Disclaimer

IMPORTANT INFORMATION ON TERMS AND CONDITIONS AND LEGAL RESTRICTIONS IMPORTANT: PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU EXPRESSLY ACCEPT THESE TERMS AND CONDITIONS ("TERMS").

Use of Site. Ontario Council for Technology Education (hereafter "OCTE") authorizes you to view and download the materials at this OCTE website ("Site") only for your personal and classroom use in a non-commercial manner in accordance with the Terms set forth herein, including without limitation the following restrictions:

(a) you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials;

(b) with the exception of curriculum portals and other teacher resource-related websites, you may not use any of these materials on any other website or networked computer environment without the express written consent of OCTE.

(c) you acknowledge that the unauthorized use of any materials at this Site may violate copyright, trademark, and other laws and that you are not knowingly engaging in any such activity; and

(d) you hereby confirm that you are a qualified teacher in the province of Ontario or alternatively you hold credentials or believe that you have technological skills and experience to provide meaningful and reliable contributions. If you breach any of these Terms, your authorization to use this Site automatically terminates.

In such instance, upon OCTE’s direction, you must immediately destroy any downloaded or printed materials. User Contributions. “Communications” means, individually and collectively, data, software, code, photographs, images, video, sound, text and other materials and content, and information contained therein. The term “Communications” includes, without limitation, lesson plans and related materials, and any and all school and institution names, trade names, trademarks, service marks, logos, and other commercial symbols identifying or referring to you, your school or others or any of their respective goods and services, and the names, likenesses, photographs and screenshots (and modifications and alterations thereof), depictions, and affiliations of their respective employees, personnel and others identified or depicted, which appear in the lesson plans and/or related materials. OCTE has no obligations with respect to the Communications transmitted or provided to this Site or the OCTElab team by you or others. You irrevocably authorize and permit OCTE (including each of OCTE’s affiliates), and OCTE’s assigns, successors, licensees, agents and contractors, to use, copy, display, reproduce, publicly disclose, publish, modify, translate, create derivative works of, and distribute, worldwide and perpetually, either separately or as part of a collective work, for any purposes, in any and all media, now known or hereafter developed, and to grant permissions, authorizations and licenses to others to do so, all without obligation to pay royalties or other amounts for any reason to you or others, Communications transmitted or provided by you to this Site or the OCTElab team. This permission and authorization includes, without limitation, permission and authorization for OCTE to make your submitted lesson plans and related materials available to teachers and others for teaching, classroom and related uses and copying. OCTE reserves the right, in its sole discretion on a case by case basis, to remove, reject, or otherwise modify any Communications or any portion(s) thereof. OCTE may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications and the content of any such Communications. OCTE shall be under no obligation to provide any explanation or rationale for exercising such discretion. Your Conduct. You acknowledge and agree that in the areas on the Site where users transmit or post Communications, you are prohibited from:

i) Uploading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

ii) Knowingly uploading files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertising or offering to sell or buy, barter or exchange any goods or services.

iii) Falsifying or deleting any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. iv) Restricting or inhibiting any other user from transmitting or posting Communications.

v) Harvesting or otherwise collecting information about others, including e-mail addresses.

By transmitting, submitting or providing Communications, whether directly or indirectly, you warrant that:

(i) you have full authority to transmit such Communications;

(ii) you are the sole owner of the Communications and/or such Communications constitute material in the public domain; and

(iii) neither your transmitting, submitting and providing of the Communications, nor OCTE’s exercise of the permissions and authorizations in these Terms with respect to the Communications, violates any applicable law, rule or regulation; or any agreement, obligation or policy to or by which you are bound (including without limitation any policy of any school or other academic institution with which you are employed or otherwise associated).

With respect to such Communications, you additionally warrant that neither the Communications nor any part(s) of the Communications will:

(i) infringe any copyright or other intellectual property rights or violate any proprietary rights or rights of publicity or privacy;

(ii) contain any scandalous, libelous, or unlawful matter;

(iii) contain any formula, process, instruction, or other material that is injurious to a person or property; or

(iv) depict any person under the age of 18 years without prior express written consent from such person’s parent or legal guardian. OCTE reserves the right to audit the existence of such consent forms at any time without prior notice to you.

In the event that a consent form is not on file for any such person under the age of 18 years, your authorization to use this Site automatically terminates and OCTE will require that all content depicting the individual in question be immediately removed from the Site. Use Limitation. Except as expressly provided below with respect to lesson plan materials, you agree not to use or copy any of the copyrightable materials appearing on the Site without OCTE's prior written consent. You may use lesson plan materials made available by OCTE at the Site for only the following purpose: your teaching of classes in any of grades K-12 at the school at which you are a teacher. In no event may you use any such lesson plan materials in any manner that in OCTE's opinion defames, tarnishes, or otherwise injures the reputation of OCTE or others. OCTE reserves the right to impose further necessary limitations or restrictions in its sole discretion on a case by case basis and you hereby agree to abide by such limitations and restrictions before using such lesson plan materials. Software Downloads. In the event you download trial versions of “Software" through links, specifically described as “demo links” available on the OCTE.com Site. you shall be deemed to have express consented to OCTE passing business leads to Third Party Providers, as defined in these "Terms & Conditions," including, but not limited to OCTElab partners. The Disclaimer, Limitation of Liability, and all other provisions defined and described in these "Terms & Conditions" apply to the Software that you may download. If you do not wish OCTE to make the lead distributions described in this paragraph, do not download the Software. Links To Other Websites. Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. OCTE does not control and is not responsible for any of these sites or their content. Thus, OCTE does not endorse nor make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using same. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. GENERAL Disclaimer.

