Website Terms

Welcome to the website for Smart Commute, a program of the  provincial agency known as Metrolinx (“Metrolinx”). This page states the terms and conditions which apply to your use of this Website, any consultation portal or related website as established by Metrolinx from time to time, and the website of any subsidiary or wholly owned entity of Metrolinx, including but not limited to the “Smart Commute” website (collectively referred to herein as the “Website”). Please read this page carefully. These terms and conditions constitute the sole and entire agreement between you and Metrolinx and governs your use of the Website. By using this Website you signify your acceptance of these terms and conditions. If you do not agree to the terms and conditions stated here, do not use the Website.

Metrolinx may change, modify, add or remove portions of the Website and/or these terms and conditions at any time in its sole discretion and without notice. Please refer to this page periodically to review the terms and conditions as such may be amended from title to time. Your continued use of the Website following the posting of any revised terms and conditions will mean that you accept any such revisions.

Use of Website

The material and information, including without limitation, text, data, images, illustrations, logos, audio clips, video clips, surveys and special promotions, (collectively the “Content”) made available by Metrolinx through the Website is for information purposes only and has been provided as a public service. Although every attempt hasbeen made to ensure its accuracy, the Website may contain incomplete information, inaccuracies or typographical errors. Metrolinx’s services and the Content of this Website are subject to continuous review and are subject to change without notice. In addition, any views expressed or made available by third parties on the Website or in itsContent are those of the respective third parties and not of Metrolinx.

The Website is provided on an “as is” and “as available” basis. Your use of the Website and its Content is entirely at your own risk. Metrolinx shall not be responsible for any detrimental reliance you may place on the Website or it’s Content. The information provided on the Website and its Contents is for information purposes only and is notintended to provide specific advice of any kind, including without limitation financial investment, legal, tax or accounting advice. It should not be relied upon in that regard,and any reliance on your part in that respect is solely your own risk.

The Website and its Content are owned and controlled by Metrolinx, and protected by copyright and other intellectual property laws. You are only entitled to view and make a copy of the Content for your own personal and non-commercial use, provided that you do not delete, obstruct or change any copyright, trademark or other proprietary notices. You may not sell or modify any of the Content or reproduce, download, upload, transmit, republish, display, perform distribute or otherwise use any part of the Content in any manner whatsoever without the prior written consent of Metrolinx or the applicable third party or except as specifically permitted on this Website. The use of the Content on any other website or networked computer is strictly prohibited. Any infringement ofMetrolinx’s rights will result in appropriate legal action.

The trademarks and logos included in the Content of the Website are the property of Metrolinx or other third parties. The display of these trademarks and logos on the Website does not imply that a licence or right of any kind has been granted. You are not permitted to use or display any of these marks without the prior written consent ofMetrolinx or the applicable third party.

Links to Resources

From time to time and for your convenience only, the Website may contain links to otherwebsites that are entirely independent of Metrolinx and the Website and are otherwise owned and operated by independent bodies. If you decide to visit such websites, you do so at your own risk. Metrolinx does not guarantee the accuracy of information contained in such websites and Metrolinx expressly disclaims, expressly and impliedly, any responsibility or liability for the accuracy, relevance, copyright, compliance, legality, decency or suitability of any material, products, services or information found on any linked website. The use of such links on the Website does not constitute in any manner a reflection on, affiliation with, or endorsement by Metrolinx of any such website or entity or its respective information, products or services.

Use of Forums, Polls, Bulletin Boards and Other On-Line Communication Media

To facilitate public discussion and obtain relevant feedback in respect of the work undertaken by Metrolinx, the Website may contain bulletin boards, chat rooms, or other message or communication facilities (individually a “Forum” and collectively “Forums”)for use by the general public. If you elect to use such Forums you agree to use them only to send and receive messages and material that shall not, in any manner or to anyextent, do any of the following:

 

  • Post, transmit, link to or otherwise distribute any materials, information, or content constituting, advocating or encouraging conduct that would constituteany criminal or quasi-criminal offence, or commit or cause the commission of any criminal or quasi-criminal offence or other tortuous conduct that could give rise to civil liability;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • publish, post, distribute or disseminate any defamatory, infringing, obscene,indecent or unlawful material or information;
  • infringe, contravene, breach or otherwise interfere with or harm the rights of anyother person, including without limitation any contractual, personality, confidentiality, privacy, moral, statutory, common law or intellectual property;
  • impersonate any person or entity, including, but not limited to, a Metrolinx officer,director, employee, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • interfere with, manipulate, alter, amend or in anyway affect the Content of the Website as posted by Metrolinx and/or other users of the Forums, including without limitation forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted to the Website
  • upload files that contain viruses, corrupted files, or any other similar software orprograms that may damage the operation of another’s computer;
  • advertise or offer to sell any goods or services, or conduct or forward any surveys, contests, or chain letters;
  • download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of any networks connected to the Website;
  • interfere with, disrupt, override or circumvent any usuage rules or security components imbedded into the Website; and
  • intentionally or unintentionally violate any applicable local, provincial, state, national or international law.

