Terms of Use and Copyright Policy

OCP Communications Inc. doing business as Dependable HomeTech (“DHT” or “we” or “our” or “us”) maintains the Content found and published at https://dhtpro.ca and such other locations on the internet as made available from time to time by us (the “Website”) as a service to you. . In this Terms of Use and Copyright Policy, “you” or “your” means an individual who is using the Website. The Website provides information related to DHT’s services (the “Services”).    

PLEASE READ THIS TERMS OF USE AND COPYRIGHT POLICY (THE “AGREEMENT”) CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. By visiting or browsing the Website, reviewing information or obtaining any media or document, directly or indirectly, from the Website, you agree to comply with and be bound by this Agreement. If you are not willing to be bound by each and every term or condition of this Agreement, you should stop accessing or using the Website. Access to the Website may be revoked in DHT’s sole discretion should you violate this Agreement. DHT will not be liable to you or any third-party for any such revocation.

Definitions

“Content” means the text, software, scripts, data feeds, videos, audio, music media players, ad scripts, graphics, photos, advertisements, interactive features and other materials that you may view on, access through, or contribute to the Website including but not limited to links to third party websites.   

  1. Acceptance of Agreement

As a condition for use of the Website, you represent and warrant that:

  • you have reached the age of eighteen (18) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement or if you have not reached the age of eighteen (18), you are using the Website only in the presence of your parent or legal guardian; and
  • all information you contribute to the Website is true, accurate and complete and not in violation of any third-party rights or applicable laws.
  1. Changes to Agreement

This Agreement may be amended by us from time to time without specific advance notice to you. The latest Agreement will be posted on the Website and you should visit this page periodically for changes. You are responsible for reviewing such amendments. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. DHT reserves the right in its sole discretion to a) discontinue any aspect of the Website at any time; and b) edit or remove any information on the Website at any time.  

  1. User’s rights

DHT hereby grants you permission to access and use the Website as set forth in this Agreement, provided that:

  1. You agree not to transmit any bug or viruses or other contaminants or unduly interfere with the operation or functionality of the Website;
  2. You agree not to alter or modify any part of the Website;
  3. You agree not to distribute in any medium, any part of the Website or Content without DHT’s prior written authorization;
  4. You agree to comply with all applicable laws related to using the Website;
  5. You agree not to use the Website for any purpose other than for the purpose of obtaining information about the Services and DHT’s business (the “Purpose”); and
  6. You agree not to use the Website for any illegitimate or illegal purpose.
  7. Copyright and Trademarks

The Website, all Content and rights therein are our property and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You do not acquire ownership rights to the Website or any Content.

Subject to this Agreement, you are hereby granted a limited, non-transferable, non-exclusive license to access, view and use the Website strictly for the Purpose. Other than for the Purpose, the reproduction in any form, the incorporation into any information retrieval system (whether electronic or mechanical), reverse-engineering, duplication, recording (whether visual or audio), streaming, redistribution, preparation of derivative works, licensing, exploitation, sale, assignment, use, modification or publication or any other use by you of any part of the Content in any manner whatsoever except with our written consent, is strictly prohibited. If you have any questions about such license, address your inquiry to info@dhtpro.ca. 

Any infringement of DHT’s rights as set out herein or a breach of this Agreement may result in legal action. DHT disclaims any and all liability for any consequences which may result from the unauthorized reproduction or use of the Website whatsoever.

The symbols ® and ™ are used to signify Canadian registered trademarks and applied for but unregistered trademarks respectively. The following are registered trademarks of DHT which may also be used under license by its subsidiaries and affiliates: Dependable HomeTech®, DHT™ and the DHT’s logo.

The copyright in the Website, and in the underlying source HTML files which implement the hypertext features of the Website (the “Document Set”) is owned by DHT. Any person is authorized to view, reproduce, print and distribute the Document Set and/or any portion thereof, pursuant to the following conditions:

  1. the Document Set may only be used for the purposes set out herein; and
  2. any copy of the Document Set or portion thereof must include the following copyright notice:

©2016 DHT All rights reserved.

  1. Indemnification

You understand that when using the Website, you will be exposed to Content from a variety of sources, and that DHT is not responsible for the accuracy, usefulness, safety, security, or efficacy of or relating to such content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, inappropriate, misleading, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies that you have or may have against DHT or the Website. You are responsible for confirming the terms and conditions, information provided and/or obtained from/through the Website.

