Terms and Conditions
These are the terms and conditions related to using the CEPP site.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE
Purpose
This website is intended only to provide you with a general overview of the Community Energy Partnerships Program (CEPP). You are solely responsible for doing all things necessary to develop your project: including ensuring financial viability, ensuring technical soundness, complying with all applicable laws, regulations and safety requirements, and submitting applications into the OPA’s Feed-in-Tariff program. Where required, you are responsible for retaining professionals to assist you in this process.
While the CEPP makes every effort to ensure that the content of this website is complete, accurate and up to date, you should not rely on the statements contained herein without conducting your own investigations.
Acceptance
These terms constitute a legal agreement between you and the Ontario Power Authority (“OPA”) the owner the CEPP website. By using this website you are agreeing to these terms. Additional terms, conditions and requirements will apply to participate in the OPA’s Feed-In-Tariff program and the CEPP. You are wholly responsible for obtaining, (whether from the website or otherwise), reviewing and complying with all additional program-specific terms and conditions.
You agree to use the website only for the above-stated purpose, for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations. This website is designed for use in Ontario, Canada. Potential users in any other jurisdiction where laws (whether common or statutory) would: (i) void these terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law, the disclaimer and the limitation of liability); or (ii) render accessing or using the website or its content illegal, are not authorized to use the website or its content.
Non-Endorsement of Products, Manufacturers, Processes
While the website may recommend certain products, retrofits and/or processes, neither the OPA nor Community Power Fund or Deloitte endorses any particular manufacturer or service provider. They do not provide any warranties or guarantees, whether express or implied, for the use of any product, retrofit or process, nor do they assume any liability therefor. It is your responsibility to comply with all laws, regulations, safety manufacturer’s instructions or contact a licensed technician, as you deem appropriate.
Modifications
You agree that CEPP may, in its sole discretion and without prior notice or liability, at any time either temporarily or permanently discontinue or modify any aspect of the website or its content. It is your responsibility to ensure that you are accessing the most current version of the website. Your continued access or use of the website and/or its content signifies your acceptance of the updated or modified terms.
Disclaimer
THE WEBSITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WHILE THE CEPP ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, CEPP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL OR WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION: (I) THAT THE CONTENT CONTAINED WILL BE FIT FOR A PARTICULAR PURPOSE, (II) THE WEBSITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE WEBSITE WILL BE AVAILABLE OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT (BE THEY HUMAN OR COMPUTER ERRORS) WILL BE CORRECTED, (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE AND/OR NOT INTERCEPTED, AND (VI) ANY AND ALL WARRANTIES, OBLIGATIONS, AND CONDITIONS ARISING OTHERWISE. THE USE OF THE WEBSITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL THE OPA, THE COMMUNITY POWER FUND, DELOITTE, OR THEIR SUPPLIERS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST REVENUE, LOST PROFIT, BUSINESS INTERRUPTION, INACCURATE INFORMATION, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEB SITE, THE CONTENT OR THE SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF OPA, COMMUNITY POWER FUND OR DELOITTE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that your use of the website and/or the content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against OPA, Community Power Fund or Deloitte, or their suppliers, or their officers, directors, employees or agents.
Ownership and Licence
You acknowledge that the website and the content, including any trade-marks, maps, forms, information, software, photos, video, text, graphics or other material available on the website are protected under Canadian and international copyright laws and other intellectual property laws. Except as expressly provided in these terms, any reproduction, retransmission, distribution, republication, modification, adaptation, translation of, creation of derivative works based on, exploitation of, or participation in the transfer or sale of the website and/or the content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the website or its content is strictly prohibited. Subject to the terms and conditions of these terms, you are granted a limited, non-transferable and non-exclusive license to access, view and use the website and the content for the purpose described above and are granted the right to download, store and print single copies of items comprising the content for that purpose only, provided that you maintain all copyright and other notices contained in such content. If you violate any provision of these terms, your permission to use the website and the content automatically terminates and you must immediately cease use of the website and destroy any copies you have made of any content.
Site Links
The website may include links to other internet sites maintained by third parties (“Linked Sites”). The CEPP provides access to Linked Sites solely as a convenience to you. The CEPP has no control over Linked Sites and you acknowledge and agree inclusion of Linked Sites does not imply endorsement by CEPP, OPA, Community Power Fund or Deloitte of the Linked Sites or any content, advertising, products or other material available from Linked Sites. Neither the OPA, Community Power Fund or Deloitte shall be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites.
General
These terms shall be construed and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and each party further consents to exclusive jurisdiction of the courts of Ontario. These terms will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns. If any provision of these terms is held to be invalid or unenforceable to any extent, then the remainder of these terms will have full force and effect.