Last Updated: March 23, 2017

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU MUST EXIT THE WEBSITE.

These Terms of Use (the “Agreement”) is an agreement between you (“you”) and the owner of the Website, the Ontario Association of Optometrists (“OAO”, “us”, “we”). The effective date of this Agreement is when you accept or are deemed to accept this Agreement by access or use of this Website (“Website”). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with OAO. 

By accessing and/or using this Website, you represent and warrant that you are over the age of 18 and are lawfully able to accept this Agreement. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not access or use the Website unless your parent or guardian enters into this Agreement on your behalf and consents to your access to and use of the Website.  

By accessing and/or using this Website you acknowledge that you have read, understand and agree to comply with these Terms of Use and the Privacy Policy and all applicable laws. 

If you are accessing and/or using the Website on behalf of any entity, you further represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to indemnify OAO in accordance with this Agreement.

This Website is intended for clients and customers of OAO and members of OAO. You are not authorized to use this Website or its contents for any purpose other than is consistent with use as a client, customer or member of OAO.

You hereby consent to the exchange of information and documents between you and OAO or an agent of OAO electronically over the Internet, by email, or by another electronic or hardcopy means. 

You agree that this electronic Agreement shall be the equivalent of a written paper agreement between you and OAO.

OAO hereby grants you a right to access and use the Website if you comply with all of these Terms of Use and the Privacy Policy, and such right is granted in accordance with these Terms of Use and the Privacy Policy. 

You agree not to make any unauthorized commercial use of the Website or any Products or Services you obtain through use of the Website or otherwise from OAO.

No Medical Advice: The information and materials available on this Website are provided for consumer information and educational purposes only, and are not intended to provide specific advice, including any optometric, health or legal advice. You should always consult with a doctor of optometry, a medical practitioner, or a legal expert regarding your own personal circumstances. You should never disregard, avoid or delay obtaining advice from your optometrist or other health care provider because of something you have read on this Website. If you have or suspect that you have an optometric or medical problem or condition you should contact a qualified health care professional immediately. In the case of an emergency you should call for emergency medical help immediately.

THE WEBSITE IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED UPON IN ANY SUCH REGARD. YOU SHOULD ALWAYS CONSULT A HEALTHCARE PROFESSIONAL REGARDING ANY HEALTH RELATED CONTENT ON THIS SITE. THE INFORMATION IN THIS SITE DOES NOT CREATE ANY HEALTHCARE PROVIDER/PATIENT RELATIONSHIP BETWEEN YOU AND THE OAO. NO ADVICE OR INFORMATION OF ANY KIND, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CONTENT OR THE WEBSITE SHALL CREATE ANY WARRANTY.

Ownership of this Website and its Content:  This Website, including all software code, its content and design, is protected under applicable intellectual property and other laws, including without limitation the laws of Canada and other countries (“Content”). For clarity, Content further includes all information you submit to the Website or to OAO through the Website including, but not limited to, any Submissions, ads, messages, images, or other information (or any combination thereof) submitted through any section of the Website. All Content and intellectual property rights therein are the property of OAO, unless otherwise agreed in a prior written agreement with OAO. You do not acquire ownership rights to any Content, whether viewed or otherwise accessed, through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, reverse engineered, republished, downloaded, modified, sold, rented, shared, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic or mechanical copying, photocopying, recording, or otherwise, without OAO’s express prior written permission. 

You are hereby granted, subject to this Agreement, a limited, non-exclusive, non-transferable license to view the screens, materials, and Content (excluding any software code) on this Website and to print only a limited number of copies of such screens, materials and Content as is reasonably needed for your own non-commercial use.  You agree not to share the copied screens, materials and Content with any other person or entity, and to destroy such copied screens, materials and Content immediately upon the completion of the use of the screens and materials for which you made a copy of such screens, materials and Content.

This Website contains trademarks, service marks, trade dress, designs, logos, product and service names, and graphics (collectively, “Trademarks”) that are owned by OAO or by third parties. You are not authorized to display copy or use the Trademarks in any manner without the prior written permission of the rights owner. 

