Terms and Conditions
By accessing the ONTERA web site (the "Site") you agree to be bound by the terms and conditions set out below.
- No Warranty or Representation. While ONTERA uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with ONTERA, its suppliers or affiliates. Neither ONTERA, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if ONTERA has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.
- Use of Information. You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against ONTERA, its suppliers or affiliates. You may not post, publish, reproduce, transmit or otherwise distribute information or material on the Site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
- Linkage. This Site may contain links to other web sites that are not under the control of ONTERA and ONTERA is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. ONTERA provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by ONTERA of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.
- Monitoring. ONTERA is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without ONTERA's consent.
- Revisions. ONTERA may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.
- Product Descriptions. ONTERA attempts to be as accurate as possible. However, ONTERA does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free.
- Customer Information. You acknowledge that you have read the ONTERA Privacy Commitment (as it may be updated from time to time) (the "ONTERA Privacy Commitment") and hereby consent to the collection, use and disclosure by ONTERA and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the ONTERA Privacy Commitment. ONTERA’s use of customer information is also subject to applicable terms and conditions contained in ONTERA’s General Terms of Service (as amended from time to time), copies of which are available from ONTERA.
- Viruses, etc.. ONTERA assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.
- Right of Indemnification. You agree to defend, indemnify and hold ONTERA, its suppliers, alliance partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
- Waiver. ONTERA's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.
- Governing Laws. By visiting the Site, you agree that these Terms and Conditions shall be governed by the laws of the province of Ontario and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.
- Prices. All prices are quoted in Canadian dollars and do not include applicable taxes or shipping and handling (if applicable).
- No Solicitation. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
- Territory. The Site originates in Canada. ONTERA's products and services are offered in ONTERA's operating territory. Some products and services referred to on the Site may not be available in parts of ONTERA's operating territory or may not be compatible with party line services.