PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

Acceptance

These terms constitute a legal agreement between you and Ontario Power Authority ("OPA") the owner and operator of this web site (the "Web Site"). By indicating "I Agree" upon your registration for the Web Site or by accessing this Web Site in any manner you are agreeing to these terms.

Purpose

This Web Site is intended to enable participation in the Feed-in Tariff Program ("FIT Program") administered by the OPA (the "Purpose"). The Web Site includes information about the FIT Program, the associated application process and application status, as well as certain informational tools which assist applicants under the FIT Program (collectively referred to as the "Content" in these terms). You agree to use the Web Site and the Content for the Purpose, for lawful purposes only and in a manner consistent with all applicable local, national or international laws, rules and regulations. This Web Site is designed for use in Ontario, Canada. Potential users in any other jurisdiction where laws (whether common or statutory) would: (i) void these terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to the governing law, the disclaimer and the limitation of liability); or (ii) render accessing or using the Web Site or the Content illegal, are not authorized to use the Web Site or the Content.

Account, Passwords and Security

You are required to open an account in order to use the Web Site. You must provide accurate, current and complete information as prompted through the registration process. You will also be required to choose: (a) a user name for the account, and (b) a password which conforms to the password strength requirements of the account page. You must maintain the confidentiality of your password. You are entirely responsible for all activities that occur on your account. You agree to notify OPA immediately of any misuse of your account or any security breach of which you become aware.

Time-Sensitive Features

You acknowledge that the FIT Program requires that applicants meet certain time deadlines, and the failure to do so may result in disqualification and/or monetary losses. The Web Site and the Content are provided for convenience only and such provision does not relieve applicants of their obligation to track time deadlines. The OPA shall not be responsible for any missed deadlines by applicants or for any loss of priority attributable to lack of availability or error in the Web Site. You agree that any electronic document submitted through the Web Site shall be considered received only when you receive an e-mail from the OPA confirming receipt of the electronic document.

Modifications

You agree that OPA may, in its sole discretion and without prior notice or liability, at any time either temporarily or permanently discontinue or modify any aspect of the Web Site or Content, including, without limitation: (i) restricting the time the Web Site and/or Content are available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use the Web Site or Content. Be sure to return to this page periodically to review the most current version of these terms; your continued access or use of the Web Site and/or Content signifies your acceptance of the updated or modified terms.

FIT Program Subject to Additional Terms

In addition to these terms you acknowledge that in order to participate in the FIT Program additional agreements, terms and rules apply. You are wholly responsible for obtaining, (whether from the Web Site or otherwise), reviewing and complying with all such additional terms.

Google Maps

The Web Site includes a Google Maps application. By using the Google Maps application you are agreeing to be bound by Google Inc's Terms of Use which can be found at http://www.google.com/accounts/TOS. In addition to map content provided by Google Inc., additional content showing certain transmission lines and connection points is represented on the Google Maps application. Such information is provided by transmitters of electricity in Ontario (collectively "Networks"), including Hydro One Networks Inc., Five Nations Energy Inc., Great Lakes Power Limited and Canadian Niagara Power Inc. for the purposes of your participation in the FIT Program ("Transmission Data"). You hereby agree in favour of OPA and the Networks: (a) to use the Transmission Data viewed and/or screen image printed solely for purposes of participating in the FIT Program and not to disclose the Transmission Data to any person, other than your employees with a need to know for the purposes of participating in the FIT Program, without OPA and the applicable Networks' prior written consent; (b) that the Networks shall retain all right, title and interest in and to the Transmission Data including all intellectual property rights; (c) that neither Networks nor the OPA are making any representations or warranties as to the accuracy or completeness of the Transmission Data or as to availability of any circuit, transmission station, distribution station, switching station or area; (d) that the Networks shall have no liability to you with respect to the Transmission Data, the Purpose or the Program, including without limitation, with respect to or resulting from your use of the Transmission Data, and you hereby release the Networks and their representatives of and from any such liability; (e) that neither OPA nor Networks is making any representation or warranty as to the accessibility or the availability of the Transmission Data or the Google Map and you hereby release the OPA and it suppliers and the Networks and their representatives from and of any liability with respect to same; (f) that you shall assume full responsibility for all conclusions you derive from the Transmission Data and the OPA, the Networks and any of their respective representatives shall not have any liability with respect thereto, (g) that neither your rights to access, view or screen image print the Transmission Data and Google Map nor your use of the Transmission Data and the Google Map shall give, vest or transfer to you any rights to the Transmission Data or to any of the Networks' trade names, trade marks, service marks, logos, domain names, or other distinctive brand features, and (h) that you shall not modify or attempt to modify the Transmission Data or merge all or part of the Transmission Data with any other data or software.

