Acceptance of these Terms and Conditions
The terms and conditions set out herein (the “Terms and Conditions") constitute a legal agreement between you and the Independent Electricity System Operator (“IESO”), the owner and operator of the powerauthority.on.ca and saveonenergyontario.ca websites (together, the "Web Site"), regarding your access to and use of the Web Site. The IESO reserves the right, in its sole discretion and without prior notice or liability, to change, modify, add to, or delete any of these Terms and Conditions at any time. It is your responsibility to ensure that you review these Terms and Conditions regularly to stay current on such updates or modifications. Your access or use of the Web Site or its content after such updated or modified Terms and Conditions have been posted signifies your acceptance of the Terms and Conditions, as updated or modified. Each time you use the Web Site you are agreeing to these Terms and Conditions as it then reads. If you do not agree with any of the Terms and Conditions you may not access or use the Web Site.
Individual initiatives or their websites may be subject to their own terms and conditions, which shall apply in addition to these Terms and Conditions. Initiatives funded by the IESO and delivered by your local distribution company will also be subject to their own terms and conditions. WHILE THE IESO ENDEAVOURS TO ENSURE THAT THE INITIATIVE DESCRIPTIONS ON THE WEBSITE ARE CORRECT, IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS, PARTICIPATION AGREEMENT, APPLICATION OR OTHERWISE FOR A PARTICULAR INITIATIVE, THE TERMS AND CONDITIONS, PARTICIPATION AGREEMENT, APPLICATION OR OTHERWISE SHALL TAKE PRIORITY OVER THE WEBSITE. You are wholly responsible for obtaining (whether from the Web Site or otherwise), reviewing and complying with all additional initiative-specific terms and conditions, participation agreements, applications or otherwise.
Permission to Use the Web Site
You are only authorized to access or use the Web Site if you agree to abide by all applicable local, national, or international laws, rules, and regulations, and to these Terms and Conditions. You may not use the Web Site if you live in a jurisdiction where laws (whether common or statutory) would: (i) void these terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law, the disclaimer and the limitation of liability); or (ii) render accessing or using the Web Site or its content illegal. It is solely your responsibility to determine whether your use of the Web Site is lawful. The Web Site is designed for use in the province of Ontario, Canada.
Purpose of the Web Site
This Web Site is intended only as an informational resource to provide you with general information about the IESO and conservation programs offered by the IESO, or funded by the IESO and delivered by your local distribution company, and about energy supply and conservation in general in Ontario. You agree to use the Web Site only for such purpose. While the IESO makes every effort to ensure that the content of this Web Site is complete, accurate and up to date, you should not rely on the statements contained herein without referring to specific Initiative documentation or other supporting material.
Non-Endorsement of Products, Manufacturers, Processes
While the Web Site may recommend certain products, retrofits or processes, the IESO does not endorse any particular manufacturer or service provider. The IESO does not provide any warranties or guarantees, whether express or implied, for the use of any product, retrofit or process, nor does it assume any liability therefor. It is your responsibility to take all safety precautions and to refer to the product manufacturer’s instructions or contact a licensed technician, as you deem appropriate.
Web Site Content Modifications
You agree that IESO may at any time, in its sole discretion and without prior notice or liability, either temporarily or permanently discontinue or modify any aspect of the Web Site or its content. It is your responsibility to ensure that you are accessing the most current version of the Web Site.
THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. WHILE THE IESO ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, IESO DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEB SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL OR WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION: (I) THAT THE CONTENT CONTAINED WILL BE FIT FOR A PARTICULAR PURPOSE; (II) THAT THE WEB SITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY; (III) THAT THE WEB SITE WILL BE AVAILABLE OR THAT OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE OR THE CONTENT (BE THEY HUMAN OR COMPUTER ERRORS) WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED. THE USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE IESO, YOUR LOCAL DISTRIBUTION COMPANY, THEIR SUPPLIERS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST REVENUE, LOST PROFIT, LOSS OF EXPECTED SAVINGS, BUSINESS INTERRUPTION, INACCURATE INFORMATION, REPUTATION OR GOODWILL, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEB SITE, THE CONTENT, ANY LINKED SITES, ANY LDC MICROSITES, OR THE INITIATIVES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF IESO KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
Ownership and Licence
You acknowledge that the Web Site and the content, including any trade-marks, maps, forms, information, software, photos, video, text, graphics or other material, available on the Web Site are protected under Canadian and international copyright laws and other intellectual property laws. You use of the Web Site or its content does not transfer to you any ownership or other rights in the Web Site or its contents. Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, republication, modification, adaptation, translation of, creation of derivative works based on, exploitation of, or participation in the transfer or sale of the Web Site or the content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Web Site or its content is strictly prohibited. Subject to these Terms and Conditions, you are granted a limited, non-transferable and non-exclusive license to access, view and use the Web Site and the content, and to download, store, and print single copies of items comprising the content, solely for the purposes described in these Terms and Conditions, provided that you do not modify any of the content of the Web Site and you do not remove or alter any copyright, marks, disclaimers, or other notices contained in such content. This license is revocable by the IESO at any time without notice, with or without cause.
You may not interfere or attempt to interfere with the proper working of the Web Site or any link related thereto. You may not take any action that compromises the integrity of the Web Site or content, including without limitation information or data related thereto, or the operation of the IESO’s computer systems. Except as expressly provided in these Terms and Conditions, the Web Site and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored, framed, or distributed in any form or by any means, in whole or in part, without the express written consent of the IESO.
If you violate any provision of these Terms and Conditions, your permission to use the Web Site and the content automatically terminates and you must immediately cease use of the Web Site and destroy any copies you have made of any content.
The Web Site may include links to other internet sites maintained by third parties, (“Linked Sites”). The IESO provides access to Linked Sites solely as a convenience to you. The IESO has no control over Linked Sites and you acknowledge and agree that the inclusion of Linked Sites does not imply endorsement by IESO of Linked Sites or of any content, advertising, products or other material available from Linked Sites. For greater certainty, the IESO shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites.
The Web Site also include links to mircosites containing content created by your local distribution company (“LDC Microsites”). You acknowledge and agree that the linking of the LDC Microsites to the Web Site does not imply endorsement by IESO of any content, advertising, products or other material available from the LDC Microsites. For greater certainty, the IESO shall not be held responsible or liable, directly or indirectly, for any content of the LDC Microsites.
These Terms and Conditions shall be construed and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and each party further consents to the exclusive jurisdiction of the courts of Ontario. These Terms and Conditions will ensure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable to any extent, then the provision will be deemed to be severed from these Terms and Conditions and the remainder of these Terms and Conditions will continue in full force and effect.
You may not assign these Terms and Conditions or the rights under these Terms and Conditions. The IESO may assign these Terms and Conditions and its rights under these Terms and Conditions without your consent. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under these Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and will remain in full force and effect. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms and Conditions will be effective unless it is in writing and signed by all parties, and, unless otherwise provided, will be limited to the specific default or breach waived.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to the IESO.