TERMS OF USE

Please read these Terms of Use carefully before accessing this website (“Website”). By accessing the Website, you are agreeing to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, do not use the Website. Ontario One Call reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time without notice and you agree to be bound by such modifications, alterations or updates. Such modifications, alterations or updates shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, by posting on this Website, electronic or conventional mail. Your use of this Website following any such notice constitutes your agreement to follow and be bound by the Terms of Use as modified. If at any time these Terms of Use are no longer acceptable to you, you should immediately cease all use of this Website. Ontario One Call reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Website at any time for any reason without prior notice to you and without any liability to you for doing so.

  1. Copyright and Trade-mark. You acknowledge that any and all materials on the Website, including, but not limited to, information, content, reports, products, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names, images, illustrations, programming, site design, and all other content, and the selection, organization, functionality, performance and arrangement of the foregoing (each individual, and, collectively, the “Materials”), are protected by applicable copyrights and trade-marks which are owned and controlled by Ontario One Call or by other parties that may have licensed their material to Ontario One Call. Materials from the Website or from any other website owned, operated, licensed or controlled by Ontario One Call may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the Materials or use of the Materials for any other purpose is a violation of the copyrights and other proprietary rights. Unless expressly provided otherwise, the use of any such Materials on any other website or networked computer environment is prohibited.
  2. Use Licence. Ontario One Call grants you permission to temporarily download one copy of the Materials on the Website for personal, non-commercial transitory viewing only. This is the grant of a licence, not a transfer of title. This licence shall automatically terminate if you violate any of these Terms of Use and may be terminated by Ontario One Call at any time at its sole discretion. On terminating your viewing of the Materials or on the termination of this licence, you must destroy any Materials in your possession whether in electronic or printed format.
  3. User Conduct. You agree that you will not:
    1. distribute the Materials for any purpose including, without limitation, compiling an internal database;
    2. use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. post or transmit to the Website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
    4. use the Website in any manner which could damage, disable, overburden or impair this Website;
    5. interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked sites;
    6. disrupt or interfere with any other person’s use and enjoyment of this Website or affiliated or linked sites;
    7. upload, post or otherwise transmit on this Website any viruses or other harmful, disruptive or destructive files or computer programs;
    8. use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the Materials contained at this Website;
    9. use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or affiliated or linked sites;
    10. take any action which imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
    11. transmit on this Website spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
    12. attempt to obtain unauthorized access to this Website or portions of this Website which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Website;
    13. attempt to decompile, create derivative works of, reverse engineer, disassemble, imitate, adapt, translate, copy, transmit, arrange, modify, bundle, sell, sub-license, export, merge, transfer, host, make available to any person or otherwise use, either directly or indirectly, the Materials in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; and
    14. remove any copyright, trade-mark, or other proprietary notations from the Materials.
  4. DISCLAIMER. THE MATERIALS FROM OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ONTARIO ONE CALL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, AND THOSE ARISING BY STATUTE, AT LAW, IN EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ONTARIO ONE CALL AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SUCH MATERIALS. FURTHER, ONTARIO ONE CALL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, AVAILABILITY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS WEBSITE OR OTHERWISE RELATED TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS WEBSITE. ONTARIO ONE CALL DOES NOT WARRANT THAT THE WEBSITE AND ITS CONTENT WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVER ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ONTARIO ONE CALL DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS WEBSITE OR ANY HYPERLINKED WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR RELIANCE ON, THIS WEBSITE AND MATERIALS ACCESSED THROUGH THIS WEBSITE, IS AT YOUR SOLE RISK. ADVICE AND MATERIALS RECEIVED THROUGH THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
  5. Limitations. To the maximum extent permitted by law, in no event will Ontario One Call be liable to any party for any direct, indirect, punitive, special, consequential, exemplary, incidental or other damages whatsoever (including, without limitation, damages for harm to business, loss of revenue, loss of profits, loss of data, loss of confidential information, loss of privacy, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) arising out of or in any way related to the use or inability to use this Website or the information, content, Materials, services or products included on, or accessed through, this Website, or on any other hyperlinked website, even if Ontario One Call or an authorized representative is expressly advised orally or in writing of the possibility of such loss or damages or could reasonably foresee such loss or damages occurring. As some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
  6. Indemnification.  You agree to indemnify, defend and hold harmless Ontario One Call from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of this Website by you or any other person, whether or not authorized by you, (ii) your breach of these Terms of Use, and (iii) your violation of any law or the rights of Ontario One Call or any third party arising out of your use of or inability to use this Website, its content, the Materials, any hyperlinked website, and any of the products and services that may be made available on this Website. Ontario One Call reserves the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with Ontario One Call’s and its designees’ defence of these claims, demands and actions.
  7. Links. The Website may contain links to other sites. Ontario One Call does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. A link to another website should not be construed to mean Ontario One Call is affiliated or associated with same. Ontario One Call does not recommend or endorse any of the content, including without limitation, any hyperlinks to or content found, on other websites.
  8. Use of Information. Subject to Ontario One Call’s Privacy Policy [Click Here], you hereby grant to Ontario One Call the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license, with the right to sub-license, to use, reproduce, modify, display, transmit and assign all information or other content you provide on or through this Website or which is sent to Ontario One Call by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. You represent and warrant that any submission you provide to Ontario One Call will be complete and accurate. You acknowledge that you are responsible for the information and content that you provide, and that you, not Ontario One Call, have full responsibility for the submissions, including their legality, reliability, appropriateness, originality and copyright. You further recognize that Ontario One Call does not want you to, and you warrant that you will not, provide any information or materials to Ontario One Call that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporate the proprietary or confidential material of another. Ontario One Call does not prescreen or monitor any submissions as a matter of policy. Ontario One Call reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
  9. Account and Password Security.  Some parts of this website may require you to enter a password and account designation upon completion of a registration process.  If this applies to you, you are entirely responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your password and account.  You agree to notify Ontario one Call immediately of any unauthorized use of your password or account or any other breach of security.  Ontario One Call will not be liable for any loss or damage that you may suffer as a result of someone else using your password or account.
  10. International Users.  Ontario One Call makes no claims that this Website and the Materials may be lawfully viewed or downloaded outside of Canada. Access to the Website and the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, if and to the extent that local laws are applicable. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
  11. Governing Law. Any claim relating to the Website shall be governed by the laws of the Province of Ontario. Where a dispute arises between you and Ontario One Call, you agree to submit the dispute to arbitration, which shall take place in Toronto and the rules governing such arbitration shall be as provided under Ontario’s Arbitration Act, 1991 (Ontario) or any successor legislation.