THE CONTENTS OF THIS SITE ARE PROVIDED "AS IS." OCTE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

You acknowledge that any or all Communication are intended as guidelines and or materials intended to assist only and are not held out as authoritative or determinative of the subject matter. The contents of this Site could contain technical inaccuracies, typographical errors or out-of-date information. Information may be updated or changed at any time, without notice. Use of such information is therefore at your own risk. Warranties for products purchased from suppliers referenced are provided in separate documents. Mention of non-OCTE products or services is for informational purposes only and constitutes neither an endorsement nor a recommendation by OCTE. Third-Party Providers. Certain portions of the Site may feature information regarding the products or services of third party providers. Third party providers may include, without limitation, OCTElab partners. Information about such products and services is provided by the respective third party providers, who are solely responsible for such information and content, as well as for their respective products and services. OCTE believes that the respective third party providers offer the types of products described and the support services indicated, but OCTE is not responsible for any errors or omissions in the descriptions. OCTElab partners and third party providers are business entities independent from OCTE and have no agency, partnership, or joint-venture relationship with OCTE. Neither the OCTElab partners nor any other third-party providers themselves, nor any of the software programs, documentation, materials, goods or services posted, provided or offered by any of them, are affiliated with, or endorsed, sponsored or approved by OCTE. OCTE has not fully tested or evaluated third party provider products, and OCTE does not warrant or assume any responsibility for, and shall have no responsibility or liability associated with, the testing, sale, purchase, use, or support of third party provider products or services or any other materials associated therewith. Any concerns, support requests, or questions you have regarding the products or services of third party providers or related content should be addressed directly with the applicable third party provider.

OCTE DISCLAIMS ANY AND ALL LIABILITIES FOR AND MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIRD-PARTY PRODUCTS OR SERVICES PROVIDED BY THIRD-PARTY PROVIDERS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Some provinces do not allow limitations on implied warranties, so these limitations may not apply to you. You may have other rights that vary from province to province. Limitation of Liability.

OCTE WILL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE CONTENTS OF THIS SITE EVEN IF OCTE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable Laws. OCTE administers this Site from its volunteer office in Merlin, Ontario, Canada. OCTE makes no representation that materials at this Site are appropriate or available for use outside Ontario, and access to them from jurisdictions where their contents are unlawful is prohibited. You may not use, export or re-export the materials at this Site or any copy or adaptation of such materials in violation of any applicable laws or regulations, including, without limitation, Canadian or U.S. export laws and regulations. If you choose to access this Site from outside Ontario, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to any principles of conflicts of laws. Revision of Terms. OCTE may revise these Terms at any time by updating this posting without notice. You should visit this page from time to time to review the current Terms because they are binding on you regardless of whether you have reviewed any modifications to these Terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Linking. OCTE gives you nonexclusive, non-transferable permission, revocable by OCTE in its sole discretion at any time, to display the word mark "OCTElab," in font and colour that is non-distinctive from the font and colour used to represent other html links to third party websites on your website, only to represent an html link to the OCTElab website home page (www.OCTElab.com), subject to the following terms and conditions, each of which you agree to comply with:

i) no linking from any websites or pages that are or may reasonably be viewed as obscene, pornographic or illegal, is permitted.

ii) no linking from any websites that disparage OCTE or any of its products or services is permitted.

INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS OCTE AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES), EVEN IF CAUSED OR CONTRIBUTED TO BY ANY NEGLIGENCE ON THE PART OF OCTE, ANY OF ITS AFFILIATES, OR OTHERS, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: ANY FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS; YOUR WEBSITE OR WEB PAGE ON WHICH A LINK TO THE SITE APPEARS OR WITH WHICH THE LINK IS ASSOCIATED, INCLUDING WITHOUT LIMITATION CLAIMS MADE ON SUCH WEBSITE OR WEB PAGE; ANY PRODUCTS OR SERVICES SOLD OR MARKETED ON SUCH WEBSITE OR WEB PAGE; OR THE VIOLATION OR FALSITY OF ANY WARRANTY WITH RESPECT TO ANY COMMUNICATIONS TRANSMITTED, SUBMITTED OR PROVIDED DIRECTLY OR INDIRECTLY BY YOU.

Notice of Copyright Infringement Claims. Ontario Council for Technology Education ("OCTE") is concerned about protecting the copyright and other intellectual property rights of others. We urge you to adhere to all applicable copyright laws. In the event that OCTE believes you have violated any applicable copyright laws, we may disable or terminate any user account and remove or modify any content on our website in our discretion. You may notify OCTE in writing by providing the following information to our designated agent, as required by law, if you believe you have a copyright infringement claim resulting from material posted on this site:

i) A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;

ii) Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;

iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);

iv) Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;

v) A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and

vi) Please provide your written notification via email to octeofficeadmin@octe.ca. Questions regarding the OCTE Copyright Infringement Policy may be directed octeofficeadmin@octe.ca. Revised September 20, 2017.

Using this site and its materials confirms you agree with the above Terms and Conditions.