Terms of Use

This website (“Website”) is owned [and operated] by Innocean Worldwide Canada, Inc. (“Innocean”)

Your use of this Website is expressly conditioned on your acceptance of these Terms of Use. Please read the following Terms of Use before using this Website.

By accessing or using this Website, you agree to these Terms of Use. If you do not agree with the contents of these Terms of Use, you must not use this Website.

These Terms of Use shall apply regardless of the means by which this Website was accessed, including but not limited to, through the URL address www.innocean.ca, electronic mail or links from another site.

1. OWNERSHIP

All information, materials, designs and images (“Materials”) contained in this Website are the property of Innocean or its clients and licensors and are protected by copyright, trademark and other intellectual property laws. Materials from this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way except as otherwise permitted in the limited use licence below. Any modification of the Materials or use of the Materials for any purpose other than the limited use licence below is a violation of the copyright, trademark and other intellectual property rights. All copyright, trademark and intellectual properties referred to in this Website are properties of their respective owners.

2. LIMITED USE LICENCE

Subject to these Terms of Use, the Materials in this Website are for your general information and solely for your personal, noncommercial use provided that the Materials are not modified and reference to all copyright, intellectual and proprietary notices contained in such Materials are not deleted.

You may only use this Website for lawful purposes.

You agree not to:

a) place or display any page from this Website in a “frame” within your own site or that of a third party site;

b) create and/or maintain any link of this Website to another site;

c) create and/or maintain any link from another site to any page of this Website without Innocean’s prior written consent;

d) modify the Materials;

e) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);

f) attempt to decompile or reverse engineer any software contained in this Website;

g) remove any copyright or other proprietary notations from the Materials; and

h) transfer the Materials to another person or site.

Innocean reserves the right in its sole discretion to edit or delete any comment, email displayed, uploaded to, or otherwise sent to the Website.

3. LINKS TO OTHER SITES

This Website may contain links to sites operated by parties other than Innocean. Such links are provided for your convenience only and you access them at your own risk. Innocean does not control such sites and is not responsible for their contents. The inclusion of any link does not mean endorsement by Innocean of the sites.

4. INDEMNITY

You agree to indemnify and hold harmless Innocean, its officers, directors, shareholders, employees, agents, licensors, clients, successors and assigns (“Innocean Party”) from any and all liability and damages, losses, damages, claims, suits and expenses, including reasonable legal fees and expenses, of whatsoever kind and nature imposed on, incurred by, or asserted against Innocean Party in connection with any claim or demand arising out of, related to, or connected with your access or use of this Website or your violation of the Terms of Use or your violation of any third party rights. Innocean Party reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Innocean’s defence of such claim.

5. DISCLAIMER

THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. INNOCEAN ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN OR RELIANCE UPON THE MATERIALS CONTAINED IN THIS WEBSITE. INNOCEAN DOES NOT WARRANT THAT THIS WEBSITE OR ITS MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT INNOCEAN’S WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INNOCEAN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE MATERIALS THAT YOU READ IN THIS WEBSITE IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES.

6. LIMITATION OF LIABILITY

BY ACCESSING THIS WEBSITE, YOU ASSUME RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS THEREOF. IN NO EVENT SHALL INNOCEAN OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, CLIENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, OR INTERRUPTION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE UPON THIS WEBSITE, OR ITS MATERIALS EVEN IF INNOCEAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, INNOCEAN’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON ACCESS TO THIS WEBSITE OR ITS MATERIALS IN ANY MANNER SHALL BE LIMITED TO ($10.00) CANADIAN DOLLAR.

SOME JURISDICTION DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTION, THE SAID EXCLUSIONS TO LIABILITY ARE LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.

7. PRIVACY POLICY

Innocean is committed to respecting your personal data and we have developed a Privacy Policy to address this. By accessing or using this website, you agree to be bound by the terms of Innocean’s Privacy Policy.

8. CONSENT

Innocean reserves the right, at its sole discretion, to change the terms and conditions herein at any time. By continuing to access and/or use this website, you are agreeing to be bound by the then current version of these Terms of Use. Please check the Terms of Use page periodically for changes.

9. TERMINATION

Innocean reserves the right to cancel or terminate your ability to use its Website or the Materials thereof at anytime without notice to you.

Notwithstanding termination of these Terms of Use by either party for any reason, Sections 1, 4, 5, 6, 9 and 10 survive.

10. GENERAL

These Terms of Use, together with the Privacy Policy, is the entire agreement between you and Innocean with respect to the Website. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the remaining provisions shall remain in full force and effect. The headings herein are for convenience only and shall not affect the construction or interpretation of these Terms of Use. The failure of Innocean to assert upon or enforce strict performance of any provisions of these Terms of Use will not be construed as a waiver of any such provision or right. These terms and conditions shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without reference to the conflicts of laws principles. In the event of any claim or dispute arising hereunder, you agree to submit to the exclusive jurisdiction and venue of the courts of the Province of Ontario.

11. EFFECTIVITY

The terms are effective on Sept 11, 2013.