Terms Of Use

Terms of Use

Revised 16 Jan 09

The domain Ontariomasters.ca is operated by Ontario Masters Athletics (OMA), referred to herein as “we”, “us”, or “our”.

Please read these terms and conditions of use carefully before using this website. By using the Ontariomasters website, you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the OMA website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this website following the posting of changes to these terms will mean you accept those changes.

Restrictions on the Use of Materials

All materials contained on Ontario Masters’ site are the copyrighted property of OMA, its affiliated entities, and/or third party licensors. All trademarks, service marks, and trade names are proprietary to OMA, its affiliated entities, and/or third party licensors. No material from the Ontario Masters site or any OMA-owned material on any other Internet site may be copied, reproduced, republished, uploaded, posted, transmitted, broadcast, distributed, or commercially exploited in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the OMA site. For purposes of these terms, the use of any such material on any other website or computer environment is prohibited, except as expressly granted by Ontariomasters. All trademarks, service marks, trade names and trade dress are proprietary to OMA or its licensors.

Content Linked To/From Any OMA Site

Please exercise discretion while browsing the Internet using any OMA site. You should be aware that when you are on a OMA site, you could be directed to other sites that are beyond our control. There are links to other sites from OMA pages that take you outside of our services. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a written agreement. It also includes other third-party links that we have provided for your convenience. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive.

We reserve the right to disable links from any third party site to the OMA site. We also reserve the exclusive right to disable links from the OMA site to any third party site without reason or notice.

We make no representations concerning the content of sites listed on any of our pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites linked to or from the OMA site. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the OMA site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any OMA site or third-party content on our sites. We do not endorse or warrant any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of or warrant any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against OMA with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Please keep in mind that whenever you give out personal information online-for example, via our membership application-that information can be collected and used by people you don’t know. Although OMA takes every reasonable precaution to protect your personal information and privacy, we cannot guarantee the security of any information. Therefore, you provide any such personal information at your own risk.

Consent to E-Mail Communications and Opting Out

By entering into a membership agreement with OMA or by subscribing to an OMA electronic service, you are consenting to the receipt of electronic mail (“e-mail”) from us. We may send you e-mails about services and news we believe may be of interest to you. You may opt-out of future e-mails about news or services by following instructions in our privacy policy, on our web site, or by indicating so in the reply to any e-mail that you receive from us. We reserve the right, however, to e-mail you important information relating to your membership account.

Disclaimer

The materials in this OMA site are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials on the OMA site will be uninterrupted or error-free, that defects will be corrected, or that the OMA or the servers that make such materials available are free of viruses or other harmful components. You agree that neither OMA, the information providers, nor the information transmitters shall be liable in any way for the accuracy, completeness, timeliness, or correct sequencing of the information, or for any decision made or action taken by you relying upon the information. We do not warrant or make any representations regarding the use or the results of the use of the materials on the OMA site. You are solely responsible for the hardware, software, or other technology you use to access the OMA site. OMA is not responsible for any service difficulties resulting from your failure to possess technology adequate to use OMA site to your satisfaction. Therefore, you assume the responsibility for the entire cost of any necessary hardware/software servicing or repair and correction of any service difficulties.

No Liability for Events Outside of Entities’ Direct Control

OMA, information providers, information transmitters, third party providers, and any other person involved in transmitting information will not be liable for any loss that results from a cause over which that entity does not have direct control. Such causes include, but are not limited to, (1) the failure of electronic or mechanical equipment or communication lines; (2) telephone or other interconnect problems; (3) bugs, errors, configuration problems or the incompatibility of computer hardware or software; (4) the failure or unavailability of Internet access; (5) problems with Internet service providers or other equipment or services relating to your computer or network; (6) problems with intermediate computer or communications networks or facilities; (7) problems with data transmission facilities or your telephone, cable or wireless service; or (8) unauthorized access, theft, operator errors, power outages, severe weather, earthquakes, other natural disasters or labor disputes. OMA is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property resulting in any way from your use of Ontariomasters’s services.

Access, Passwords and Security

You will be entirely responsible for the confidentiality and use of your access ID(s) and password(s) and for all activities that occur under your account. You agree not to hold OMA liable for any damages of any kind resulting from your decision to disclose your access ID(s) or password(s) to any third party, including but not limited to entities that aggregate account information or website content, or persons who are or claim to be acting as your agent or proxy. You will be responsible for all changes entered through and under your access ID(s) and password(s). You agree immediately to notify OMA if you become aware of: (i) any loss or theft of your access ID(s) and/or password(s); (ii) any unauthorized use of any of your access ID(s) and/or password(s), or of any information. You hereby indemnify, defend and hold Ontariomasters, its officers, directors, agents, employees, volunteers, information providers, affiliated entities, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim.

Grant of License to OMA

Any communications or material of any kind that you e-mail, post, or otherwise transmit through e-mail or via the OMA website, including data, questions, comments, or suggestions (your “Communications”) will be treated as non-confidential and nonproprietary. You hereby grant a license to OMA to reproduce, use, disclose, distribute, transmit, publish, broadcast, or post your Communications, either on the OMA’s website or elsewhere, with no liability or obligation to you. OMA is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

Data Transmission

You acknowledge that data, including e-mail, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and OMA, information providers, or information transmitters using the Internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including, but not limited to, browser software that supports a data security protocol compatible with the protocol used by OMA. Until notified otherwise by OMA, you agree to use software that supports the Secure Socket Layer (SSL) protocol or other protocols accepted by the OMA site and follow OMA’s log-on procedures for services that support such protocols. You acknowledge that OMA is not responsible for notifying you of any upgrades, fixes, or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.

You will not use any electronic communication feature of the OMA services for any purpose that is unlawful, discriminatory, abusive, harassing, libelous, defamatory, obscene, or threatening. You will not use the services to solicit OMA members or others or participate in the solicitation of OMA members or others for any purpose.

You will not upload, post, reproduce, or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

You agree to be bound by any affirmation, assent, or agreement you transmit through the services you access by computer, including but not limited to any consent you give to receive communications from us through electronic transmission. You agree that, when in the future you click on an “I agree”, “I consent” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Limitation of Liability and Indemnification

You agree to indemnify and hold OMA, its officers, directors, agents, employees, volunteers, information providers, affiliated entities, licensors and licensees (including third party providers) harmless from any claim, demand, loss, costs or expense, including attorneys’ fees, made by any person arising out of a violation of this Agreement, state or federal laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.

Under no circumstances, including but not limited to a negligent act, will OMA, its officers, directors, agents, employees, volunteers, information providers, affiliated entities, licensors and licensees be liable for any damages of any kind that result from the use of, or the inability to use OMA service, site, or materials, even if an OMA-authorized representative has been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing any Ontariomasters site.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the OMA site. Your access to the OMA site may be terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these OMA Terms of Use. Upon termination, you must cease and desist from accessing or using the OMA site.

Governing Law

This agreement and all future agreements you shall enter into with OMA, unless otherwise indicated on such other agreement, shall be governed by Canada`s Personal Information Protection and Electronic Documents Act, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with OMA in Ontario or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.