TERMS OF USE

LAST UPDATED: November 30, 2016

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

RESOURCE PRODUCTIVITY AND RECOVERY AUTHORITY (“RPRA”) makes this web site, www.rpra.ca (the “Site”) available to you subject to these Terms of Use

 

  1. ACCEPTANCE OF TERMS

By using the Site, you agree, without limitation or qualification, to be bound by and to comply with these Terms of Use.  If you do not agree, without limitation or qualification, to be bound by and to comply with these Terms of Use, promptly discontinue using the Site.

If you are given a username and/or a password for the purpose of accessing certain features of the Site or participating in certain activities run on or through the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that that password is kept confidential.  If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform RPRA immediately. You will be asked to suggest one or more usernames when you register with the Site.  Please note that the assignment of a username to you is in RPRA’s sole discretion.  As well, RPRA may, at any time, change any username or password assigned by RPRA to you. RPRA will notify you when it does so.

  1. CONTENT AND COPYRIGHT

The contents of the Site, including any and all information, content, links, reports, data, databases, tools, e-mail, code, photographs, pictures, video, postings, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos, trade names, or other materials contained on or in the Site is the “Content” and includes materials contributed to the Site by users of the Site (“User-generated Content”).

 Copyright of all Content is either owned by RPRA, or RPRA has obtained a license to use the materials for this Site. Materials on this Site are protected by the Copyright Act. Except as noted in these Terms of Use, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written consent of RPRA, or the original creator, where applicable. To inquire about obtaining permission to reproduce Content or User-generated Content on the Site, please send a request to http://www.rpra.ca/contact.

By submitting or sending  User-generated Content to RPRA or otherwise making it available for display on or through the Site, you acknowledge that the content is your User-generated Content and you grant RPRA the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User-generated Content (in whole or part) and to incorporate it in other works (in each case irrespective of the form, media, or technology used) for the purpose of allowing RPRA to administer, operate, display, distribute and promote the Site including but not limited to allowing other sites to link to Content on the Site.  You acknowledge that RPRA may need to do the following in order to operate, display or distribute the Site and agree that RPRA may do so: (i) transmit User-generated Content over various networks; and (ii) reformat User-generated Content.

You represent and warrant to RPRA that: (i) you have now and that you will continue to have all necessary rights and authority to grant the foregoing licenses; and (ii) the User-generated Content that you contribute to the Site will not infringe any proprietary right of any third party. You also represent and warrant to RPRA that any “moral rights” in any User-generated Content that you contribute to the Site have been waived and that RPRA may rely on those waivers.  With the exception of any User-generated Content that includes personal information, you agree that all User-generated Content that you contribute will not be considered confidential.

You should maintain a back-up copy of any User-generated Content that you contribute to the Site.  In any event, RPRA will not provide a copy of that User-generated Content to you.  Additionally, RPRA is not responsible for User-generated Content that is lost or destroyed for any reason.

You agree that you will not post or upload to the Site or otherwise make accessible or transmit on or through the Site any User-generated Content or links to content that:

(a)       is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of privacy or publicity rights, hateful (racially, sexually, ethnically or otherwise) or victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability;

(b)       solicits from other users any passwords or personal information for commercial or unlawful purposes;

(c)       contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;

(d)       promotes illegal activity including without limitation the provision of instructions for any illegal activity;

(e)       you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under a non-disclosure agreement); or

(f)        infringes or contributes to the infringement of any intellectual property, industrial or other proprietary rights, protected or protectable, under the laws of Canada, any foreign country, or any political subdivision of any country, including, without limitation, all copyrights, moral rights (including rights of attribution and rights of integrity), trade-marks, service marks, trade names, logos, brand names and other identifiers, and trade secrets of any party.

All trademarks used and/or displayed on this Site are registered or unregistered trademarks or official marks of RPRA. Nothing on the Site should be interpreted to grant any license to use any trademark or official mark without the express written permission of RPRA. To inquire about obtaining permission to use trademarks, please send a request to RPRA, at the above address.

  1. REPRODUCTION

Reproduction of multiple copies of materials on the site, in whole or in part for the purposes of commercial distribution is prohibited except with written permission from RPRA. To inquire about obtaining permission to reproduce materials on this site for commercial purposes, please contact RPRA at the above address.

