LEGAL NOTICE AND PERMISSION FOR USE

PLEASE READ THE FOLLOWING LEGAL NOTICE AND PERMISSION FOR USE (“NOTICE”) CAREFULLY BEFORE PRESSING THE “I AGREE” BUTTON.  BY PRESSING THE “I AGREE” BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS NOTICE AND THAT YOU AGREE AND WILL BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS NOTICE, PRESS THE “I DISAGREE” BUTTON.  IF YOU PRESS THE “I DISAGREE” BUTTON YOU MAY NOT ACCESS OR USE THE DATA CONTAINED IN THIS WEBSITE RELATING TO THE MUSKOKA LAKES ASSOCIATION’S WATER QUALITY INITIATIVE.

1.                  Definitions:

In this Notice, the following terms shall have the following meanings:

“MLA” means the Muskoka Lakes Association, an Ontario non-profit corporation.

“Water Quality Initiative” or “Initiative” means the annual programme developed by the MLA for taking samples of water at certain sites on lakes and rivers in Muskoka and Parry Sound, Ontario, measuring the water samples in certain respects, and reporting the results.

“Affiliate” means a local association of property owners or residents that has made arrangements with the MLA for conducting the Water Quality Initiative on a lake or river where the Affiliate’s members reside or own property (an  “Affiliate’s Sampling Area”).

“Consultants” means the consultant or firm of consultants retained by MLA at any time to manage the Initiative.

“Data” means any information about results of the Initiative, made available through the Website or otherwise, and reports or printouts based thereon.

“Data Owner” means: (i) the MLA, in respect of Data derived from water samples collected from any location except one described in subparagraph (ii) including without limitation Lakes Muskoka, Rosseau, Joseph and Little Lake Joseph, and the Joseph River, Indian River including Mirror Lake, and the South Muskoka, Shadow and Hoc Roc Rivers(“MLA Owned Data”); or (ii) where there is in effect an agreement between the MLA and an Affiliate providing expressly for the joint ownership of Data derived from water samples collected from the Affiliate’s Sampling Area, the MLA and such Affiliate as tenants in common each as to an undivided half-interest as to such Data only (“Jointly Owned Data”).

“Disclaimant” means the MLA, any Affiliate, the Consultants, each Volunteer and each of their respective directors, officers, employees, and agents, and the heirs, executors, administrators, successors and assigns of each of them, as applicable.

“User” means anyone gaining access to, or making any use of, or relying on, the Data, and anyone claiming from or under such person or entity.

“Volunteer” means anyone, whether a member of the MLA or an Affiliate or otherwise, who participates on a voluntary basis in the Initiative by collecting water samples or otherwise.

“Website” means the MLA Internet website www.mla.on.ca, its pages, sub-pages and domain location.

2.       Purpose:

This Notice is necessary to avoid any misunderstanding as to rights of Users and the liability assumed by the Disclaimants in respect of the use of the Data.

3        Ownership, License Grants and Termination:

(a)    Ownership: All Data on the Website is (and shall continue to be) owned exclusively by the applicable Data Owner and is protected under applicable copyrights, patents, trademarks and/or proprietary rights.  Under no circumstances will the User acquire any ownership rights or other interests in the Data by or through the User’s use of the Website;

(b)   License Grant by MLA: MLA grants to each User, subject to the terms and conditions of this Notice, a non-exclusive, non-transferable, limited license to view, copy or print MLA Owned Data without alterations solely for the following purposes:

                                                         i.            Personal Use: User may use MLA Owned Data for personal purposes but not for commercial, political or any other public purposes except as provided for below;

                                                       ii.            Use in Submissions: User may use MLA Owned Data in any submission to a public authority, provided the submission contains the express acknowledgement of the source of such Data and the limitations of its use as set out in this Notice; and

                                                      iii.            Use in Publications: User may use MLA Owned Data in any academic, scientific or popular study, journal or newsletter, provided such publication is in accordance with this Notice and expressly acknowledges the source of the Data.

(c)    License Grant by MLA and Affiliate: MLA on behalf of itself and each Affiliate having an interest in particular Jointly Owned Data, as to MLA’s and such Affiliate’s interest as Data Ownersthereof, grants to each User, subject to the terms and conditions of this Notice, a non-exclusive, non-transferable, limited license to view, copy or print Jointly Owned Data without alterations solely for the following purposes:

                                                         i.            Personal Use: User may use Jointly Owned Data for personal purposes but not for commercial, political or any other public purposes except as provided for below;

                                                       ii.            Use in Submissions: User may use Jointly Owned Data in any submission to a public authority, provided the submission contains the express acknowledgement of the source of the Data and the limitations of its use as set out in this Notice; and

                                                      iii.            Use in Publications: User may use Jointly Owned Data in any academic, scientific or popular study, journal or newsletter, provided such publication is in accordance with this Notice and expressly acknowledges the source of such Data.

