LAST UPDATED MAY 2021
Please read these Terms of Use carefully before using the website at the domain
www.oaa.on.ca,
www.teui.ca,
www.shiftchallenge, and any associated domains or subdomains, (collectively the “Site”). By using the Site, you (“User” or “you”) signify your assent to become bound without limitation or qualification under the following terms and conditions and such other additional or alternative terms, conditions, rules and policies, as amended from time to time at the sole discretion of the OAA, which are displayed or to which you may be directed (collectively the ”Terms of Use”).
If you do not agree to all of the terms and conditions of the Terms of Use, you are not permitted to use the Site or any services provided by or in association with the Site (the “Services”). These Services include, but are not limited to, any services performed by the Ontario Association of Architects, its affiliates, associated persons, associated entities, directors, officers, volunteers, employees, or members (collectively the “OAA”) by means of the Site, as well as provision of any materials displayed or provided on the Site; including, but not limited to, text, graphics, articles, photographs, images, illustrations, audio, and video (generally referred to as “Content”).
The OAA’s acceptance is expressly conditioned upon your assent to all of the terms and conditions of these Terms of Use, to the exclusion of all other terms.
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
Subject to the terms and conditions of this Terms of Use, the OAA may offer to provide the Services solely for your own use, and not for the use or benefit of any third party. The OAA may change, suspend, or discontinue the Services, including any Content, for any reason and at any time in its sole discretion, including the availability of any feature, database, or Content. The OAA may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice and at the OAA’s sole discretion.
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
Except as permitted in this Terms of Use, you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content in whole or in part. You acknowledge and agree that if you use any of the Services to contribute Content to the Site (“User Content”), you hereby grant the OAA a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, reproduce, publicly display, publicly perform, adapt, collect, modify, delete from, distribute, transmit, and make derivative works of such User Content (including all related intellectual property rights) in connection with offering, providing, marketing, and promoting the Site and Services, in any medium now existing or developed in the future, without attribution. You furthermore waive, in favour of the OAA and all subsequent users of such User Content, all moral rights you may have in such User Content. You acknowledge and agree that User Content is intended to and will be made available to, and may be used by, other users of the Site.
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.
4. blOAAg
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.
As of the date of this Terms of Use, blOAAg articles may be posted only by OAA Members and by those within a particular status category. OAA Members and status categories include: Architect, Intern architect, Student Associate, Life, Honorary, or Retired Member, Non-Practising, and other approved status holders. All practices offering or providing services to the public must have a “Certificate of Practice” issued by the OAA and carry professional liability insurance. When posting a project and/or image, members must identify their ‘role’ on the project and ensure proper credit of authorship is provided by conforming to sections 42, sub-sections 31 and 34 of the Regulation 27 under the Architects Act and to Regulation Notice R.5. v1.0; including providing photography credit and providing the practices involved on a project and the Architect of Record. The OAA may remove projects and/or images posted by users determined by the OAA in its sole discretion as not having the authority to post such project and/or image, not providing proper credit, or any other reason the OAA considers appropriate.
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.
Violation of any of the terms in the Terms of Use could result in immediate termination of this Terms of Use, revocation of your login credentials and/or use of the blOAAg, and may subject you to provincial and federal penalties and other legal consequences. The OAA reserves the right, but shall have no obligation, to investigate and disclose your use of the blOAAg in order to (a) determine whether a violation of the Terms of Service has occurred; or (b) comply with any applicable law, regulation, legal process, or governmental request. You acknowledge and agree that the OAA has no obligation to notify you of any such investigation or disclosure.
Much of the Content of blOAAg, including the contents of specific postings, is provided by and is the responsibility of the person or people who made such postings. The OAA takes commercially reasonable efforts to monitor the Content of blOAAg by way of a flagging system. The Site may include functionality enabling authorized users to flag questionable Content for review by OAA administrators. At the sole discretion of the OAA, flagged Content may be taken offline and remain hidden until reviewed by OAA administrators. If it appears that blOAAg postings violate this Terms of Use, including carrying offensive, harmful, inaccurate, libelous, defamatory, obscene, profane, infringing, pornographic, abusive, indecent, threatening, harassing, deceptive, hateful, stalking in nature, offensive, or otherwise inappropriate material, the OAA may, in its sole discretion, remove such Content and takes no responsibility for such Content. The OAA also reserves the right, at its sole discretion, to ban abusive users and/or flaggers.
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.
6. RESTRICTIONS
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
As a condition to using the Site and/or the Services, you may be required to register an account with the OAA and select a username and password for such account. You shall provide the OAA with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your account. The Site may, from time to time, request that you change your password to maintain general security of the Site and your account.
The username you select for accessing the Site is considered User Content. You shall therefore comply with the requirements set forth in Section 3 of this Terms of Use in connection with your selection of a username. Furthermore, you may not select or use the name of another person with the intent to impersonate that person. The OAA reserves the right to refuse registration of, or cancel, a username at its sole discretion. You shall be responsible for maintaining the confidentiality of your password and ensuring that your password is sufficiently unique and is reasonably secure.
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.
10. INDEMNITY
You will indemnify and hold the OAA, its directors, officers, volunteers, employees, and members, including all third parties mentioned on the Site, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, your User Content, your violation of this Terms of Use, or your infringement, or the infringement by any third party using your account, of any intellectual property or other right of any person or entity.
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.
12. TERMINATION
The user may advise the OAA that they no longer wish to access the Site or Services at any time by notifying the OAA in writing. Upon such notice, your right to use the Services and access the Site terminates immediately, and the OAA may remove your User Content within a commercially reasonable time thereafter. All provisions of this Terms of Use which by their nature should survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability, shall survive termination.
13. PRIVACY
Please review the OAA Privacy Policy, which governs the use of personal information on the Site and to which you agree to be bound as a user of the Site.
14. MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights provided herein. The OAA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the OAA’s reasonable control, including, without limitation, mechanical, electronic or communications failure, or degradation. If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
This Terms of Use is not assignable, transferable, or sublicensable by you except with the OAA’s prior written consent. The OAA may transfer, assign or delegate this Terms of Use and its rights and obligations without your consent. This Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario without regard to the conflict of laws provisions thereof.
Except where prohibited by applicable law, any controversy, claim, or dispute arising out of, or relating to, these Terms of Use, the use of the Site, and/or the Services, which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by a private and confidential binding arbitration held in Toronto, Ontario and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced, or re-enacted from time to time. The arbitrator will be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim, controversy, or dispute of any other party.
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.
Both parties agree that this Terms of Use (including the associated Privacy Policy and any associated agreements) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Terms of Use. No agency, partnership, joint venture, or employment is created as a result of this Terms of Use and you do not have any authority of any kind to bind the OAA in any respect whatsoever. Any notice to by you to the OAA that is required or permitted by this Terms of Use shall be in writing and shall be deemed effective within 30 days when sent by or when delivered in person by a nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to:
Ontario Association of Architects
Attn: OAA Website
111 Moatfield Drive
Toronto, Ontario
M3B 3L6
The OAA reserves the right, at its discretion, to modify this Terms of Use, or any Terms or Conditions, or the Content at any time by posting a notice on the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the Terms and Conditions of this Terms of Use as modified.
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.