 

In communicating with Metrolinx and/or registering for use of the Website and Forums, you agree to provide information about yourself that is true, accurate, current and complete, and to keep such information true, accurate, current and complete. You may receive a password and account designation upon completing the Forums’ registration process or otherwise advising us of your intention to join the Website and Forums. You are responsible for maintaining the confidentiality of your password and account designation and are fully responsible for all activities that occur under your password or account. In this regard you agree to immediately notify Metrolinx of any unauthorized use of your password or account designation or any other breach of security. You will also ensure that you exit from the Website and any Forum at the end of each session.

The Forums and all postings located thereupon or otherwise on the Website are public and not private communications and may not be monitored, screened, sanctioned or endorsed by Metrolinx. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other material (collectively referred to as the “User Content”) are the sole responsibility of the person from whom such User Content originated. You must evaluate and bear all risks associated with the use of any Content and/or User Content, including any reliance on the accuracy,completeness, or usefulness of such Content and/or User Content. Metrolinx reserves the right for any reason to remove at any time without notice any User Content. Metrolinx reserves the right to deny, in its sole and absolute discretion, any user access to the Website or any portion thereof without notice to you.

By participating in the Forums or otherwise submitting any materials to Metrolinx through the Website or otherwise, save and except for any personal information we may collect from you, you automatically grant (or warrant that the owner of such materials expressly grants) Metrolinx a world-wide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly displayand perform, distribute and create compilations and derivative works from such submitted materials. Any ideas, suggestions or other material that you submit to Metrolinx shall become the property of Metrolinx. By submitting an idea or suggestion to Metrolinx, you are waiving any and all rights that you may have in the idea or suggestion, and Metrolinx shall be entitled to use the idea or suggestion as it so desires, as provided or as modified by Metrolinx, without any obligation to compensate you or others for the materials. In addition, you warrant that all “moral rights” in such materials have been waived.

Privacy

Metrolinx values and respects your privacy, and is committed to protecting your personal information by keeping it confidential and secure. Metrolinx’s collection and retention of your personal information is governed by the terms of the Freedom of Information and Protection of Privacy Act, R.S.O. 1990, and other relevant legislation.

In general, you may visit our Website without telling us who you are or revealing any personal information about yourself. If you choose to direct an inquiry to Metrolinx, submit a comment or suggestion, or enter a contest, we will ask you to provide your name, phone number, mailing address, and email address for the purposes of responding to your inquiry, comment or suggestion, or contest submission.

The Forums created and maintained from time to time by Metrolinx have been established to further the public participatory process in the work to be completed by Metrolinx. In respect of your registration and participation in the Forums, we will ask you to provide your name, mailing address, email address and telephone numbers. The purpose of our collection of such information is to facilitate your user access to the Forums, as well as to maintain a transparent process to the consultation process. By providing us with your personal information in this respect, you authorize and consent to its collection and use by us as set out in these terms and conditions. Your personal information will only be used by authorized parties to fulfill the purpose for which it was originally collected, or for a use consistent with that purpose.

In order to provide a transparent consultation process, however, after you register any comments that you wish to post on the Forums will be identified as generated by you, and where applicable, the name of your organization will also be identified and associated with your comment(s). Other personal information consisting of your mailing address, email address and telephone numbers will not be posted on the Forums or on any other portion of the Website. This information will only be used where necessary to help Metrolinx staff identify you and assist Metrolinx in providing you with such additional information that you may request from us. Metrolinx may also use suchinformation to contact you regarding any comments you may make.

Metrolinx does not and will not disclose your personal information to other public bodies or individuals except as authorized by you or the relevant legislation. If you prefer not to use our Website to submit an inquiry, comment or suggestion, you can contact us at http://www.metrolinx.com/en/contactStaff.aspx.

