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Terms of Use

Last Updated/Effective Date: December 2, 2024

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OCEANCONNECT.CA.

Acceptance of Terms of Use

Welcome to the ocean information service (“Services”) operated by the Hakai Institute, a division of the Tula Foundation (collectively, “Provider”) and made available via the oceanconnect.ca website (the “Website”). Your access to, and use of, the Services are subject to these terms of use (“Terms of Use”) and all applicable laws and regulations. By accessing and using the Services, you accept, without limitation or qualification, these Terms of Use. If you are using the Services on behalf of another person or entity, you represent that you are authorized to accept these Terms of Use on that person’s or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms of Use. If you do not agree and accept, without limitation or qualification, these Terms of Use, please exit the Website and do not use the Services.

Provider reserves the right to change or modify any of the terms and conditions contained in these Terms of Use at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Website. Your continued use of the Services following the posting of the changes or modifications will constitute your acceptance of such changes or modifications.

Description of Services

The Website provides you with access to the Services containing content, information and data about ocean conditions and forecasts in the Salish Sea (“Services Data”) supplied by Provider or its third party suppliers including data sources, models, weather stations, tides and currents stations, buoys, and webcams.

Internet Access

In order to use this Website, you must obtain access to the internet, either directly or through devices that access web based content in a form which is compatible with the Services. You will be responsible for obtaining and maintaining all devices and communications links needed for access to and use of this Website and all charges related thereto including but not limited to internet service fees and mobile data charges.

License

For the purpose of accessing the Services, Provider grants you a non-transferable and non-exclusive right and license to use the Website for informational purposes only. You may view, download and print-out web pages and content from the Website for these permitted purposes but may not otherwise copy, modify, or use the Website or its contents. You may use the Website only for lawful purposes. You may not sell, rent, sublicense, redistribute, or lease any part of the Services.

Any unauthorized use of the Website will terminate the license granted by these Terms of Use and may violate applicable law including copyright laws and trademark laws.

Website

The Website, including all text, images, trademarks, logos, domain names, and trade dress, and all intellectual property rights therein, are owned by Provider or its third party suppliers, with all rights reserved unless otherwise noted, and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree that you will not (and will not allow any third party to copy, create a derivative work of, modify, adapt, frame, reverse assemble, reverse engineer, hack or attempt to probe for vulnerabilities, or use any data mining, robots, or similar data gathering and extraction methods to access the Website (or any part thereof).

Age

You must be at least 18 years of age (or the legal age of majority, whichever is greater) to use the Services or, if you are under 18 years of age (or the legal age of majority, whichever is greater), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian of a user under the age of 18 (or the legal age of majority), you agree to be fully responsible for the acts or omissions of such user in connection with the use of the Services.

Privacy Policy

Any of your personal information transmitted through or collected by the Website will be collected, used and disclosed by Provider in accordance with the Provider Privacy Policy available at https://oceanconnect.ca/docs/privacy/

This Website may contain links to sites or integrate services owned or operated by Provider’s third party suppliers. Provider does not control, and is not responsible for, the availability, content, or accuracy of such sites and services. Without limiting the foregoing, Provider specifically disclaims any responsibility if such sites and services: (a) infringe any third party’s rights including privacy or intellectual property rights; (b) are inaccurate, incomplete or misleading; (c) contain viruses or other items of a destructive nature; (d) do not provide adequate security; (e) are not of merchantable quality or fit for a particular purpose; or (f) are libelous, defamatory or contain offensive content. Third party suppliers may have their own terms and conditions of use and privacy policies and your use of their sites and services will be governed by and subject to those terms and conditions and privacy policies. Provider does not endorse any third party supplier’s sites and services. Provider does not guarantee the continuing availability of any third party sites and services on the Website.

Security of Communications

The Website provides opportunities for you to send us messages, however, we discourage you from sending us sensitive or confidential information because this is neither a secure nor a confidential method of communication. If you send us messages via the Website, we may respond to you by email and you agree that we will not be not liable for the loss, interception, misuse or alteration of any information sent by email.

Liability Disclaimer

YOU UNDERSTAND AND AGREE THAT:

1. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESSED, IMPLIED, OR STATUTORY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND. PROVIDER AND ITS THIRD PARTY SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALL CONTENT AND SERVICES ARE SUBJECT TO CHANGE.

