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IMPORTANT: BEFORE LOGGING-IN AND USING THIS WEB SITE, YOU AND YOUR INSTITUTION MUST ACCEPT AND COMPLY WITH ALL REQUIREMENTS OF MANITOBA HYDRO INCLUDING THE FOLLOWING TERMS. OTHERWISE, PLEASE DO NOT LOG-IN OR USE THIS SITE. Manitoba Hydro Internet Site - Terms Of Use
To access and use this Web site, including, without limitation, all information, data, and materials, accessed, submitted, and exchanged, through or in connection with this site (collectively the "Site"), you and your institution must have an existing written contract with Manitoba Hydro on protection of Manitoba Hydro’s information and property, and must also have an existing Network Access Agreement with Manitoba Hydro (collectively the “Contract”).
Your access and use of the Site is governed by the Contract, and does not alter or diminish your or your institution’s obligations to Manitoba Hydro under the Contract or otherwise. You and your institution are solely responsible for determining the suitability, and for verifying the accuracy, timeliness, and completeness, of the Service in respect of your/your institution’s purposes, requirements, and obligations to Manitoba Hydro.
You may use the Service only for accessing, submitting, and exchanging information, data, and materials, with Manitoba Hydro as authorized by your institution to perform your institution’s obligations under the Contract, and for no other purpose whatsoever. You must keep the means for accessing the Service (such as username and password), and all information, data, and materials accessed, submitted, or exchanged, strictly confidential.
You may only access, submit, and exchange, through the Service, information, data, materials, that are specifically designated by Manitoba Hydro to be for/from you, and you will not attempt to circumvent any security controls or to access, submit, or exchange, any other information, data, or materials. You must ensure that the computer system used to access the Service, and all information, data, and materials, you submit or exchange, are free of viruses, malware, or other harmful properties or components that may adversely affect the Service.
The Service, including, without limitation, all information, data, materials, and intellectual property rights thereto, is and shall be exclusively owned by Manitoba Hydro. You and your institution, directly or indirectly, shall not contest or challenge Manitoba Hydro’s ownership and rights to any part of the Service.
Manitoba Hydro and its affiliates, officers, directors, employees and agents shall not be liable for any damages of any kind whatsoever (including, without limitation, any direct, indirect, punitive, incidental, special, compensatory or consequential damages) resulting from, arising out of, or in any way related to, the Service, your use of or inability to use the Service, or any information, data, or materials accessed, submitted, or exchanged, even if Manitoba Hydro has been advised of the possibility of same.
You and your institution shall fully indemnify and hold harmless Hydro, its affiliates, directors, officers, employees and agents, from and against all losses, costs, damages and expenses, including reasonable legal fees, suffered or incurred from, as a result or arising out of, or related to the Service, your use of or inability to use the Service, or any information, data, or materials accessed, submitted, or exchanged, or any negligence or misconduct, by you or your institution.
Violation of any requirement of Manitoba Hydro may result in immediate termination of the Contract and your access to the Service, and may also result in the commencement of legal proceedings or action against you and your institution.
These Terms of Use hall be governed by the laws of Manitoba and the applicable laws of Canada without regard to Manitoba or Federal Canadian law governing conflicts of law. You and your institution hereby irrevocably attorn to the exclusive jurisdiction of the Court of Queen’s Bench of Manitoba, Winnipeg Centre.
Last updated Sept 4, 2014. |