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The City of Toronto (the "City") maintains this on-line parking ticket payment Web site (the "Site") as a service to anyone wishing to pay parking tickets issued on behalf of the City. Please review the following terms carefully. If you do not agree to these terms, you cannot use or gain access to the Site.
1. ACCEPTANCE OF AGREEMENT
All materials displayed or otherwise accessible through the Site, including without limitation, text, logos, graphics, photographs, images, and illustrations (collectively, the "Content") are protected under applicable Canadian and foreign copyright, trademark and other proprietary and intellectual property laws or other laws. You acknowledge that the Content is the property of the City or of its respective owners, as indicated, or as the case may be. In addition, the Site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. The copying, redistribution, use or publication by you of any such Content or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content or document obtained through the Site. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content to which access is gained through the Site.
3. Limited Right to Use
Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted the right to access, view and use the Site for your personal, non-commercial use, and are granted the right to download, store, and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
4. On-line Payment
Your receipt of an electronic form or other form of confirmation of payment does not signify the City's receipt of acceptance of your payment. Your payment shall be deemed to constitute an offer to pay which will be accepted by the City only upon successful payment by VISA, MasterCard or American Express.
In the event of a delay in or failure of performance under this Agreement by the City which arises by reason of force majeure, including without restriction an act of God, an act of any government or any governmental body, an act of war or terrorism, the elements, a strike, a lockout or a labour dispute, or any cause beyond the reasonable control of the City, the City shall not be responsible, and the City shall use best efforts to mitigate the effect of such force majeure, but nothing in this clause shall require the City to settle a labour dispute in order to render performance.
You hereby waive and release the City from any and all claims for damages or compensation arising from such delay or failure of performance.
5. Editing, Deleting and Modification
The City reserves the right in its sole discretion to edit or delete any documents, information, forms or other content appearing on the Site.
You agree to indemnify, defend and hold the City and its officials, employees, agents and representatives harmless from any liability, loss, claim and expense, including reasonable lawyer's fees, related to your violation of the Agreement or use of the Site.
The City provides the Site on an "as is", "as available", basis. The City does not make any express or implied warranties, representations or endorsements with respect to the Site including, but not limited to, warranties as to merchantability and fitness for a particular purpose, operations, non-infringement, usefulness, completeness, accuracy and reliability. Further, the City does not represent and warrant that the Site will be available or meet your requirements, that access will be uninterrupted, that there will be no delays, failures or errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of your data, hardware and software and to take reasonable and appropriate precautions against viruses and other contaminating or destructive properties.
8. NO LIABILITY
The City is not responsible for and will not be liable to you or anyone else for any damages whatsoever, including any indirect, special, incidental or consequential damages, arising out of or in connection with your use, or inability to use, the Site, even if the City has been advised of the possibility of such damages.
9. Collection, Use and Disclosure of Personal Information
10. No Harmful Use
You agree not to introduce into or through the Site any information or material which may be harmful to others. You warrant that information or material that you provide to the Site electronically through your access to or use of the Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you shall not:
11. Termination of Site Use
(a) interfere with or disrupt the Site or computer networks connected thereto;
(b) impersonate any other person or entity or make any misrepresentation;
(c) upload, post, transmit, publish or distribute any material or information to the Site which contains a computer virus or other code, files or programs intended in any manner to disrupt or interfere with the functioning of the Site;
(d) use the Site in such a manner as to gain unauthorized entry or access to the computer systems or networks of others or attempt to gain unauthorized entry or access to any password-protected or restricted areas of the Site or the City's computer or network systems;
(e) violate any law or regulation or any generally accepted Internet practice or interfere with any other Site user's ability to use the Site and any of the services or products provided on the Site;
(f) forge, alter or modify in any way any of the agreements, policies or other information posted or accessible within the Site;
(g) transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable and that may invade another's right of privacy or publicity;
(h) use the Site's communication features, if any, in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
(i) post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
(j) delete or revise any material posted by any other person or entity; or
(k) manipulate or otherwise display the Site by using framing or similar navigational technology.
At the City's sole discretion, the City may terminate or refuse to permit the use of any services on the Site and of the Site by any person, for any reason and without notice.
12. Applicable Law
The Site and the Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in the province, without regard to conflict of law principles. Any claims, disputes or legal proceedings arising out of or in connection with the Site or the Agreement shall be brought solely in the courts of the Province of Ontario. By accessing or using the Site you expressly submit to the exclusive jurisdiction of those courts, without regard to the conflict of laws principles thereof, to determine any claim, action or proceeding arising out of or in connection with the Site and the Agreement. You and the City require 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.
The provisions of this section and sections 2, 3, 4, 6, 7, 8 and 12 of this Agreement shall survive the expiry or termination of this Agreement for any reason.
Except for any agreements with the City that expressly reference this Agreement, this is the entire agreement between the City and you regarding your use of the Site. The City's failure to insist upon or enforce any provision of the Agreement shall not be considered a waiver of such provision or of the right to enforce such provision. If any part of the Agreement is determined to be void, invalid or unenforceable, the remaining parts will not be affected and will remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with the Agreement, the Agreement shall take precedence.