Your Consent to Our Privacy Policy:  By agreeing to this Agreement, you agree to the terms of the Website’s Privacy Policy (accessible from the Website), which is expressly incorporated herein. Before using this Website, please carefully review the Privacy Policy. All information provided to us as a result of your use of this Website will be handled in accordance with the Privacy Policy. To the extent there are inconsistencies between this Agreement and the Privacy Policy, this Agreement controls. 

You certify, represent and warrant that when using the Website you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, email, messaging, privacy, and the transmission of technical data exported from Canada or the country in which you reside.

You further consent to OAO providing information other than personal information, relating to you and your use of the Website to facilitate the function of the Website and to allow users to utilize the Website.

Submissions: You agree that all ideas, concepts, inventions, know-how, techniques, product reviews, remarks, suggestions, comments, graphics or other information you communicate to OAO through this Website and all intellectual property rights therein (“Submissions”) shall be the property of OAO. You hereby irrevocably transfer, assign and convey to OAO all right, title and interest including without limitation intellectual property rights existing anywhere in the world, in and to any and all Submissions, and waive any moral rights you may have in the Submissions.  OAO will not be required to treat any Submissions as confidential and shall not be subject to any obligations of confidentiality regarding any such Submissions unless: (i) specifically agreed by OAO in writing in advance of your communication of such Submissions to OAO; or (ii) required by law. 

OAO will not be liable for any similarities of your Submissions to any future business operations of OAO. Without limitation, OAO will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature, and you agree to sign such further documentation and undertake such activities at your expense as may be required by OAO to evidence such assignment and waivers as you have provided in this Agreement.  You represent and warrant that upon submission you owned or had all rights, title and interest in and to your Submissions and had the right to assign them to OAO, and to waive all moral rights therein, and that all of your Submissions do and will comply with this Agreement. 

The OAO does not pre-screen Submissions or any other Content that is posted on the Website by you or any other person. OAO will have the right, but not the obligation, at its sole discretion to refuse, move or delete any Content that is inappropriate or objectionable.

You are prohibited from and agree not to store, distribute or transmit to or through the Website any text, data, images, programs, or other Submissions that are illegally obtained or otherwise illegal. Examples or material that is considered illegal include, but are not limited to: material that is threatening, coercive or harassing in nature; material that contains child pornography; material that is copyright protected, contains third-party trademarks, or is proprietary material for which you do not have written permission and complete authorization from the owner(s) of such materials to provide such materials to us for incorporation in the Website. The storage, distribution or transmission of illegal material may result in criminal and/or civil charges being brought against you.

You agree not to provide us with any Submissions or programs that contain viruses, Trojan horses or tools that have the effect of compromising the security of the Website or other sites.

Prohibited Uses: You agree not to do any of the following:

Download, copy, or re-transmit any or all of the Content without, or in violation of, a written license or agreement with OAO.;

Use this Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website including their ability to engage in real time activities through the Website;

Use any robot, spider, other automatic device process or means, or similar data gathering, data mining, or extraction methods to access the Website for any purpose including monitoring or copying any of the material on the Website; 

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the prior written consent of MO;

Use any device, software or routine that interferes with the proper working of the web/Internet;

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web/Internet or the server on which the Website is hosted;

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

Attempt to interfere with the proper working of the Website;  

Use the Website to fraudulently misrepresent yourself; 

Distribute the Content of the Website for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media, or through any commercial network, cable or satellite system; 

Create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; 

Post any Content, including any messages, ads, data or images, that might be considered by a reasonable person to be obscene or that contain racial, ethnic, religious slurs or derogatory epithets, or that advocate violence or hate, or that contain language that is deemed offensive by OAO;

Permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of OAO or its licensors or allow any third-party to access the Content; and

Use the Website other than for its intended purpose.

Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

Content: OAO will not be responsible for any damages you or any third-party may suffer as a result of the submission, transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize OAO to make, or for any errors or any changes made to any submitted, transmitted, stored or received information.

You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.  