2. PROVIDER AND ITS THIRD PARTY SUPPLIERS MAKE NO EXPRESSED, IMPLIED, OR STATUTORY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND THAT: (a) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, ACCURATE OR ERROR-FREE; (b) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS; (c) THE SERVICES DATA OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, BE SUITABLE FOR ANY PURPOSE, OR BE ACCURATE, COMPLETE, RELIABLE, CURRENT, TIMELY, ADEQUATE, OR ERROR-FREE. PROVIDER AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL LIABILITY FOR THE USE OR INTERPRETATION OF THE SERVICES DATA. SERVICES DATA MAY BE DELAYED, INACCURATE OR CONTAIN ERRORS OR OMISSIONS, AND PROVIDER AND ITS THIRD PARTY SUPPLIERS WILL HAVE NO LIABILITY WITH RESPECT THERETO. PROVIDER DOES NOT ENDORSE NOR IS RESPONSIBLE FOR THE SERVICES DATA OF ANY THIRD PARTY SUPPLIER.

3. YOU OBTAIN SERVICES DATA THROUGH THE SERVICES AT YOUR OWN RISK AND DISCRETION. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER SYSTEM THROUGH YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGE CAUSED BY DOWNLOADING SERVICES DATA. WHILE PROVIDER ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SERVICES IS SAFE, PROVIDER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

4. UNDER NO CIRCUMSTANCES WILL PROVIDER OR ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY (a) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR OTHER SIMILAR DAMAGES (b) DAMAGES FOR LOSS OF PROFITS OR REVENUE, LOSS OF SAVINGS, LOSS OF PRODUCTIONS, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, OR REPUTATIONAL DAMAGE, OR LOSS OF GOODWILL OR (c) DAMAGES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, IN ALL CASES INCURRED BY YOU OR ANY THIRD PARTIES AND EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN ANY EVENT, PROVIDER AND ITS THIRD PARTY SUPPLIERS WILL NOT BE LIABLE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER BASIS WHATSOEVER) FOR ANY AMOUNT GREATER THAN $100 CANADIAN DOLLARS.

6. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICES, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE AND SERVICES.

RELEASE AND WAIVER OF LEGAL RIGHTS; INDEMNITY

BY USING THE SERVICES YOU KNOWINGLY AND VOLUNTARILY, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES, ADMINISTRATORS AND ASSIGNS, FOREVER WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS PROVIDER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES, INDIVIDUALLY AND COLLECTIVELY, PREDECESSORS, SUCCESSORS, SHAREHOLDERS, INSURERS AND ASSOCIATED AND RELATED COMPANIES FROM ANY AND ALL LIABILITY, DAMAGES, LOSSES, SUITS, DEMANDS, DUES, ACCOUNTS, COVENANTS, WARRANTIES, INDEMNITIES, CONTRACTS, GRIEVANCES, PROCEEDINGS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHER CLAIMS OF ANY NATURE WHATSOEVER, FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH,) ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, THE SERVICES, OR THE SERVICES DATA.

YOU WILL FULLY INDEMNIFY AND HOLD HARMLESS PROVIDER, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, PARTNERS,EMPLOYEES INDIVIDUALLY AND COLLECTIVELY, PREDECESSORS, SUCCESSORS, SHAREHOLDERS, INSURERS AND ASSOCIATED AND RELATED COMPANIES, FROM ANY CLAIMS OR DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING LEGAL FEES ON A SUBSTANTIAL INDEMNITY BASIS ) ARISING OUT OF YOUR USE OF THE WEBSITE, THE SERVICES, OR THE SERVICES DATA, AND/OR YOUR VIOLATION OF THESE TERMS OF USE.

Termination

Provider reserves the right, without notice, to terminate access to and use of the Website and Services, and to block or prevent future access to and use of the Website and Services. You agree that all terminations and limitations of access and suspensions will be made in Provider’s sole discretion and Provider will not be liable to you or any third party with respect thereto.

Choice of Law

These terms and conditions of service will be governed by, and construed in accordance with, the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable therein, without giving effect to its conflict of laws provisions that would apply a different body of law. You and Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of British Columbia, Canada for disputes arising out of or related to these Terms of Use or your use of the Website and Services.

General Provisions

The failure of Provider to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty and conditions disclaimers and liability limitations above, the parties nevertheless agree that the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the other provisions of the Terms of Use remain in full force and effect. If the invalid or unenforceable provision cannot be so replaced, then that provision will be considered severable from the remaining provisions, and will not affect their validity and enforceability. You may not assign any of your rights under these Terms of Use. Provider may assign and transfer its rights and obligations under these Terms of Use without restriction. If Provider fails to enforce any provision of these Terms of Use, that will not operate as a waiver. These Terms of Use make up the entire agreement between you and Provider regarding the use of the Website and Services, and supersede any prior agreement.

OceanConnect™ trademark

The "OceanConnect" service name, its logo, and animation are trademarks owned by the Tula Foundation and have been filed with the Canadian Intellectual Property Office (CIPO) and the United States Patent and Trademark Office (USPTO). Unauthorized use of our trademarks is prohibited, and includes but is not limited to misrepresentation of the service; commercial use of our trademarks without our permission; providing unauthorized goods or services through these trademarks; and use of these trademarks in providing competing goods or services.