LAST UPDATED MAY 2021
1. DESCRIPTION OF THE SITE
The Site is owned and operated by the OAA, a self-regulating organization governed by the Architects Act
, R.S.O. 1990 c.A.26, which is an Ontario statute. The OAA is dedicated to promoting and increasing the skill and proficiency of its members and administering the Architects Act
so that the public interest may be served and protected.
The purpose of the Site is to provide, amongst others, resources about this self-regulated professional association, regulation of architects, and the practice of architecture, as well as information intended for the public, for those interested in becoming architects, for those interested in architecture, for students, and for members of the association. The goal of the Site is to foster excellence by being user-friendly, navigable, interactive, and design-focused.
2. ACCESS TO THE SERVICES
You certify to the OAA that if you are an individual (i.e., not a corporation), you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site and you take full responsibility for the selection and use of the Services and access of the Site.
The OAA will use commercially reasonable efforts to ensure that the Site and Services are accessible. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades, emergency repairs, or other unforeseeable or foreseeable reasons, or due to failure of telecommunications links and equipment. The OAA will take commercially reasonable steps to minimize such disruption where it is within the OAA’s reasonable control. You agree that the OAA will not be liable to you or to any other party for any suspension, modification, discontinuance, or lack of availability of the Site, the Services, your User Content (as defined herein), or any other Content.
You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
3. SITE CONTENT
The Site and the Services are protected, as applicable, by copyright pursuant to all applicable laws, regulations, and international conventions.
To the extent permitted by law, copying or storing of any Content, unless it is for personal, private, and non-commercial use, is expressly prohibited without prior written permission from the OAA, or from the copyright holder identified in such Content's copyright notice (in which case you must obtain permission directly from the User and not the OAA). All trademarks, service marks, and trade names which appear on the Site (other than those appearing in any Content posted by a User) are proprietary to the OAA and/or third parties. All rights are reserved. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright ©, pursuant to the Copyright Act
, R.S.C. 1985, c. C-42, international conventions, and any other applicable copyright laws.
If you believe that any portion of this Site infringes copyright, the OAA will use commercially reasonable efforts to attend to such allegations of infringement upon receiving a written notice of the details of such infringement at the following address:
Ontario Association of Architects
111 Moatfield Drive Toronto, ON M3B 3L6
Attn: OAA Website Copyright Infringement-Notification
Notwithstanding the foregoing, the OAA may, at its sole discretion, provide you with the ability to remove some or all of your User Content. Following any such removal, you acknowledge and agree that the OAA may continue using such User Content in the same manner and for the same purposes as it did prior to removal (such as, for example, User Content used in any advertising created prior to removal) and that the OAA shall have no responsibility or liability in respect of any User Content that has been shared with other users via the Services or that has been downloaded or copied by other users to other websites, systems, and devices.
You warrant, represent, and agree that you have the right to grant the OAA the rights set forth above.
You warrant, represent, and agree that you will not contribute any User Content that:
(a) infringes, violates, or otherwise interferes with any copyright, trademark, moral right, privacy right, publicity right, or other intellectual property right of another party;
(b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to post it;
(c) is libelous, defamatory, obscene, profane, infringing, pornographic, abusive, indecent, threatening, harassing, hateful, stalking in nature, offensive, or otherwise violates any law or right of any third party, including without limitation;
(d) advocates or encourages conduct that would constitute a criminal offence or give rise to civil liability;
(e) contains a virus, cancelbot, trojan horse, worm, time bomb, or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information;
(f) remains on the Site, or gets contributed again, after you have been notified that such User Content violates any of sections (a) to (g) of this section; or
(g) would reasonably be construed to have the effect of diminishing the reputation or standing of the OAA or of the practice and profession of architecture in general amongst the general public.
The OAA reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, perceived, actual or threatened claims of a violation of any of the foregoing, whether from third parties, governmental authorities, or the OAA itself), or for no reason at all. You are responsible for all User Content posted or developed under your username, including User Content contributed by a third party whom you have authorized to post User Content under your username. If you believe User Content residing on the Site infringes your copyright, please see our Copyright Policy provided herein.
You acknowledge and agree that the OAA is not responsible for verifying the identity of users of the Site. You further acknowledge and agree that the OAA is not responsible for the content or accuracy of any User Content, and will not be responsible for any reliance or decisions made based in such User Content.
Any comments, suggestions, or feedback relating to the Site or the Services (collectively “Feedback”) submitted to the OAA shall become the property of the OAA or its designee. You hereby irrevocable assign to the OAA your entire right, title, and interest in and to Feedback and waive all your moral rights in such Feedback. The OAA will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, Site, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future Site, Services, or operations. Without limitation, the OAA will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not the OAA, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
A particular type of Content on the Site is the blOAAg. The blOAAg is a section of the Site for registered users to post Content including, but not limited to, articles, images, videos, text, and links. The OAA reserves the right to limit user access to the blOAAg.