OAO ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS WEBSITE. THE CONTENT ON THIS WEBSITE MAY BE CHANGED WITHOUT NOTICE TO YOU. OAO IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. OAO DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED. 

Confidentiality & Security: THERE IS NO GUARANTEE THAT INFORMATION OR PERSONAL INFORMATION ON THIS WEBSITE OR ON THE INTERNET, OR SUBMISSIONS TO THIS WEBSITE OR THROUGH THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND OAO ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR INFORMATION OR PERSONAL INFORMATION.

Disclaimer of Warranties:
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT, INFORMATION, NAMED, IMAGES, PICTURES AND LOGOS, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION OR PERFORMANCE, AVAILABILITY, ACCURACY, QUALITY, COMPLETENESS, COMPATIBILITY, SECURITY, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. OAO ASSUMES NO RESPONSIBILITY OR LIABILITY FOR TIMELINESS OR PERFORMANCE OF THE WEBSITE, OR FOR ERRORS, INACCURACIES, OMISSIONS OR INCOMPLETE INFORMATION IN THE WEBSITE OR THE CONTENT.

Limitation of Liability: IN NO EVENT WILL OAO, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTIES ENGAGED BY OAO, THIRD PARTIES THAT ASSIST OAO, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED IN RELATION TO THE CONTENT OR THE WEBSITE, OR OTHERWISE IN RELATION TO ANY ACTION OR OMISSION BY OAO, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF OAO OR ANY OF ITS LAWFUL AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL OAO, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, THIRD PARTIES ENGAGED BY OAO, THIRD PARTIES THAT ASSIST OAO, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, HOWSOEVER CAUSED, RESULTING FROM: INTERRUPTIONS, SUSPENSIONS, DELAYS, OMISSIONS, VIRUSES, WORMS, INFECTIONS, TROJAN HORSES, CONTAMINATING CODE, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY SOCIAL NETWORKING SITES OR ACCOUNTS, WEBSITES OR WEBPAGES; THE INTERNET BACKBONE; CLOUD ERRORS OR PROBLEMS; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES (INCLUDING OF THIRD PARTIES ENGAGED BY OR ASSISTING OAO); SUBMISSIONS OR OTHER INPUT YOU SUBMIT TO THIS WEBSITE; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS; LOSS  OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE OR WEBPAGE, OR SOCIAL NETWORKING SITE OR ACCOUNT, ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF OAO, EVEN IF OAO OR ANY OF ITS LAWFUL AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL OAO’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’, THIRD PARTIES’ (ENGAGED BY OAO), THIRD PARTIES’ (THAT ASSIST OAO), AND THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEBSITE, IN THE YEAR IN WHICH THE CLAIM AROSE.
 (because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you in such jurisdictions. Our liability is limited to the fullest extent of the law.) 

Indemnity: You agree at all times to indemnify, defend and hold harmless OAO, its agents, suppliers, affiliates, third parties engaged by OAO, third parties that assist OAO,  and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees  and disbursements) sustained, incurred or paid by OAO directly or indirectly in respect of:

(i) any information, Submissions, or any other Content  you provide on or through this Website or which is sent to OAO by email or other correspondence; 

(ii) any third party claims whatsoever, including but not limited to any intellectual property infringement claims, other infringement of rights claims, or privacy or personal information claims, that relate to any information, Submissions or any other Content you provide on or through this Website, or any activity or omission relating to the Website by you; or 

(iii) your use or misuse of the Submissions or any other Content, or this Website. 

Links to Third-Party Sites: This Website may contain links to other websites or webpages, or social networking sites or accounts, or other means to access websites that were not created by and are not maintained by OAO. Such links exist as a convenience to you. OAO does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such other websites or webpages, or social networking sites or accounts, and when you access such other websites or webpages, or social networking sites or accounts, you are doing so at your own risk. In providing links to the other websites or webpages, or social networking sites or accounts, OAO is in no way acting as a publisher or disseminator of the material contained on those other websites or webpages, or social networking sites or accounts, and does not seek to monitor or control such other websites or webpages, or social networking sites or accounts. A link to another website or webpage, or social networking site or account, should not be construed to mean that OAO is affiliated or associated with same. OAO DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEBSITES OR WEBPAGES, OR SOCIAL NETWORKING SITES OR ACCOUNTS. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.