Some portions of the Website use cookies. A cookie is a unit of data that a websitesends to your browser. Cookies are typically used to make it more convenient for users to navigate through websites. They are stored on your hard drive and can recognize you when you return to our Website. Many browsers may be set to notify you when you receive a cookie. In addition, the servers on which the Forums are hosted automatically receive and record information from your internet browser, including your IP address,which information is stored on the server logs.

At times our Website may request information from you via surveys. Participation in such surveys is completely voluntary. At the time we conduct the survey, we will let you know how we intend to use the information collected. If you choose not to participate insurveys, you will still be able to use our Website.

Notwithstanding the foregoing, as the internet is not a secure medium, the privacy ofyour communications cannot be guaranteed. The nature of internet communications means that your use of the Website and communications to Metrolinx, either through the Forums or otherwise, may be susceptible to data corruption, unauthorized access, interception and delays.

If you visit other websites that may be linked, from time to time, to this Website, please note that they are not governed by this privacy policy.

If you have questions about the manner in which we collect your personal information,you may contact Kim Lambert, Director, Corporate Affairs, 20 Bay Street, Suite 901, Toronto, Ontario M5J 2N8, (416) 874-5900.

Contests

Metrolinx may occasionally run contests that offer prizes and that will require you to provide us with your personal information. You must read and agree to all the terms, conditions and rules that apply to that contest before entering it. By entering such contests from time to time, you acknowledge that you have read such rules as may apply, and agree to be bound by them.

Disclaimer and Exclusion of Liability

In accordance with the terms of use set out above, the Website is provided on an “as is”and “as available” basis. Metrolinx makes no representations, warranties, covenants, agreements or guarantees, express or implied, as to the accuracy, reliability, quality, suitability, truth, currency or completeness of any of the Website, its Contents, and any portion thereof, or any goods or services that may be recommended, advertised, sold or delivered in connection with the Website. All express or implied conditions, representations and warranties, including any implied warranty of merchantability ,fitness for a particular purpose or non-infringement, are hereby expressly disclaimed.

Metrolinx shall in no event be liable to you or to any other person or entity for any damages, liabilities, claims, losses, costs, expenses or injuries suffered in connection with or in any way relating to or resulting from your use of, or inability to use, the Website, its Content, or any portion thereof, including without limitation, your viewing, using, accessing, copying, downloading or storing any part of the Website or its Content. Under no circumstances whatsoever shall Metrolinx be liable to you or any other person or entity for any direct, indirect, special, incidental or consequential damages (including loss of business, revenue, profits, use, data or economic advantage), whether arising in contract, tort (including negligence), equity, or otherwise, and regardless of how same may arise or whether Metrolinx has been advised of or could have foreseen the possibility of such damages. Metrolinx further disclaims any and all liability for any consequences that may arise from any unauthorized reproduction or use of the Website or its Content. Any representations, warranties or covenants with respect to any goods or services referred to in the Website shall be subject to, governed by, and as stated in the applicable terms governing the provision of same.

Ensuring that your data and/or equipment used in connection with your use of the Website and its Content is adequately protected is entirely your responsibility. You agree that you will not make a claim or otherwise seek any equitable relief against Metrolinx for such losses as may be suffered by you in this respect, including but notlimited to lost data, rerun time, data corruption, communication interception, inaccurate output, work delays or lost business, profits, use or other economic advantage, resulting from any use of or access to the Website and its Content.

Applicable Law

Your use of this Website and these terms and conditions shall be governed and interpreted in accordance with the laws of the Province of Ontario. You acknowledgethat you have full legal capacity to use this Website and the Forums in accordance with the foregoing. By using this Website, you acknowledge and agree to submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in this respect. If you use the Website from another jurisdiction, you are responsible for compliance with any and all applicable local laws. Metrolinx does not represent that the materials contained within the Website and any of its Content are appropriate or otherwise available for customers outside the Province of Ontario.