You agree that you are responsible for your own use of the blOAAg including, but not limited to, any posts and other User Content you make, and for any consequences thereof. You agree that you will use the blOAAg in compliance with all applicable laws, rules, and regulations, including any laws regarding the transmission of technical data and other data from your country of residence and other countries with whom you have a legally relevant connection and all Canadian laws related to the export or security of data.
The OAA does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any communications posted on the blOAAg or endorse any opinions expressed on the blOAAg. You acknowledge that any reliance on material posted on the blOAAg will be at your own risk.
5. TEUI Calculator
A further particular type of Content on the Site is a TEUI calculator, which may reside at www.teui.ca. The TEUI calculator allows specific users (“TEUI Users”) to calculate the energy performance of their home or building to receive a TEUI (Total Energy Use Intensity) rating. TEUI Users include, exclusively, (1) OAA Members, and (2) users with a non-commercial purpose. In a non-limiting example, non-commercial purposes can include residential homeowners calculating energy performance of their personal residence. Only TEUI Users are permitted to use the TEUI calculator, and the TEUI calculator is not to be used by any other Users.
TEUI Users acknowledge that all information and calculations provided by the TEUI calculator are provided for informational purposes only, without any recourse, guarantee, representation, or warranty, and the OAA does not represent, warrant, or guarantee the accuracy or completeness of, or the methodology used to produce, the TEUI calculation. TEUI Users acknowledge that the calculation by the TEUI calculator is limited to the accuracy of the data and information that is inputted by the user, and thus, TEUI Users agree not to rely upon the calculation or information provided because it may be an imperfect or inaccurate calculation. TEUI Users acknowledge that the calculations and information provided by the TEUI calculator do not form reliable or professional opinions of the energy performance of the respective TEUI User’s building, and any language presented in association with the TEUI calculator (such as “label”, “rating”, and “report”) are not to be construed as signifying a professional or official determination. All users should engage an OAA member having expertise in energy performance, or an energy performance specialist, should they wish to accurately measure and determine the energy performance of their building.
The OAA is providing the TEUI calculator “as is” without warranty of any kind, either express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. TEUI Users acknowledge and agree that in no event shall the OAA be liable to any TEUI User or any third party claiming under the TEUI User for incidental, consequential or special damages of any kind by reason of breach of warranty or based on contract, strict liability or otherwise.
The OAA reserves the right to limit or cease User access to the TEUI calculator at any time and without explanation, and reserves the right to further expand or restrict the Users considered to be TEUI Users.
You are responsible for all of your activity in connection with the Services and accessing the Site. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from the OAA, anyone affiliated or associated with the OAA, or any other user of the Site.
You shall not use any part of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity. You will not run Maillist, Listserv, any form of auto-responder, or spam on the Site, or any processes that run or are activated while you are not logged in.
7. WARRANTY DISCLAIMER
The OAA has no special relationship with or fiduciary duty to you. You acknowledge that the OAA has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release the OAA from all liability for your having acquired or not acquired Content through the Site. The OAA takes no responsibility if the Site contains, or directs you to sites containing, information that some people may find offensive or inappropriate. The OAA makes no representations concerning the Content contained in or accessed through the Site, and the OAA will not be responsible or liable for the accuracy, legality, or decency of material contained in or accessed through the Site. The Services, the Content, and the Site ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The OAA disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on the Site. By using the Site, you acknowledge that the OAA is not responsible or liable for any harm resulting from:
(1) Your use of the Site;
(2) Your having downloaded Content from the Site;
(3) Unauthorized disclosure of Content or data that results from the upload, download, or storage of User Content;
(4) The temporary or permanent inability to access or retrieve any User Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program; or
(5) the contents of any User Content.
8. THIRD PARTY WEBSITES
Users of the Site may gain access from the Site to third-party sites on the Internet through hypertext or other computer links on the Site. Third-party sites are not within the supervision or control of the OAA. Unless explicitly otherwise provided, the OAA makes no representation or warranty whatsoever about any third-party site that is linked to the Site, nor endorses the products or services offered on such site. Any correspondence with a third party are solely as between you and such third party. Responsibility for ensuring compliance with all applicable laws in connection with any such correspondence, or resulting transaction, will be yours alone. The OAA disclaims: (a) all responsibility and liability for Content on third party websites and (b) any representations or warranties as to (i) the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and (ii) the functionality of third party sites if you export User Content onto them. You hereby irrevocably waive any claim against the OAA with respect to such sites and third-party Content.
9. REGISTRATION AND SECURITY
You are neither permitted to share your username and password with any other person, nor permitted to share access to your user account with any other person.
You will use your best efforts to cooperate with the OAA in the defense of any claim. The OAA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT IN NO EVENT SHALL THE OAA BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES FOR (A) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT.
In connection with an appeal from any such arbitration, each party agrees to submit to the jurisdiction of the courts of the City of Toronto in the Province of Ontario and to waive any objections based upon venue.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against the OAA relating to any Claim and you also agree to opt out of any class proceedings against the OAA. Notwithstanding the foregoing, the OAA reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Ontario Association of Architects
Attn: OAA Website
111 Moatfield Drive
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Services or the Site must be filed within two years after such claim or cause of action arose or be forever barred.