BY ACCESSING AND USING THIS WEBSITE, YOU ARE DEEMED TO HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS, WHICH CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND TOARC. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS AS AMENDED FROM TIME TO TIME, YOUR SOLE REMEDY WILL BE TO CEASE USING THIS WEBSITE.

Access to this website (the “Website”) is conditional upon acceptance by you (“You” and anything relating to You, hereinafter prefaced with “Your”) of the terms and conditions set out below, as well as any amendments or additional terms, policies, or procedures published on this Website from time to time by The Ontario Aggregate Resources Corporation (“TOARC”) in its sole discretion. Any amendments to this agreement will be at TOARC’s sole discretion. It is Your responsibility to check the terms and conditions of this agreement from time to time to keep informed of any such amendments or additions.

1. Copyright and Trade-marks

All materials published, downloaded or otherwise hosted on this Website, including, but not limited to, software, articles, text, information, reports, newsletters, data, web pages, html, scripts, code, images and all other content including the manner in which they appear or are displayed or presented (the “Content”) are protected by copyright laws or other intellectual property law and are owned by TOARC, its licensors or the party credited as the provider of the Content. Certain words, company or product names, phrases, logos, graphics and icons displayed on this Website constitute trade-marks of TOARC, its affiliates or third parties. Unless otherwise specified, the use, the retransmission or other copying or modification of any trade-marks displayed on this Website is prohibited.

2. Licence and Restrictions on Use

TOARC hereby grants to You a limited, personal, non-transferable and non-exclusive licence to access and/or display the Content only on Your computer using compatible browser software. Except as expressly set out herein, You have no right to copy, download display, perform, publish, reproduce, modify, adapt, arrange, translate, create derivative works of, reverse engineer, decompile, disassemble, transmit, bundle, sell, sub-license, export, merge, transfer, or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever.

3. No Endorsement and Third Part Links

This Website may contain hyperlinks to websites operated by parties other than TOARC and are provided for Your reference only. TOARC does not control such websites and will not be liable for any content, information or materials contained on such third party sites or for any correspondence, communications, or transactions that take place between You and any such third party sites. Your access and use of any third party websites, including the information, material, products and services contained therein are solely at Your own risk. No affiliation with or endorsement by TOARC of any third party or its products or services is expressed or implied by any information, material or content referred to, included on, framed within, or linked from or to this Website.

4. Liability Disclaimer

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT AND INFORMATION ON THIS WEBSITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL TOARC, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY CLAIM HOWSOEVER ARISING (INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE OR BREACH OF CONTRACT) FOR: (A) PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS OR REVENUE, ACCOUNTING FOR PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF USE OR LACK OF AVAILABILITY OF LICENSEE’S OR THIRD PARTY MATERIALS OR FACILITIES, INCLUDING COMPUTER RESOURCES AND ANY STORED DATA; (C) INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES; (D) CONTRIBUTION, INDEMNITY OR SET-OFF IN RESPECT OF ANY CLAIMS AGAINST LICENSEE; (E) ANY DAMAGES WHATSOEVER RELATING TO THIRD-PARTY PRODUCTS, MATERIALS OR ANY GOODS OR SERVICES OR (F) ANY DAMAGES WHATSOEVER RELATING TO INTERRUPTION, DELAYS, ERRORS OR OMISSIONS.

IN NO EVENT WILL THE CUMULATIVE TOTAL LIABILITY OF TOARC, ITS AFFILIATES AND THEIR RESPECTIVE AGENTS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES, ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE GREATER OF: (I) THE AMOUNT, IF ANY, PAID BY YOU TO TOARC UNDER THIS AGREEMENT TO ACCESS THIS WEBSITE IN THE YEAR IN WHICH THE CLAIM AROSE; OR (II) 1 CANADIAN DOLLAR ($1.00cdn).

5. Indemnification

You agree to defend, indemnify and hold harmless TOARC, its affiliates and their respective directors, officers, employees and agents from and against all damages, liabilities, claims and expenses, including legal fees, arising directly or indirectly out of any breach by You of the terms and conditions of this Agreement.

6. Termination or Alteration of this Website

TOARC will have the right at any time to change or discontinue, in whole or in part, any aspect or feature of this Website (including without limitation, Content, hours of availability, and equipment or software needed for access or use of this Website) at any time, without notice to you and without TOARC being liable to you. In the case where TOARC discontinues this Website, this agreement will immediately terminate.

Sections 3, 4, 5, 7, and 8 of this agreement will survive the termination or expiry of this agreement.

7. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the Federal Laws of Canada applicable therein. The parties hereto hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

8. General

This Agreement sets forth the entire agreement between You and TOARC with respect to the use of this Website and the Content. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from the Agreement and the remaining provisions shall remain in full force and effect. TOARC’s failure to enforce any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision of any other provision of this Agreement. This Agreement shall enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.