation, warranty, condition or undertaking regarding, nor endorses, any Third Party Websites.

 

11.           SECURITY

Guelph Hydro reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Guelph Hydro to disclose the identity of anyone posting any e-mail or other messages, or publishing or otherwise making available any other user-generated content that is believed or alleged (reasonably or not) to violate these Terms of Use or any law or regulation. You acknowledge and agree that Guelph Hydro may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting you in this regard.

  

12.           SUBMISSION OF IDEAS OR SUGGESTIONS

Guelph Hydro is always improving the Guelph Hydro Websites and its services and developing new features. If you have ideas or suggestions regarding improvements or additions, Guelph Hydro would like to hear them, however any submission will be subject to these Terms of Use. Please email ideas, suggestions or comments to our Webmaster. Guelph Hydro does not, however, desire that you send post or upload any information that is confidential or proprietary to you or to any other person or company. By submitting comments, messages, suggestions, ideas, concepts or other information (collectively, "Submissions") to Guelph Hydro, you thereby (a) represent and warrant that none of the Submissions are confidential or proprietary to you or to any other person; and (b) grant Guelph Hydro and its affiliates an irrevocable, perpetual, royalty-free, non-exclusive, unrestricted, worldwide license to: use, copy, publish, transmit, perform and display the Submissions for any purpose; create derivative works from such Submissions; and implement and use the Submissions and any suggestions, concepts or ideas contained therein without compensation to you. Furthermore, you agree that Guelph Hydro is not responsible for the confidentiality of the Submissions.

 

13.           GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regards to conflict of laws principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, without regards its principles of conflict of laws.

 

14.           GENERAL PROVISIONS

These Terms of Use, and any rights or licenses granted or waived herein, may not be transferred or assigned by you, but may be assigned by Guelph Hydro without restriction. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Use. The failure of Guelph Hydro to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.

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