AGREEMENT TO TERMS AND CONDITION OF USE
Last Updated: January 19, 2024
The Ontario Transit Group (“OTG”) has created these Terms and Conditions of Use (“Terms and Conditions”) in order to establish and communicate the terms subject to which visitors may access and use our OTG websites and the information thereon. These Terms and Conditions apply to the OTG websites linked to this policy, including but not limited to [homepage: www.OntarioTransitGroup.ca] and all associated sites linked to [homepage] (collectively, the "Sites").
By accessing and/or using the sites, you agree to these terms and conditions; if you do not agree, do not use the sites.
OTG reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Sites following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, OTG grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sites.
1.Content and Copyright
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, and arrangement of such Content, contained on the Sites is owned, controlled or licensed by or to OTG, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
2.Privacy
The OTG Privacy Policy applies to use of the Sites, and its terms are made a part of these Terms and Conditions by this reference. To view the OTG Privacy Policy, click [here – add link]. Additionally, by using the Sites, you acknowledge and agree that Internet transmissions are never completely private or secure.
3.Disclaimers
OTG DOES NOT PROMISE THAT THE SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. OTG DOES NOT WARRANT, NOR CAN IT ENSURE, THAT ANY FILES OR OTHER DATA YOU ACCESS OR DOWNLOAD FROM THE SITES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OTG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, OTG DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES AND/OR ANY OTG SERVICES, INCLUDING IN RELATION TO ANY THIRD PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OTG FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES FOR ACCESS AND USE OF THE SITES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
OTG reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason; (2) to modify or change the Sites, or any portion of the Sites, and any applicable policies or terms; and (3) to interrupt the operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
4.Limitation of liability
Except where prohibited by law, in no event will OTG be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the OTG has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions, OTG is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any Content, OTG’s liability shall in no event $100.00 CAD. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
5.Restrictions
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. OTG reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any OTG server, or to any of the services offered on or through the Sites, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Sites.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or OTG’s systems or networks, or any systems or networks connected to the Sites or to OTG. You also agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of OTG or others.
6.Governing law
You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the Canada and by the laws of the province of Ontario without regard to its conflicts of laws provisions. The preceding provision regarding venue does not apply if you are based in the European Union. Any claim under these Terms and Conditions must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
In the event of any controversy or dispute between OTG and you arising out of or in connection with your use of the Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