Metrolinx Website Terms and Conditions of Use and Privacy PolicyWelcome to the website for the Greater Toronto Transportation Authority, a provincialagency also known as Metrolinx (“Metrolinx”). This page states the terms andconditions which apply to your use of this website, any consultation portal or relatedwebsite as established by Metrolinx from time to time, and the website of any subsidiaryor wholly owned entity of Metrolinx, including but not limited to the “Smart Commute”website (collectively referred to herein as the “Website”). Please read this pagecarefully. These terms and conditions constitute the sole and entire agreementbetween you and Metrolinx and governs your use of the Website. By using this Websiteyou signify your acceptance of these terms and conditions. If you do not agree to theterms and conditions stated here, do not use the Website.Metrolinx may change, modify, add or remove portions of the Website and/or theseterms and conditions at any time in its sole discretion and without notice. Please referto this page periodically to review the terms and conditions as such may be amendedfrom title to time. Your continued use of the Website following the posting of anyrevised terms and conditions will mean that you accept any such revisions.Use of WebsiteThe material and information, including without limitation, text, data, images,illustrations, logos, audio clips, video clips, surveys and special promotions, (collectivelythe “Content”) made available by Metrolinx through the Website is for informationpurposes only and has been provided as a public service. Although every attempt hasbeen made to ensure its accuracy, the Website may contain incomplete information,inaccuracies or typographical errors. Metrolinx’s services and the Content of thisWebsite are subject to continuous review and are subject to change without notice. Inaddition, any views expressed or made available by third parties on the Website or in itsContent are those of the respective third parties and not of Metrolinx.The Website is provided on an “as is” and “as available” basis. Your use of the Websiteand its Content is entirely at your own risk. Metrolinx shall not be responsible for anydetrimental reliance you may place on the Website or it’s Content. The informationprovided on the Website and its Contents is for information purposes only and is notintended to provide specific advice of any kind, including without limitation financialinvestment, legal, tax or accounting advice. It should not be relied upon in that regard,and any reliance on your part in that respect is solely your own risk.The Website and its Content are owned and controlled by Metrolinx, and protected bycopyright and other intellectual property laws. You are only entitled to view and make acopy of the Content for your own personal and non-commercial use, provided that youdo not delete, obstruct or change any copyright, trademark or other proprietary notices.You may not sell or modify any of the Content or reproduce, download, upload, transmit,republish, display, perform distribute or otherwise use any part of the Content in anymanner whatsoever without the prior written consent of Metrolinx or the applicable thirdparty or except as specifically permitted on this Website. The use of the Content on anyother website or networked computer is strictly prohibited. Any infringement ofMetrolinx’s rights will result in appropriate legal action.The trademarks and logos included in the Content of the Website are the property ofMetrolinx or other third parties. The display of these trademarks and logos on theWebsite does not imply that a licence or right of any kind has been granted. You arenot permitted to use or display any of these marks without the prior written consent ofMetrolinx or the applicable third party.Links to ResourcesFrom time to time and for your convenience only, the Website may contain links to otherwebsites that are entirely independent of Metrolinx and the Website and are otherwiseowned and operated by independent bodies. If you decide to visit such websites, youdo so at your own risk. Metrolinx does not guarantee the accuracy of informationcontained in such websites and Metrolinx expressly disclaims, expressly and impliedly,any responsibility or liability for the accuracy, relevance, copyright, compliance, legality,decency or suitability of any material, products, services or information found on anylinked website. The use of such links on the Website does not constitute in any mannera reflection on, affiliation with, or endorsement by Metrolinx of any such website or entityor its respective information, products or services.Use of Forums, Polls, Bulletin Boards and Other On-Line Communication MediaTo facilitate public discussion and obtain relevant feedback in respect of the workundertaken by Metrolinx, the Website may contain bulletin boards, chat rooms, or othermessage or communication facilities (individually a “Forum” and collectively “Forums”)for use by the general public. If you elect to use such Forums you agree to use themonly to send and receive messages and material that shall not, in any manner or to anyextent, do any of the following: Post, transmit, link to or otherwise distribute any materials, information, orcontent constituting, advocating or encouraging conduct that would constituteany criminal or quasi-criminal offence, or commit or cause the commission of anycriminal or quasi-criminal offence or other tortuous conduct that could give rise tocivil liability; defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (suchas rights of privacy and publicity) of others; publish, post, distribute or disseminate any defamatory, infringing, obscene,indecent or unlawful material or information; infringe, contravene, breach or otherwise interfere with or harm the rights of anyother person, including without limitation any contractual, personality,confidentiality, privacy, moral, statutory, common law or