Terms and Conditions of Use
IMPORTANT! YOUR ACCESS TO THIS WEBSITE AND YOUR USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR USE OF THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE AND DO NOT SUBMIT ANY INFORMATION TO THIS WEBSITE.
“You” shall be deemed to include any Person who has completed the necessary steps to sign up, and has been granted access to the Website’s database of Subscriber’s. “Person” includes individuals, corporations, limited partnerships, general partnerships, joint stock companies, joint ventures, associated companies, trusts, or other organizations, whether or not legal entities. “Subscriber” shall mean anyone who has posted any content on the Website capable of being viewed by you or any other Subscriber and shall include you if you have posted Content on the Website.
You consent to the exchange of information and documents between us electronically over the Internet or by e-mail. If you have an on-line profile with COMPANY, COMPANY and/or CIC will send you information and documents to the e-mail address in your profile on the Website. It is your obligation to keep the Company informed of any changes in your profile and/or email address. The Company reserves the right to delete your content and subscriber information if it is discovered that your email address is not valid or otherwise cannot receive email correspondence.
OWNERSHIP AND COPYRIGHT
You acknowledge that any and all information and content, including, without limitation, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, logos, trade-marks and/or trade-names contained on this Website and all intellectual property rights related thereto, including, without limitation, registered and unregistered trade-marks, patent rights and/or copyright (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, is the sole and exclusive property of the Person posting same. The Website is for the sole purpose of facilitating contact between you and other Subscribers through the COMPANY and CIC as liaison organizations.
COMPANY is the sole and exclusive copyright owner of the Website and the trade-marks “InnovationHouse” and “GreenCentre Canada”. Nothing herein is to be interpreted as a license for you to use those trade-names and/or trade-marks in your own promotion and advertising unless with the express written consent of COMPANY. For clarity, by granting you a license to access the Website, COMPANY or CIC is not endorsing you, your project, product or service and you may not suggest or imply any such endorsement or use the aforesaid trade-marks in relation to you, your project, product or service unless expressly authorized in writing by COMPANY or CIC. COMPANY owns the copyright in the database and compilation of the Content thereon (i.e. not Subscriber Content but the compiled database of all Subscriber Content) as it may be amended from time to time.
COMPANY grants you a personal, non-transferable and non-exclusive license to access and read the Content. In this respect, you shall remain solely liable for any Person accessing the Website through your log in account, whether you have expressly granted that Person permission to log in to your account or otherwise. It is your responsibility to secure your password information and to protect other Persons from accessing the site through your log in account and without your knowledge or permission. COMPANY and/or CIC shall not be liable for any damages resulting from any unauthorized or unpermitted access to the Website database using your log in information.
You agree that you will not:
(a) distribute the Content for any purpose including, without limitation by compiling an internal database, or by redistributing or reproducing the Content by the press or media or through any commercial network, cable or satellite system; or
(b) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise.
(c) contact any Subscriber directly. For clarity, if You wish to communicate with any Subscriber you shall contact the COMPANY for an introduction.
You represent and warrant that you have the sole right to post the Content on the Website and that the consent of no other Person is required in this regard.
You give COMPANY a non-exclusive, worldwide license to i) post your Content solely on the Website; ii) reproduce your Content solely on the Website; iii) modify, crop or adjust the form of presentation of your Content only and for the purpose of enabling the posting of the Content on the Website; and, iv) to give other users or Subscribers your contact information if the COMPANY, at its sole discretion, deems it expedient to do so; and, v) to contact you as and when the Company deems it necessary. You further give the COMPANY the right to share any other information or Content not posted by you on the Website and which is not governed by a confidentiality agreement between you and COMPANY, with other Subscribers if the COMPANY deems it expedient to do so. For clarity, nothing herein shall be deemed to avoid or otherwise nullify any terms of any confidentiality or non-disclosure agreement between you and COMPANY. The license granted herein is revocable by you on written notice to the Company. Until such time as written notice is received, the license granted herein shall continue in full force. Company shall not be liable for any inadvertent or accidental oversight in removing your Content after notice is received and your sole right shall be to remind Company to remove same in accordance with these Terms and Conditions.
You agree not post any Content that infringes any intellectual property rights, including patent, copyright or trade-mark, contains any defamatory, libelous, obscene, abusive, false or misleading statements, or depicts people without their permission and shall fully indemnify COMPANY for any loss, including reasonable attorney’s fees, liability or damage it suffers or is likely to suffer as a result of any actions, claims, demands, fines and/or penalties for your breach of the covenants contained in this paragraph.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
This Website and its Content are not to be construed as a form of promotion or an offer to sell any product or service.
This Website may contain links to other sites. By linking you to other sites, COMPANY or CIC does not implicitly or expressly condone or approve any content or information on any such sites and, accordingly, does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, COMPANY or CIC is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that COMPANY or CIC is affiliated or associated with same. COMPANY or CIC does not recommend or endorse any content, including without limitation any hyper-links to or content found, on other websites. The mention of another party or its product or service on this Website should not be construed as an endorsement of that party or its product or service.
You are solely responsible for the retrieval and use of the Content. You should apply your own judgment in making any use of any Content, including, without limitation, the use of the Content as the basis for any conclusions.
The Content is provided for informational purposes only and should not be interpreted as a recommendation for any specific product or service, use or course of action.
IN NO EVENT WILL COMPANY OR CIC, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, VOLUNTEERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR INTELLECTUAL PROPERTY INFRINGEMENT, LOSS OF USE, LOST PROFITS OR LOST SAVINGS, BREACH OF CONFIDENCE, BREACH OF TRUST OR NEGLIGENCE, RESULTING FROM YOUR USE OF THE WEBSITE WHETHER AS A CONTENT PROVIDER OR OTHERWISE, AND NOTWITHSTANDING THAT COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
COMPANY or CIC assumes no obligation to update the Content on this site. The Content on this site may be changed without notice to you. COMPANY or CIC is not responsible for any Content that you may find undesirable or objectionable. COMPANY and/or disclaims any liability for unauthorized use or reproduction of any portion of the Website or Content.
Accessing the Content from territories where it may be illegal is prohibited.
You shall be solely responsible for maintaining and keeping current any Content you post. The Company shall, on written notice from You, delete some or all of your posted Content at anytime. You may not delete Your Content without the Company’s assistance.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY AND SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER, SYSTEMS OR NETWORK THAT MAKE IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY DOES NOT REPRESENT OR WARRANT THE SUITABILITY OF THE CONTENT FOR ANY PURPOSE OR THAT THE CONTENT IS CORRECT, ACCURATE, OR RELIABLE.
You agree at all times to indemnify, defend and hold harmless COMPANY and CIC, its agents, suppliers, affiliates, service providers and its or their respective directors, officers, members, volunteers and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by COMPANY directly or indirectly, that result directly or indirectly from:
1. any Content you provide on or through this Website or which is sent to COMPANY or CIC electronically;
2. your use, misuse, reliance on or inability to access the Content or this Website; or
GOVERNING LAW AND ATTORNMENT
Type of Proceeding
The parties acknowledge that they require that this Agreement be drawn up in the English language only. Les parties reconnaissent qu’elles ont exigé que la présente convention soit rédigée en langue anglaise seulement.
Last modified: September 29, 2017