All information on this Site has been posted to provide Ontarians with direct access to information about the programs and services offered by RPRA. The information has been posted with the intent that it be readily available for personal and public non-commercial or educational use and except where otherwise prohibited, may be reproduced, in part or in whole and by any means, without charge or further permission from RPRA. We ask that:

  • The materials not be modified.
  • Users exercise due diligence in ensuring the accuracy of the materials before using them. 
  • The user identify RPRA as the source of the materials with the following statement:

The source of the materials is http://www.rpra.ca/. The use of these materials by [insert user name here] is done without any affiliation with or endorsement by RPRA. Reliance upon [insert user name here]'s use of these materials is at the risk of the end user.

  1. DISCLAIMER

RPRA makes every effort to ensure that Ontarians are kept up-to-date on the latest activities of RPRA. In doing so, we go to great length to ensure the accuracy of the information posted. However there may be instances where information is not current. RPRA does not provide any representations, warranties or guarantees with respect to Content and/or User-generated Content, its quality or its accuracy. 

The Site, the Content and User-generated Content are provided “as is” and without warranties or conditions of any kind either expressed or implied. To the fullest extent possible under applicable law, RPRA disclaims all warranties and conditions, expressed or implied, including but not limited to, implied warranties or conditions of merchantability and fitness for a particular purpose, non-infringement or other violation of rights. RPRA does not warrant or make any other representations regarding the use, accuracy, timelines, applicability, performance, security, availability or reliability of the Site or any sites linked to this site, or the results from the use of the Site or any sites linked to the Site, or otherwise respecting the materials on the Site or any sites linked to the Site.

  1. PRIVACY

RPRA controls the Site from within Canada, and the Site is hosted in Canada. RPRA’s use and disclosure of any personal information about you that it collects in association with the Site is subject to RPRA’s Privacy Policy, which is available at http://www.rpra.ca/privacy.  You have read the Privacy Policy and consent to the use of your personal information as described therein.

  1. FEEDBACK

From time to time, you may choose to ask, make or provide questions, suggestions, ideas, comments, recommendations, feedback, requests or other information relating to the Site (“Feedback”) to RPRA.  By providing any Feedback to RPRA, you:  (i) agree that the Feedback is not confidential; and (ii) assign all right, title and interest in and to the Feedback to RPRA including all intellectual property rights.  RPRA shall be entitled to the unrestricted use and dissemination of any Feedback for any purpose (commercial or otherwise) without any acknowledgment of or compensation to you.

  1. LIMITATION OF LIABILITY

Under no circumstances including, but not limited to, negligence shall RPRA be liable for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of, or the inability to use, the Site and/or the Content.

  1. LINKS TO OTHER WEBSITES

Links to websites not under the control of RPRA are provided solely for the convenience of users, and RPRA is not responsible for the content of any other website. RPRA does not endorse, authorize, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at such addresses. RPRA is not responsible for the privacy practices of such websites. RPRA encourages users to review the privacy policies of any linked websites before navigating any website or disclosing personal information online.

  1. LINKS FROM OTHER WEBSITES

There may be circumstances where access to the Site is provided by a hypertext link located at another website. RPRA has no responsibility for the content of such other sites and does not endorse, authorize, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy or timeliness of the information located at such addresses.

  1. TERMINATION

RPRA may terminate this authorization, including any licenses contained herein, at any time and further may terminate the user's access to any and all portions of the Site if RPRA determines in its sole discretion that the user failed to comply with any term of these Terms of Use. Upon termination, the user must cease use of the Site and destroy all Content and/or User-generated Content obtained from this Site, and all related documentation and all copies thereof, whether made under these terms or otherwise, and/or take any additional or alternative reasonable steps that RPRA may direct in respect of the termination of the use. 

  1. CHANGES

RPRA may change these Terms of Use from time to time and at any time.  When RPRA changes these Terms of Use, RPRA will post the updated version of the Terms of Use on the Site together with the date on which it was revised. RPRA reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name. RPRA may change the Site without prior notice to you.

  1. GENERAL

Should any provision of these Terms of Use be held to be invalid by a court of competent jurisdiction, then that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable.

These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to its conflict of laws provisions.