Member’s Only Site: If you are a member of OAO we may grant you access to certain portions of the Website that require a login and/or password to access, such as the Member’s Only Site or Member Portal. You agree only to access such portions of the Website if you are a member of OAO and OAO grants you authorization to access such portions of the Website. OAO may grant you a legitimate user ID and password. For clarity, if OAO has not provided with a login and/or password you are not authorized to access such areas of the website that require a login and/or password to be accessed.

You are responsible for maintaining the secrecy of your password and account information including your login and password. Use of your login and/or password by any person that is not you is expressly prohibited and should this occur for any reason whatsoever you are wholly and fully responsible for all activities of such person, including any omissions by such person, when so logged-in or accessing password protected portions of the Website. You agree to indemnify OAO for any such activities by any such person. 

You agree that we can at any time revoke your access to any portions of the Website that require authorization to access, at our sole discretion.

Classified Ads Service: The Website may incorporate a classified ad service to its members and non-members. You may be required to pay a fee for such services if you are not a member. By utilizing the classified ad service you are agreeing to abide by the terms of these Terms of Use and the Privacy Policy as well as the following conditions of participation:

You warrant and represent that you can form a legally binding contract under applicable law.

You agree to be solely responsible for any transaction or other activities you engage in with any other party who uses our Website. You assume all risks relating to engage with other parties, including but not limited to the risk that the other party may be acting under false pretenses. OAO cannot and does not control the behavior of other parties on this site, or whether other not any party completes the transactions described in the any classified ad posted on the Website.

You agree to assume all responsibility for any dispute between you and another party who uses our Website. You hereby release OAO, their officers, employees, agents and successors for all claims, demands and damages, whether actual or consequential, of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to a such a dispute or to our classified ad services.

You agree to only use the OAO classified ads service for lawful purposes and any violation of applicable local, provincial, federal or foreign law or regulation by you in your use of the classified ads service is prohibited.

You agree you will not transmit, distribute or post any unwanted or offensive Content through the classified ads service or otherwise on the Website. You will not engage in misleading offers that do not list the total purchase price, any “bait & switch” of products, listing of advertisements in the incorrect category, sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own email address, any posting with the goal of harassment of another, sexual requests, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements.

You agree to comply with all relevant laws, including but not limited to privacy and commercial electronic communications, relating to the classified ad services. You will not transmit, distribute or post any personal or private information concerning any person or entity, including but not limited to any phone number, address, credit card information, financial account information, calling card information, or private account numbers or passwords. You will obtain in writing all necessary consents and authorizations relating to your use of the classified ad services as required by law. You hereby release OAO, their officers, employees, agents and successors for all claims, demands and damages, whether actual or consequential, of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to non-compliance with such laws.

You agree you will not list for sale or sell any of the following goods for any reason: 
i. any item that is illegal to sell under any applicable law, statute, ordinance or regulation;
ii. any food (other than packaged food meeting all applicable federal, provincial and local standards for sale to consumers by commercial merchants);
iii. Alcoholic beverages (except if you are reselling an alcoholic beverage that was initially purchased from a retailer and it is still in its original container and it is legal to deliver it to the buyer and into the jurisdiction where the buyer is located);
iv. cigarettes or any other  tobacco product for human consumption;
v. pharmaceuticals or any other controlled substance;
vi. dangerous, counterfeit or stolen goods;
vii. fictitious (e.g., goods that do not actually exist);
viii. any good that infringes or violates any other person’s or entity’s rights; or
ix. any item which in OAO’s sole discretion is inflammatory, offensive or otherwise inconsistent with OAO standards of business ethics.
 
You agree you will not engage in any activities that disseminate SPAM or are related to SPAM directed to OAO or any other person or entity that engages with this Website. OAO strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email. 

