TERMS OF USE

 

 

Copyright © 2006 Independent Electricity System Operator

 

 

Terms and Conditions

 

This site is owned and operated by the Independent Electricity System Operator (IESO). By using this site, you agree to the following terms and conditions. The IESO may revise and update the terms and conditions at anytime and without notice. You should review the terms and conditions posted on the Web site periodically.

 

Posted Documents

 

This Web site may contain certain documents that are subject to their own terms and conditions (posted documents).  All posted documents will be subject to these terms of use, except to the extent that the terms and conditions contained in the posted document are inconsistent with these terms of use, in which case the terms and conditions of the posted document will prevail to the extent of the inconsistency.   

 

Intellectual Property Rights

 

Unless otherwise expressly stated in respect of specific information in this Web site, all information in this Web site is Copyright © 2006 Independent Electricity System Operator, all rights reserved.

 

If you use or reproduce any information in this Web site you must include with all such information the following, “Copyright © 2006 Independent Electricity System Operator, all rights reserved. This information is subject to the general terms of use set out in the IESO’s Smart Metering System Implementation Program Web site (http://www.smi-ieso.ca).”

 

Disclaimer and Limitation of IESO’s Liability

 

Your use of this Web site is exclusively at your own risk. IESO and its directors, officers, employees, agents and representatives (collectively, the “IESO Group”) assume no responsibility whatsoever for the availability, accuracy, completeness or currency of any part of, or information in, this Web site. IESO and each member of the IESO Group have no obligation, and disclaim any duty, to update or correct any part of, or information in, this Web Site. IESO PROVIDES THIS WEB SITE, INCLUDING ALL THE INFORMATION IN THIS SITE, SOLELY ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER IESO NOR ANY MEMBER OF THE IESO GROUP PROVIDES ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE WHATSOEVER RESPECTING THIS WEB SITE, INCLUDING: (a) ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE THAT ANY PART OF, OR INFORMATION IN, THIS WEB 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 IESO OR ANY MEMBER OF THE IESO GROUP BE LIABLE, IN RESPECT OF THIS WEB 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; (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 IESO OR A MEMBER OF THE IESO GROUP HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES; (c) PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES; OR (d) CONTRIBUTION OR INDEMNITY.

 

You will indemnify and hold harmless IESO and each member of the IESO 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 Web 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.

 

Hyperlinks

 

This Site may contain hyperlinks or pointers to other sites located on servers maintained by third parties over which IESO has no control. Accordingly, your use of any such other sites is entirely at your own risk and IESO assumes no responsibility whatsoever for any use of any such site. None of the hyperlinks or pointers to such other sites implies that IESO authorises, endorses or sponsors any such other site or any information in any such other site.

 

If you create a link to this Site, you may not: (a) state or imply that IESO authorises, 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 IESO or (c) use any IESO trade-marks, service marks, trade names, copyright or other proprietary or intellectual property rights of IESO (including for metalinking purposes) without IESO’s prior written consent.

 

Internet software or computer viruses

 

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from the Web site. The IESO shall not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software.

 

Governing Law and Forum

 

The laws of Ontario and the laws of Canada applicable in Ontario will govern your use of this Web site and any suit, action or other proceeding, or dispute or other controversy respecting this Web 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 Web site for any matter whatsoever. You may not commence any suit, action or other proceeding in respect of this Web site for any matter whatsoever, except in Toronto, Canada.