Transmission Availability Table

The Web Site allows you to access information on transmissions systems' ability to accommodate renewable energy projects ("Transmission Availability Information"). The Transmission Availability Information is provided for informational guidance only. You acknowledge that transmission availability is a highly complex and technical calculation and subject to short-term and long-term fluctuations arising from dynamic nature of electricity routing and transmission. In addition to disclaimers elsewhere in these terms, OPA on behalf of itself and on behalf of any contributor to the Transmission Availability Information expressly disclaims any representations, conditions, warranties and liability relating to or arising from the accuracy or inaccuracy of the information contained in the Transmission Availability Information.

Disclaimer

THE WEB SITE AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WHILE OPA ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, OPA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEB SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL OR WHETHER ARISING BY STATUTE, COURSE OF DEALING, CUSTOM OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION: (I) THAT THE CONTENT CONTAINED WILL BE OF MERCHANTABLE QUALITY AND FIT FOR A PARTICULAR PURPOSE, (II) THE WEB SITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE WEB SITE WILL BE AVAILABLE OR OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE OR THE CONTENT (BE THEY HUMAN OR COMPUTER ERRORS) WILL BE CORRECTED, (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED, AND (VI) ANY AND ALL WARRANTIES, OBLIGATIONS, AND CONDITIONS ARISING OTHERWISE. THE USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OPA, ITS SUPPLIERS, THE NETWORKS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST REVENUE, LOST PROFIT, BUSINESS INTERRUPTION, INACCURATE INFORMATION, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEB SITE, THE CONTENT OR THE SERVICES, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF OPA KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree that your use of the Web Site and/or the Content shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against OPA, its Suppliers, the Networks or their officers, directors, employees or agents. You agree, at your own expense, to indemnify, defend and hold OPA, its Suppliers, the Networks and their officers, directors, employees or agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of (i) your breach of these terms; and/or (ii) your use of the Web Site and/or the Content.

Confidentiality

The Content provided in the Web Site is intended for use by and for the benefit of registered account holders only. You will retain in confidence and require your employees, agents and contractors to retain in confidence all information that OPA discloses to you through the Web Site and any information associated with the FIT Program which would reasonably be viewed as confidential in the circumstances of the disclosure ("Confidential Information"). The foregoing obligations will not apply to: (i) information that is or becomes generally publicly available through no fault of you; (ii) information that you obtain from a third party who is under no obligation of confidentiality; or (iii) information that you independently develop. You may disclose Confidential Information if required to be disclosed pursuant to a lawful order of a court or a person having jurisdiction to make such an order, provided that, if permitted by law, you notify OPA and, provide it an opportunity to obtain a protective order regarding confidentiality of the Confidential Information.

Ownership and Licence

You acknowledge that the Web Site and the Content, including any trade-marks, maps, forms, information, software, photos, video, text, graphics or other material available on the Web Site are protected under Canadian and international copyright laws and other intellectual property laws. Except as expressly provided in these terms, any reproduction, retransmission, distribution, republication, modification, adaptation, translation of, creation of derivative works based on, exploitation of, or participation in the transfer or sale of the Web Site and/or the Content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Web Site or the Content is strictly prohibited. Subject to the terms and conditions of these terms, you are granted a limited, non-transferable and non-exclusive license to access, view and use the Web Site and the Content for the Purpose and are granted the right to download, store and print single copies of items comprising the Content for the Purpose, provided that you maintain all copyright and other notices contained in such Content. If you violate any provision of these terms, your permission to use the Web Site and the Content automatically terminates and you must immediately cease use of the Web Site and destroy any copies you have made of any Content.

Site Links

The Web Site may include links to other Internet sites maintained by third parties ("Linked Sites"). OPA provides access to Linked Sites solely as a convenience to you. OPA has no control over Linked Sites and you acknowledge and agree inclusion of Linked Sites does not imply endorsement by OPA of the Linked Sites or any content, advertising, products or other material available from Linked Sites. OPA shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites.

General

These terms shall be construed and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and each party further consents to exclusive jurisdiction of the courts of Ontario.  This Agreement will inure to the benefit of and be binding upon the parties, their successors, administrators, heirs, and permitted assigns.  If any provision of this Agreement is held to be invalid or unenforceable to any extent, then the remainder of this Agreement will have full force and effect.

In the course of administering the FIT Program, the OPA may collect information about identifiable individuals who enter into FIT Supplier contracts.  While name, title and contact information of individuals entering into a business relationship with the OPA do not constitute personal information, certain other information about individuals may be personal information as defined in the Freedom of Information and Protection of Privacy Act (Ontario).  The OPA's Privacy Policy is available at www.powerauthority.on.ca/Page.asp?PageID=325 and its terms are incorporated in these terms.  You acknowledge the notice to you of the collection, use and disclosure of FIT Supplier personal information by OPA and your local hydro distributor and agree that the purposes for such collection, use and disclosure are reasonable. You consent to the collection, use and disclosure of any personal information by OPA in accordance with the terms of the OPA Privacy Policy.