Terms of Use

All creative and technical design, text, graphics, interfaces, interactive elements and the selection and arrangement thereof on the OnX.com website located at www.OnX.com are OnX Enterprise Solutions (“OnX”).

The materials used and displayed on the OnX.com website including, but not limited to, all text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos and trademarks, including “OnX.com” are the property of OnX or its affiliates or licensors and are protected by copyright, trademark, and other laws. Any use of the OnX.com website and, or, the proprietary materials, except as expressly set forth herein, including reproduction for purposes other than those noted above, modification, distribution, dissemination, retransmission, broadcasting or republication, reprinting or reposting without prior written permission of OnX is strictly prohibited.

“Mirroring” any proprietary material contained on the OnX.com website on any other server is also prohibited, without OnX Enterprise Solutions’ prior express written permission. Those wishing to republish online any copyrighted materials must obtain a licence from OnX, which OnX may grant or deny in its sole discretion and which shall require a copyright notice evidencing OnX’ ownership of the copyrighted material and an active link to the OnX.com home page, if applicable, all in a form determined by OnX. This permission terminates automatically without notice if any of these terms or conditions is breached. Upon termination, you will immediately cease to use, and will destroy, any proprietary materials.

OnX® TERMS OF USE

Use of Website Information

You may download, view, copy, and print documents and graphics (the “Materials”) contained in our website located at www.OnX.com (the “Site”) subject to the following: (a) the Materials may be used solely for personal, informational, non-commercial purposes; and (b) the Materials may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, licence, post, transmit, or distribute any information from this website in whole or in part without the express written authorization of OnX Enterprise Solutions or its affiliates (collectively “OnX”).

Third Party Website, Content, Products and Services

The Site provides links to websites and access to content, products and services from third parties, including users, advertisers, affiliates, and sponsors of the Site. You agree that OnX is not responsible for the availability of, and content provided on, third party websites. You should refer to the policies posted by these other websites regarding privacy and other topics before you use them. You agree that OnX is not responsible for third party content accessible through the Site, including opinions, advice, statements, and advertisements, and understand that you bear all risks associated with the use of such content. You agree that OnX is not responsible for: (a) the quality of third party products or services. You agree that OnX is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Termination of Use

You agree that OnX may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by OnX.

Changes

OnX reserves the right, at its sole discretion, to modify these Terms of Use in whole or in part, at any time. Please check this page periodically for changes. Changes in the Terms of Use will be effective when notice of such change is posted. Your continued use of the Site after any changes to the Terms of Use are posted will mean you accept those changes. OnX may terminate, change, suspend, or discontinue any aspect of the OnX Site, including the availability of any features of the Site, at any time. OnX may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Disclaimer

THIS SITE, THE INFORMATION, DOCUMENTS AND MATERIALS ON THE SITE, ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. OnX DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OnX OR AN OnX AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.

Limitation of Damage

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OnX, OR ITS AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF PERSONAL PROPERTY (INCLUDING DATA), COSTS OF COVER, OR ANY OTHER SIMILAR DAMAGES OR LOSS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, EVEN IF OnX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.

If you believe that your work has been copied and is accessible at our website in a way that constitutes copyright infringement, or that our website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing our copyright agent the information required by the Canadian Copyright Act, U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512 or similar .

Our agent for notice of claims of copyright infringement on or regarding this website can be reached as follows:

By Mail:

OnX Enterprise Solutions
Attn: Legal Department
20 Toronto St,
Toronto, ON M5C 2B8

Export Controls/Legal Compliance

None of the software or underlying information or technology available on the Site may be downloaded or otherwise exported or re-exported in violation of the laws and administrative regulations of Canada, the United States or any other applicable jurisdiction; or to anyone on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

Indemnification and Release

By accessing the OnX website, you agree to hold OnX harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the Site and any materials, services, or products available through our website. In addition, you hereby release OnX from any and all claims for damages (actual or consequential), costs, or expenses of any kind or nature whatsoever, that you may have against OnX arising out of or in any way related to any materials, software, services, or products made available at the Site. You hereby agree to waive all laws that may limit the efficacy of such releases.

International Users and Choice of Law

This Site is controlled, operated and administered by OnX from its offices within Canada. OnX makes no representation that materials at this site are appropriate or available for use at other locations outside of Canada and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of Canada, you are responsible for compliance with all local laws.

Use of this website or any information or Materials made available by OnX through this website is governed by the laws of the province of Ontario, Canada, and the federal laws of Canada, where applicable, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the provincial and federal courts sitting in Ontario, Canada. You agree to waive all defences of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. Any rights not expressly granted herein are reserved. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

These Terms of Use constitute the entire agreement between OnX and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of the Terms of Use shall continue in full force and effect.

OnX is a registered trademark of OnX Enterprise Solutions Ltd. Other names appearing on the Site may be trademarks of their respective owners.

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