You agree to be responsible for all applicable taxes and for all costs that are incurred in relating to your use of the classified ads service. You also agreed to be responsible for paying all fees associated with the classified ads service, and agree that OAO may in its sole discretion add, delete or modify fees associated with the classified ads service.

You agree that YOU ALONE BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE CLASSIFIED ADS SERVICE.

If OAO believes in its sole discretion that any classified ad that you have submitted may create liability for OAO, OAO may take any action that it believes to be prudent or necessary to minimize or eliminate its potential liability.

Modification and Discontinuation: We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Website (or any portion thereof) and/or the information, materials, forms, or other Content, products of OAO, and other products and/or services available through this Website (or any portion thereof) (the “Products” or the “Services”), with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Website. 

Waiver: Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision, any other provisions, or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by OAO of any breach of any provision of this Agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement. 

Amendments: OAO reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this Website. You are responsible for periodically reviewing the amendments on this Website and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this Website. Access to this Website or use of this Website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions of this Agreement. No supplement, modification or amendment to this Agreement shall be binding on OAO unless executed by OAO in writing. 

Termination. This Agreement is effective until terminated by OAO, with or without cause, in OAO’s sole and unfettered discretion. OAO may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by OAO shall be in addition to and without prejudice to such rights and remedies as may be available to OAO, including injunction and other equitable remedies. 

The disclaimers, limitations on liability, ownership, termination, interpretation, your license to OAO, your assignment to OAO, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

OAO reserves the right to refuse service to you at any time and to remove any Content you submit for any reason and without notice to you.

Severability: Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction. 
Violation of Terms of Use or Privacy Policy: If OAO, in its sole discretion, determines that a violation of these Terms of Use or the Privacy Policy has occurred, OAO may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its Website or termination of your access to the Website. OAO further reserves the right to pursue criminal or civil claims against you upon such a violation.

You agree that you will not make any unauthorized commercial use of the Website, or any Services provided in association with the Website or otherwise by OAO.

Compliance with Investigations:
OAO will cooperate with any investigation by any federal, provincial, or local body or any court or tribunal legitimately exercising its rights. Such cooperation occur without any notice being provided to you. 

Governing Law, Jurisdiction and Venue: This Agreement will be governed under the laws of the Province of Ontario, Canada without regard to its conflicts of law provisions and shall be treated in all respects as an Ontario contract. Venue for all actions or proceedings arising out of or relating to this Agreement will be exclusively in provincial or federal court in Toronto, Ontario, Canada. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. 

You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to use of the Website or any Service or Product you obtained in relation to the Website within one (1) year after such claim or cause of action arose or be forever barred.

We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and the International Sale of Goods Act Ontario as amended, replaced or re-enacted from time to time. You agree to waive any right you may have to: (i) a trial by jury; and (ii) commence or participate in any class action against OAO related to this Website, the Content, the Services, products of OAO, or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against OAO, its agents, or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Interpretation. The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. 

Entire Agreement: This Agreement as it may be amended from time to time in accordance the relevant provisions herein, and any and all other legal notices and policies on this Website, constitute the entire agreement between you and OAO with respect to the use of this Website and the Content. You agree that you will not assign your rights or obligations under these Terms of Use or the Privacy Policy to any other party.

Enurement: This Agreement shall inure to the benefit of and be binding upon each of OAO and you, and OAO’s and your respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

No Agency: There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between OAO and you.

Website Experience: We ask you to please help us keep this Website an enjoyable experience for all users, and if you observe material or behavior that may violate these Terms of Use or the Privacy Policy by other users please contact OAO at: Beth Witney, Chief Executive Officer, Ontario Association of Optometrists, 20 Adelaide Street East, Suite 801, Toronto, ON, M5C 2T6; or bwithney@optom.on.ca 

Contact Us:  If you have any questions about this Website or this Agreement, please contact OAO at the following email address: Beth Witney, Chief Executive Officer, Ontario Association of Optometrists, 20 Adelaide Street East, Suite 801, Toronto, ON, M5C 2T6; or bwithney@optom.on.ca 

© Ontario Association of Optometrists, 2017.