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Terms of Use

Terms of Use

The Independent Electricity System Operator (the “IESO”) owns and operates this website, its content and the public documents made available to download, including webpages and associated images (the “website”). This website is made available to stakeholders, market participants, communities and other interested visitors on the following terms and conditions. Please carefully review the terms and conditions that govern your use of the website periodically as they are subject to change. By using this website, you agree to follow and be bound by the terms and conditions of these Terms of Use. You also agree to bind any company or organization on behalf of whom you are accessing the website. If you do not agree to these Terms of Use, do not use the website or download any materials from it. The IESO may change these terms and conditions at any time and without notice. Any changes will be effective immediately upon posting or as otherwise indicated. Your use of the website following any such change constitutes your agreement to follow and be bound by the Terms of Use, as changed.

Intellectual Property Rights

The IESO’s logos and certification marks and any other product or service name or slogan contained in the website are trade-marks of the IESO or its licensors and they may not be copied, imitated or used, in whole or in part, without the prior written permission of the IESO or the applicable trade-mark holder.

This website is protected by Canadian copyright law. Except as otherwise provided for under Canadian copyright law or as expressly stated in respect of specific information in this website, all information in this website is Copyright © 2004-2020 Independent Electricity System Operator, all rights reserved.

As between you and the IESO, the IESO owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the website, including all written, audio visual or other materials and graphical elements on the website (the “Content”). Subject to these Terms of Use and provided that the following is included on all reproductions, “Copyright © 2001-2020 Independent Electricity System Operator, all rights reserved. This information is subject to the Terms of Use set out in the IESO’s website (www.ieso.ca)”, you are granted a limited, non-exclusive, non-sublicensable, non-transferrable licence to use and reproduce the Content.

The IESO’s express, prior, written permission is required for the use or reproduction of any Content that is not included in the licence above, such as trade-mark rights, website code and/or the use of Content for any purpose not expressly permitted above.

Notwithstanding the foregoing, the Content may be subject to a separate agreement you may have with the IESO or to supplemental terms or conditions that are included in or accompany the Content, in which case you agree that to the extent the separate agreement or supplemental terms are inconsistent with these Terms of Use, the separate agreement or supplemental terms will prevail to the extent of the inconsistency. Any use of the Content other than as specifically authorized herein (or in such separate agreement or supplemental terms and conditions) is strictly prohibited and will terminate the foregoing licence.

Acceptable Use

As a condition of accessing the website and the Content, you agree not to:

  1. Use the website or Content in violation of these Terms of Use or applicable law or in a manner that furthers the violation of applicable law.
  2. Use the website or Content in a manner that is unlawful, misleading, discriminatory or fraudulent.
  3. Use the website or Content in a way that harms the IESO, its third party service providers, local distribution companies or the electricity ratepayers of Ontario.
  4. Identify or attempt to identify any individual whose data or information may be included in or used to create the Content.
  5. Upload viruses or malicious code or do anything that could disable, overburden or impair the proper working or appearance of the website or Content.
  6. Attempt to access data you do not have permission to access.
  7. Knowingly use or reproduce Content available or accessed due to a security incident.

Disclaimer and Limitation of IESO’s Liability

Your use of this website and Content is exclusively at your own risk. The IESO and its directors, officers, employees, agents and representatives (collectively, the “IESO Group”) assume no responsibility whatsoever for the availability, accuracy, completeness or currency of any part of, or information in, this website or any Content. The IESO and each member of the IESO Group have no obligation, and disclaim any duty, to update or correct any part of, or information in, this website or Content.

The IESO provides this website, including all the information in this website and Content, solely on an “as is” and “as available” basis. Neither the IESO nor any member of the IESO Group provides any representation, warranty, condition or guarantee whatsoever respecting this website, including: (a) any representation, warranty, condition or guarantee that any part of, or information in, this website is available, accurate, complete, current or free from viruses or other destructive features; or (b) any implied representation, warranty, condition or guarantee of merchantability, fitness for a particular purpose or use or non-infringement of any right of any third party.

In no event whatsoever will the IESO or any member of the IESO Group be liable, in respect of this website (including all Content), for any matter whatsoever, to any individual, partnership corporation or company, with or without share capital, trust, foundation, joint venture, governmental authority or any other incorporated or unincorporated entity or association of any nature for: (a) direct damages; (b) indirect, special, incidental, contingent or consequential damages (including for loss of actual or anticipated revenue or profits, loss of goodwill, loss or damage to data or any other information, failure to realize expected savings or loss of use arising in respect of the use of, or reliance on, any part of, or information in, this website or any other website which this website connects to by a hyperlink or pointer or for any other economic loss whatsoever), even if the IESO or a member of the IESO Group has been advised of the potential for such damages; (c) punitive, exemplary or aggravated damages; or (d) contribution or indemnity.

You will indemnify and hold harmless the IESO and each member of the IESO Group from and against all fines, penalties, claims, demands, liabilities, damages, costs and expenses on a dollar for dollar full indemnification basis (including lawyer’s fees and expenses) arising in respect of: (a) your use of this website; (b) any breach by you of any of these Terms of Use; (c) your failure to comply with any applicable laws, statutes, regulations, by-laws, rules, codes or treaties; or (d) any of your intentional wrongdoings.

Hyperlinks

This website may contain hyperlinks or pointers to other websites located on servers maintained by third parties over which the IESO has no control. Accordingly, your use of any such other websites is entirely at your own risk and the IESO assumes no responsibility whatsoever for any use of any such website. None of the hyperlinks or pointers to such other websites implies that the IESO authorizes, endorses or sponsors any such other website or any information in any such other website.

If you create a link to this website, you may not: (a) state or imply that the IESO authorizes, endorses or sponsors any of the goods, services or other information in the other website; (b) misrepresent the relationship, if any, between the other website and the IESO; or (c) use any IESO trade-marks, service marks, trade names, copyright or other proprietary or intellectual property rights of the IESO (including for metalinking purposes) without the IESO’s prior written consent.

Internet Software or Computer Viruses

Internet software or transmission problems or technical difficulties could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from the website. The IESO will not be liable for Internet software, computer viruses or destructive programs and recommends that you install appropriate anti-virus or other protective software.

Privacy

The IESO is committed to the accuracy, confidentiality, security and privacy of your information as outlined in the IESO’s Privacy Policy.

Governing Law and Forum

The laws of Ontario and the laws of Canada applicable in Ontario will govern your use of this website and Content and any suit, action or other proceeding, or dispute or other controversy respecting the website. You irrevocably submit to the exclusive jurisdiction of the courts of Ontario in respect of any suit, action or other proceeding made or brought by you in respect of this website for any matter whatsoever. You may not commence any suit, action or other proceeding in respect of this website for any matter whatsoever, except in Toronto, Canada.

Severability

If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

Inquiries

Inquiries regarding these Terms of Use should be addressed to IESO Communications at communications@ieso.ca.

 

Last Updated: July 8, 2020