You agree to indemnify, defend and hold DHT and our respective directors, officers, shareholders, partners, professional representatives, independent contractors, agents, principals, personnel, affiliates, business associates, lawyers, staff and affiliates (collectively, the “Affiliated Parties”) harmless from and against all claims of any kind which third parties ever had, now have, or may in the future have against you or the Affiliated Parties reason of any cause, whether known or unknown, arising from, connected with or in any way related to without limitation (i) any violation of this Agreement or our Privacy Policy; (ii) your use of the Website; or (iii) your violation of any third party rights or applicable laws. 

  1. Disclaimers
  2. We reserve the right to modify, suspend or discontinue any aspect of the Website or edit or remove information on/from the Website at any time without notice. We are not liable to you for such changes. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.
  3. Your use of, and inability to use the Website is at your own risk.
  4. We reserve the discretion to limit our Services to any person, geographic region or jurisdiction.
  5. The Content is for informational purposes only. You are responsible for your use and/or misuse of the Website. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.
  6. Communications Disclaimer: Due to the insecure nature of communication online, we do not guarantee the confidentiality of any communications taking place through the

THE CONTENT AND SERVICES FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).

TO THE EXTENT PERMITTED BY APPLICABLE LAW, DHT AND ITS AFFILIATED PARTIES ASSUME NO LIABILITIY OR RESPONSIBILITY FOR ANY LIABILITY OF ANY KIND ARISING OUT OF OR INCURRED IN CONNECTION WITH THE FOLLOWING: (I) ERRORS, OMISSIONS, TIMELINESS OR INACCURACIES OF CONTENT  (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE, OR INABILITY TO USE THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL OF YOUR INFORMATION STORED IN OUR SERVERS  (IV) ANY DELAY, INTERRUPTION OR CESSATION OF TRANSMISSION OF THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER CONTAMINANTS WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) USE, VIEWING, INABILITY TO USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE (VII) ANY CAUSES BEYOND OUR CONTROL (VIII) ANY INFORMATION STORED BY ANY COMPUTER, MOBILE DEVICE OR NETWORK YOU USE TO ACCESS THE WEBSITE, WHETHER PUBLIC OR PRIVATE (IX) YOUR TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO DHT OR IF DHT COMMUNICATES SUCH INFORMATION TO YOU AT YOUR REQUEST (X) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE; IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, DHT IS NOT LIABLE FOR ANY LOSS OF DATA, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR (XI) ANY INJURY OR DAMAGE NOT DIRECTLY DUE TO DHT’S NEGLIGENCE OR WILFUL MISCONDUCT.

 THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DHT AND YOU. THE WEBSITE, AND THE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.   

UNDER NO CIRCUMSTANCES SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT EXCEED, TO THE EXTENT PERMITTED BY LAW THE AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS LEADING UP TO THE EVENT THAT GAVE RISE TO THE CLAIM.

  1. Third Party Services

The Website contain links to other websites (collectively, the “Third Parties”) We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.  

Unless otherwise explicitly stated herein, you agree that use of Third Party services is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY DHT, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS DHT LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY WEBSITES. DHT WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE THIRD PARTY SERVICES.

  1. Third Party Policies

 All rules, policies (including privacy policies) and operating procedures of Third Parties will apply to you while on their websites. DHT is not responsible for information provided by you to Third Parties. Third Parties and DHT are completely independent entities and neither party has authority to make any representations or commitments on behalf of the other.

  1. Privacy Policy

You acknowledge that you have read our privacy policy located on the Website at  https://www.dependablehometech.com/privacy-policy/, as it may be updated from time to time (the “Privacy Policy”), and hereby consent to the collection, use, disclosure and retention by us of your information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such information in accordance with applicable terms and conditions contained in the Privacy Policy, which is incorporated herein by reference and forms an integral part of this Agreement.

  1. Miscellaneous

This Agreement, the Privacy Policy and any agreements between DHT and you constitute the entire agreement with respect to the use of the Website and supersedes any other agreements or discussions, oral or written. This Agreement shall be treated as though it were executed and performed in Ontario, Canada, and shall be governed by and construed in accordance with the laws of Ontario, Canada (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Toronto, Ontario, Canada. You expressly submit to the exclusive jurisdiction of the courts of Ontario and Canada and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and if not possible, severed from this Agreement and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Failure of DHT to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement. This Agreement is not assignable by you without our prior consent. We may assign this Agreement in our sole and absolute discretion.

LAST UPDATED: May 12, 2022