intellectual property; impersonate any person or entity, including, but not limited to, a Metrolinx officer,director, employee, official, forum leader, guide or host, or falsely state orotherwise misrepresent your affiliation with a person or entity; interfere with, manipulate, alter, amend or in anyway affect the Content of theWebsite as posted by Metrolinx and/or other users of the Forums, includingwithout limitation forging headers or otherwise manipulating identifiers in order todisguise the origin of any Content transmitted to the Website upload files that contain viruses, corrupted files, or any other similar software orprograms that may damage the operation of another’s computer; advertise or offer to sell any goods or services, or conduct or forward anysurveys, contests, or chain letters;, download any file posted by another user of a Forum that you know, orreasonably should know, cannot be legally distributed in such manner; interfere with or disrupt the Website or servers or networks connected to theWebsite, or disobey any requirements, procedures, policies or regulations of anynetworks connected to the Website; interfere with, disrupt, override or circumvent any usuage rules or securitycomponents imbedded into the Website; and intentionally or unintentionally violate any applicable local, state, national orinternational lawIn communicating with Metrolinx and/or registering for use of the Website and Forums,you agree to provide information about yourself that is true, accurate, current andcomplete, and to keep such information true, accurate, current and complete. You mayreceive a password and account designation upon completing the Forums’ registrationprocess or otherwise advising us of your intention to join the Website and Forums. Youare responsible for maintaining the confidentiality of your password and accountdesignation and are fully responsible for all activities that occur under your password oraccount. In this regard you agree to immediately notify Metrolinx of any unauthorizeduse of your password or account designation or any other breach of security. You willalso ensure that you exit from the Website and any Forum at the end of each session.The Forums and all postings located thereupon or otherwise on the Website are publicand not private communications and may not be monitored, screened, sanctioned orendorsed by Metrolinx. You understand that all information, data, text, software, music,sound, photographs, graphics, video, messages, tags or other material (collectivelyreferred to as the “User Content”) are the sole responsibility of the person from whomsuch User Content originated. You must evaluate and bear all risks associated with theuse of any Content and/or User Content, including any reliance on the accuracy,completeness, or usefulness of such Content and/or User Content. Metrolinx reservesthe right for any reason to remove at any time without notice any User Content.Metrolinx reserves the right to deny, in its sole and absolute discretion, any user accessto the Website or any portion thereof without notice to you.By participating in the Forums or otherwise submitting any materials to Metrolinxthrough the Website or otherwise, save and except for any personal information we maycollect from you, you automatically grant (or warrant that the owner of such materialsexpressly grants) Metrolinx a world-wide, perpetual, royalty-free, irrevocable and nonexclusiveright and license to use, copy, adapt, transmit, communicate, publicly displayand perform, distribute and create compilations and derivative works from suchsubmitted materials. Any ideas, suggestions or other material that you submit toMetrolinx shall become the property of Metrolinx. By submitting an idea or suggestionto Metrolinx, you are waiving any and all rights that you may have in the idea orsuggestion, and Metrolinx shall be entitled to use the idea or suggestion as it so desires,as provided or as modified by Metrolinx, without any obligation to compensate you orothers for the materials. In addition, you warrant that all “moral rights” in such materialshave been waived.PrivacyMetrolinx values and respects your privacy, and is committed to protecting yourpersonal information by keeping it confidential and secure. Metrolinx’s collection andretention of your personal information is governed by the terms of the Freedom ofInformation and Protection of Privacy Act, R.S.O. 1990, and other relevant legislation.In general, you may visit our Website without telling us who you are or revealing anypersonal information about yourself. If you choose to direct an inquiry to Metrolinx,submit a comment or suggestion, or enter a contest, we will ask you to provide yourname, phone number, mailing address, and email address for the purposes ofresponding to your inquiry, comment or suggestion, or contest submission.The Forums created and maintained from time to time by Metrolinx have beenestablished to further the public participatory process in the work to be completed byMetrolinx. In respect of your registration and participation in the Forums, we will askyou to provide your name, mailing address, email address and telephone numbers. Thepurpose of our collection of such information is to facilitate your user access to theForums, as well as to maintain a transparent process to the consultation process. Byproviding us with your personal information in this respect, you authorize and consent toits collection and use by us as set out in these terms and conditions. Your personalinformation will only be used by authorized parties to fulfill the purpose for which it wasoriginally collected, or for a use consistent with that purpose.In order to provide a transparent consultation process, however, after you register anycomments that you with to post on the Forums will be identified as generated by you,and where applicable, the name of your organization will also be identified andassociated with your comment(s). Other