AGREEMENT TO TERMS
OPG is providing you with access to this Site on the terms (these “Terms”) set out below. These Terms govern the use of this Site.
By using this Site:
(a) if you are using this Site on your own behalf, you acknowledge that you have read and understand these Terms and that you agree to be bound by these Terms; and
(b) if you are using this Site on behalf of your employer, you acknowledge, on behalf of your employer, that you have read and understand these Terms and that you, acting on behalf of your employer, agree to be bound by these Terms. You represent and warrant to OPG that you have the authority to bind your employer to these Terms. If you are using this Site on behalf of your employer, all further references to you or your in these Terms are deemed to refer to your employer who is bound by these Terms.
YOUR USE OF THE SITE
(a) represent and warrant to OPG that you understand and accept the risks respecting the use of this Site;
(b) represent and warrant to OPG that you are capable of assuming, and do exclusively assume, all such risks;
(c) represent and warrant to OPG that there is no fiduciary relationship between you and OPG;
(d) acknowledge and agree that OPG is not acting as an advisor to you in any capacity whatsoever(unless under a separate written and signed agreement between you and OPG);
(e) acknowledge and agree that nothing in this Site or these Terms will be construed as constituting either you or OPG as the agent, partner, joint venturer or other representative of the other party; and
(f) acknowledge and agree that you are exclusively responsible for compliance with all applicable laws, statutes, regulations, by-laws, rules, codes and treaties both in Ontario and in the jurisdiction from which you access this Site.
OPG invites you to advise us of concerns relating to the Site, however, OPG assumes no responsibility to resolve any problems or to correct any inaccuracies or defects in the content or in the Site.
OPG may, at any time and in its sole discretion, restrict, suspend or terminate your access to this Site, in whole or in part, without notice to you.
The Site may contain forward-looking information, within the meaning of the United States Private Securities Litigation Reform Act of 1995, with respect to OPG’s operations and future results. Such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of OPG and/or commercial sectors in which it operates to be materially different from future results, performance or achievements expressed or implied by these forward-looking statements.
OPG disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
This Site may contain hyperlinks or pointers to other sites located on servers maintained by third parties over which OPG has no control. Accordingly, your use of any such other sites is entirely at your own risk and OPG assumes no responsibility whatsoever for any use of any such site. None of the hyperlinks or pointers to such other sites implies that OPG authorizes, endorses or sponsors any such other site or any information in any such other site.
DISCLAIMER AND LIMITATION OF OPG’S LIABILITY
Your use of this Site is exclusively at your own risk. OPG, OPG’s subsidiaries, and all of each such corporation’s shareholders, directors, officers, employees, agents and representatives (collectively, the “OPG Group”) assume no responsibility whatsoever for the availability, accuracy, completeness or currency of any part of, or information in, this Site. OPG and each member of the OPG Group have no obligation, and disclaim any duty, to update or correct any part of, or information in, this Site. OPG PROVIDES THIS SITE, INCLUDING ALL THE INFORMATION IN THIS SITE, SOLELY ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER OPG NOR ANY MEMBER OF THE OPG GROUP PROVIDES ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE WHATSOEVER RESPECTING THIS SITE, INCLUDING: (a) ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT ANY PART OF, OR INFORMATION IN, THIS SITE IS AVAILABLE, ACCURATE, COMPLETE, CURRENT OR FREE FROM VIRUSES OR OTHER DESTRUCTIVE FEATURES; OR (b) ANY IMPLIED REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE OR NON-INFRINGEMENT OF ANY RIGHT OF ANY THIRD PARTY.
IN NO EVENT WHATSOEVER WILL OPG OR ANY MEMBER OF THE OPG GROUP BE LIABLE, IN RESPECT OF THIS SITE, FOR ANY MATTER WHATSOEVER, TO ANY INDIVIDUAL, PARTNERSHIP, CORPORATION OR COMPANY, WITH OR WITHOUT SHARE CAPITAL, TRUST, FOUNDATION, JOINT VENTURE, GOVERNMENTAL AUTHORITY OR ANY OTHER INCORPORATED OR UNINCORPORATED ENTITY OR ASSOCIATION OF ANY NATURE FOR: (a) DIRECT DAMAGES IN EXCESS OF $100; (b) INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF ACTUAL OR ANTICIPATED REVENUE OR PROFITS, LOSS OF GOODWILL, LOSS OR DAMAGE TO DATA OR ANY OTHER INFORMATION, FAILURE TO REALISE EXPECTED SAVINGS OR LOSS OF USE ARISING IN RESPECT OF THE USE OF, OR RELIANCE ON, ANY PART OF, OR INFORMATION IN, THIS SITE OR ANY OTHER SITE WHICH THIS SITE CONNECTS TO BY A HYPERLINK OR POINTER OR FOR ANY OTHER ECONOMIC LOSS WHATSOEVER), EVEN IF OPG OR A MEMBER OF THE OPG GROUP HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES; (b) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES; OR (c) CONTRIBUTION OR INDEMNITY.
You will indemnify and hold harmless OPG and each member of the OPG Group from and against all fines, penalties, claims, demands, liabilities, damages, costs and expenses on a dollar for dollar full indemnification basis (including lawyer’s fees and expenses) arising in respect of: (a) your use of this Site; (b) any breach by you of any of these Terms; (c) your failure to comply with any applicable laws, statutes, regulations, by-laws, rules, codes or treaties; or (d) any of your intentional wrongdoings.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise expressly stated in respect of specific information in this Site, all information in this Site is
Copyright © 2000 - 2013 Ontario Power Generation Inc., all rights reserved.
Except as set out in the previous paragraph, you may not use, copy, publish, reproduce, distribute, disseminate, transmit, download, display (including by way of mirroring, inline linking or framing) or post any information from this Site without OPG’s prior written consent and you may not create derivative works based on any information in this Site or use any information in this Site to improve competing works.
If you create a link to this Site, you may not: (a) state or imply that OPG authorizes, endorses or sponsors any of the goods, services or other information in the other site; (b) misrepresent the relationship, if any, between the other site and OPG; or (c) use any OPG trade-marks, service marks, trade names, copyright or other proprietary or intellectual property rights of OPG (including for meta-linking purposes) without OPG’s prior written consent.
Nothing in this Site constitutes, or will be deemed to constitute, a solicitation, offer, invitation or recommendation to invest, or otherwise deal, in securities of OPG.
GOVERNING LAW AND FORUM
The laws of Ontario and the laws of Canada applicable in Ontario will govern your use of this Site and any suit, action or other proceeding, or dispute or other controversy respecting this Site. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario in respect of any suit, action or other proceeding made or brought by you in respect of this Site for any matter whatsoever. You may not commence any suit, action or other proceeding in respect of this Site for any matter whatsoever, except in Toronto, Canada.
Unless otherwise specified in these Terms, words importing the singular include the plural and vice versa and words importing gender include all genders. The term “including” means “including without limitation”. If any term in these Terms is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that term will not affect: (a) the legality, validity or enforceability of the remaining terms of these Terms; or (b) the legality, validity or enforceability of that term in any other jurisdiction. These Terms, constitute the entire agreement between OPG and you with respect to the use of this Site and supersedes all prior terms, agreements, discussions, undertakings, representations, warranties, conditions, guarantees and understandings, whether written or verbal. These Terms ensure to the benefit of and bind OPG and you and, to the extent applicable, each of our respective heirs, executors, administrators, personal and legal representatives, successors and assigns.