Last edited: September 20, 2012
1. Your Acceptance of this Agreement
This is an Agreement between The University of Western Ontario Research and Development Park (“Research Park”) and you, including any person you purport to represent (“You”), and governs your use of the Research Park web site at www.sarnialambtonresearchpark.ca and its content (collectively the "Site"). Each time You use the Site You signify your acceptance and agreement, without limitation or qualification, to be bound by this Agreement, and You represent and warrant that You have the legal authority to agree to and accept this Agreement on behalf of yourself and any person You purport to represent. For purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity.
If You do not accept these terms and conditions, You must not access or use the Site and your sole and exclusive remedy is to discontinue using it.
2. Permitted Use of the Site
The Site is made available to You for your lawful, non-commercial use only. You may print or download all Site pages for your non-commercial use provided that You do not modify any of the Site pages or other content and You do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. You must not use the Site or its content for any other purpose or in any other way. In particular, the Site and its content must not be copied, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of the Research Park.
You agree to access the Site only through the interface that is provided by the Research Park for use in accessing the Site. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, and screen scraping tools, to access, monitor, download or copy any part of the Site or its Content, unless The Research Park has provided prior written consent.
3. Disclaimer and Liability Exclusion
The Research Park does not accept any liability for your use of the Site. Your use of the Site is at your own risk. The Site is provided on an “as-is” and “as available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, or completeness, all of which are hereby disclaimed by the Research Park to the fullest extent permitted by law. The Research Park will not under any circumstances be liable to You or any other person for any loss or damage arising from, connected with, or relating to the use of the Site by You or any other person.
4. Personal Information Privacy
The Research Park endeavors to protect the personal information of all individuals who come into contact with it, be they clients, staff, or members of the general public. It strives to collect only the specific personal information that is related directly to, and needed for, operating its programs and activities. Personal information will be used, maintained, disclosed and disposed of in accordance with the applicable provincial or federal legislation.
If you have a concern about the protection of your personal information at the Research Park, please contact Western's Freedom of Information and Privacy Office.
This Web Site is the property of the Research Park and others, and is protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to You any ownership or other rights in the Web Site or its content.
6. Other Sites
For your convenience, the Site may include links to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from the Research Park, and the Research Park has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk.
7. Termination of this Agreement and the Web Site
8. Governing Law and Dispute Resolution
This Agreement, your use of the Site, and all related matters are governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between the Research Park and You or any other person arising from, connected with or relating to the Site, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario, and You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action You may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred.
9. Changes to the Site and this Agreement
The Research Park may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the Site from time to time, for any reason, and without any prior notice or liability to You or any other person. You may not change, supplement, or amend this Agreement in any manner. Your continued use of the Site following the posting of such changes constitutes acceptance of those changes.
The Research Park also reserves the right to modify the Site at any time without prior notice to You.
The Research Park may at its discretion suspend or terminate operation of the Site for maintenance or other reasons. In addition, technical and other issues may make the Site unavailable from time to time.
11. General Provisions
This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between You and the Research Park relating to your use of the Site, and supersedes all previous agreements, written, oral or otherwise, between You and the Research Park with respect to your use of the Site.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will endure to the benefit of and be binding upon each of the Research Park and its successors and assigns and related persons, and You and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You must not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of the Research Park which may be withheld in the Research Park’s sole discretion. The Research Park may assign this Agreement and its rights and obligations under this Agreement without your consent.
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.
No consent or waiver will be effective unless in writing and signed by both parties.
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 expressement que ce Contrat et tous les documents qui s'y rapportent soient rediges en anglais.