personal information consisting of your mailingaddress, email address and telephone numbers will not be posted on the Forums or onany other portion of the Website. This information will only be used where necessary tohelp Metrolinx staff identify you and assist Metrolinx in providing you with suchadditional information that you may request from us. Metrolinx may also use suchinformation to contact you regarding any comments you may make.Metrolinx does not and will not disclose your personal information to other public bodiesor individuals except as authorized by you or the relevant legislation. If you prefer not touse our Website to submit an inquiry, comment or suggestion, you can contact ushttp://www.metrolinx.com/en/contactStaff.aspxSome portions of the Website use cookies. A cookie is a unit of data that a websitesends to your browser. Cookies are typically used to make it more convenient for usersto navigate through websites. They are stored on your hard drive and can recognizeyou when you return to our Website. Many browsers may be set to notify you when youreceive a cookie. In addition, the servers on which the Forums are hosted automaticallyreceive and record information from your internet browser, including your IP address,which information is stored on the server logs.At times our Website may request information from you via surveys. Participation insuch surveys is completely voluntary. At the time we conduct the survey, we will let youknow how we intend to use the information collected. If you choose not to participate insurveys, you will still be able to use our Website.Notwithstanding the foregoing, as the internet is not a secure medium, the privacy ofyour communications cannot be guaranteed. The nature of internet communicationsmeans that your use of the Website and communications to Metrolinx, either throughthe Forums or otherwise, may be susceptible to data corruption, unauthorized access,interception and delays.If you visit other websites that may be linked, from time to time, to this Website, pleasenote that they are not governed by this privacy policy.If you have questions about the manner in which we collect your personal information,you may contact Kim Lambert, Director, Corporate Affairs, 20 Bay Street, Suite 901,Toronto, Ontario M5J 2N8, (416) 874-5900.ContestsMetrolinx may occasionally run contests that offer prizes and that will require you toprovide us with your personal information. You must read and agree to all the terms,conditions and rules that apply to that contest before entering it. By entering suchcontests from time to time, you acknowledge that you have read such rules as mayapply, and agree to be bound by them.Disclaimer and Exclusion of LiabilityIn accordance with the terms of use set out above, the Website is provided on an “as is”and “as available” basis. Metrolinx makes no representations, warranties, covenants,agreements or guarantees, express or implied, as to the accuracy, reliability, quality,suitability, truth, currency or completeness of any of the Website, its Contents, and anyportion thereof, or any goods or services that may be recommended, advertised, sold ordelivered in connection with the Website. All express or implied conditions,representations and warranties, including any implied warranty of merchantability,fitness for a particular purpose or non-infringement, are hereby expressly disclaimed.Metrolinx shall in no event be liable to you or to any other person or entity for anydamages, liabilities, claims, losses, costs, expenses or injuries suffered in connectionwith or in any way relating to or resulting from your use of, or inability to use, theWebsite, its Content, or any portion thereof, including without limitation, your viewing,using, accessing, copying, downloading or storing any part of the Website or itsContent. Under no circumstances whatsoever shall Metrolinx be liable to you or anyother person or entity for any direct, indirect, special, incidental or consequentialdamages (including loss of business, revenue, profits, use, data or economicadvantage), whether arising in contract, tort (including negligence), equity, or otherwise,and regardless of how same may arise or whether Metrolinx has been advised of orcould have foreseen the possibility of such damages. Metrolinx further disclaims anyand all liability for any consequences that may arise from any unauthorized reproductionor use of the Website or its Content. Any representations, warranties or covenants withrespect to any goods or services referred to in the Website shall be subject to, governedby, and as stated in the applicable terms governing the provision of same.Ensuring that your data and/or equipment used in connection with your use of theWebsite and its Content is adequately protected is entirely your responsibility. Youagree that you will not make a claim or otherwise seek any equitable relief againstMetrolinx for such losses as may be suffered by you in this respect, including but notlimited to lost data, rerun time, data corruption, communication interception, inaccurateoutput, work delays or lost business, profits, use or other economic advantage, resultingfrom any use of or access to the Website and its Content.Applicable LawYour use of this Website and these terms and conditions shall be governed andinterpreted in accordance with the laws of the Province of Ontario. You acknowledgethat you have full legal capacity to use this Website and the Forums in accordance withthe foregoing. By using this Website, you acknowledge and agree to submit and attornto the exclusive jurisdiction of the courts of the Province of Ontario in this respect. Ifyou use the Website from another jurisdiction, you are responsible for compliance withany and all applicable local laws. Metrolinx does not represent that the materialscontained within the Website and any of its Content are appropriate or otherwiseavailable for customers outside the Province of Ontario.