Except as provided above in subsections 3(b) and 3(c), User shall not use the Data in any way, including without limitation, in any court or administrative proceedings, without the applicable Data Owner’s express written permission.

(d)   Termination: User agrees that (i) MLA as to MLA Owned Data, and/or (ii) MLA or a particular Affiliate as to Jointly Owned Data in which they both have an interest, may, in the sole discretion of the party doing so, revoke any licence granted pursuant to subsections 3(b) and/or 3(c) of this Notice, as the case may be, and thereby terminate User’s use of and access to the Data, for any reason, including without limitation, breach of this Notice.  Such revocation shall be without prejudice to any other remedy available to MLA or any Affiliate, as the case may be.  Should User object to the terms and conditions of this Notice or any subsequent modifications thereto or become dissatisfied with the Data in any way, User’s only recourse is to immediately discontinue use of and access to the Data.

4        Disclaimer:

Use of or reliance on the Data by User is at User’s own risk.  The Disclaimants cannot and do not warrant the accuracy, completeness, timeliness or fitness for a particular purpose of the Data and disclaim all responsibility for same.  Furthermore, the Disclaimants do not guarantee in any way that they are providing all available information on the Website.

5        No Liability:

No User, or anyone else, shall have any recourse against any Disclaimant, whether by way of any suit, action or other legal proceeding, for any loss, injury, claim, cost, liability or any damages of any kind arising out of or in connection with the use of or reliance on or any decision made or action taken in such use of, or reliance on, the Data by the User or anyone else.  The foregoing limitation of liability shall apply regardless of the reason for any such loss, injury, claim, cost, liability or damages, whether or not due to: (a) any errors in or omissions from the Data; (b) any scientific flaw or inadequacy in the collection, evaluation or dissemination thereof; or (c) any defect in the dissemination of the Data through any website.  The foregoing limitation of liability shall, without limitation, extend to and include failure to take samples from any site other than those selected, or to analyse samples for any contaminant or other condition other than those selected.  No Disclaimant shall be liable, in any event, for any alleged defamation, or for special, indirect, incidental or consequential damages of any kind whatsoever, including but not limited to, damages for lost profits or revenues suffered by the User or any third party or legal fees and costs in any way due to, resulting from, or arising in connection with the collection, evaluation, or dissemination of the Data, or the failure of any Disclaimant to perform his, her or its duties howsoever caused and resulting from tort, negligence, wrongful acts, omissions or other legal statutory or equitable grounds, even if the Disclaimants have been advised of the possibility of such damages.

6        Indemnity:

User agrees to defend, indemnify and hold each Disclaimant, and all of them collectively, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of this Notice by User or in connection with the use by User of the Data or Website.

7        Changes:

The MLA reserves the right as against User at any time to withdraw any Data from the Website at any time, in which event such Data may no longer be used or relied upon by any User.

The MLA also reserves the right to change the terms of this disclaimer at any time by posting a revised disclaimer on the Website, which shall constitute notice to the User thereof.

8        Assignment:

No User may assign or sublicense User’s rights with respect to any Data without the prior written consent of the applicable Data Owner.

9             Third Party Beneficiary:

The User hereby acknowledges and agrees that (i) in consideration of the contribution of each Disclaimant to the Initiative, each Disclaimant in addition to the MLA may at the Disclaimant’s sole option enforce the provisions of sections 4, 5 and 6 of this Notice and (ii) in consideration of the contribution of each Affiliate to the Initiative, each Affiliate may at its sole option enforce its rights under the provisions of section 3 hereof in respect of its interest if any in Jointly Owned Data, to the same extent as if such Disclaimant or Affiliate were a direct party to this Notice.

10     Miscellaneous:

This Notice, including any and all documents referenced herein constitute the entire agreement between the Data Owner and User pertaining to the use of the Data.  The Data Owner’s failure to insist upon or enforce strict performance of any provision of this Notice shall not be construed as a waiver of any provisions or rights.  The invalidity or unenforceability of any provision of this Notice shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable. This Notice shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

By pressing the “I agree” button below, you agree: (1) that you have read the terms stated above; (2) you understand the terms stated above; (3) you intend to form a legally binding contract; (4) a printout of the terms stated above will constitute a “writing” under any applicable law or regulation; and (5) you agree to abide by all the terms of the Notice stated above.