This document explains how you may access, browse and use Innovana Solutions Inc.’s (“Innovana”) website (the “Website”). You should review these terms and conditions (the “Website Terms”) before using the Website. By accessing, using or browsing this Website, or otherwise indicating your consent, you agree to be bound by these Website Terms. If you do not agree with or accept any of these terms, you should cease using the Website immediately. If you have any questions about this website, please contact info@innovana.com.
Updates
Innovana may update or change these Website Terms from time to time. Innovana will post updated terms on the Website. By continuing to access or use the Website, you agree to be bound by the revised Website Terms. If you do not agree to the revised WebsiteTerms, please stop using the Website.
Age Restrictions
This Website is intended for and directed to individuals over the age of 18 years. If you are not 18 years of age or older, please do not use the Website without the permission and supervision of your parent or legal guardian. If you are a parent or legal guardian and have authorized a minor to use the Website, you agree that you are responsible for the online conduct of the minor, and for the consequences of any misuse of the Website by the minor.
Your Use of the Website and Account Set-Up
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user’s internet connection are aware of these Website Terms and Conditions and comply with them. Certain areas and functionality of the Website requires user registration (the “Innovana Portal”). It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. Innovana grants you a limited, personal, non-exclusive, non-transferable license to use the Innovana Portal for Client’s own internal use and not for resale or further distribution. Your right to use the Website Portal is limited by all terms and conditions set forth in these Website Terms.
Your provision of registration information and any submissions you make to the Website through any functionality such as [applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and (collectively, “Interactive Functions“) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Website Terms.
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mail-bombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.
You are liable for any and all use of the Innovana Portal through your account, and you remain solely responsible for all use of service utilized through your account, for determining who is authorized to use your account, and for promptly notifying Innovana of any unauthorized use. You agree to indemnify and hold harmless Innovana against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such use.
Intellectual Property Rights and Ownership
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Innovana, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Innovana’s name, the company and all related names, logos, product and service names, designs, images, and slogans are trademarks of Innovana or its affiliates or licensors. You must not use such marks without the prior written permission of Innovana. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your internal use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:
Users are not permitted to modify copies of any materials from this Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print off, copy, or download any part of our Website in breach of these Website Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Website Terms is a breach of these Website Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
Restrictions on Use
This Website is for your personal and internal use only. As a condition to using the Website, you promise not to use the Website for any purpose that is unlawful or prohibited by these Website Terms, or any other purpose not reasonably foreseen to have been intended by Innovana. As a condition of your use of the Website, you agree not to us the Website:
For the purposes of these Website Terms, “Content” means any text, images, video, audio or other multimedia content, software or other information or material.
Accuracy of Information and Availability of the Website
While Innovana uses reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Website is at your own risk and we may suspend or terminate operation of the Website at any time at our sole discretion. Nothing in these terms and conditions will operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Website is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purpose.
While we make commercially reasonable efforts to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website.
Under no circumstances will Innovana be liable for any loss or damage of any kind caused by reliance on information obtained through the Website. Innovana is not responsible for any offensive, defamatory, obscene or other posting made through the Website. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Innovana’s sole discretion is inappropriate, objectionable or in violation of these Website Terms.
Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email to Innovana. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.
Neither Innovana nor any third party content provider shall assume or have any liability for any action or inaction by Innovana or any third party content provider with respect to any conduct, communication or posting on the Website
Links
The Website may provide, or third parties may provide, links to other World Wide Websites or resources. Because Innovana has no control over such sites and resources, you acknowledge and agree that Innovana is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Innovana shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Privacy Policy
Innovana’s Privacy Policy, is incorporated herein by reference and forms an integral part of these Website Terms. Any personal information you submit to Innovana will be subject to our Privacy Policy.
Copyright Complaints
Innovana will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Website.
Please note that you may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.
Email: info@innovana.com
Indemnity and Limitation of Liability
You hereby expressly and irrevocably release and forever discharge Innovana, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Website.
To the maximum extent permitted by applicable law, Innovana excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Website for any reason, and any representation or statement made on the Website.
Innovana will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Website, for example if you lose revenue, salary, profits or reputation as a result of your use of the Website and/or the acts or omissions of any third party such as other users of the Website or any other indirect or consequential loss or damage you may incur in relation to the Website and its Content.
Under no circumstances will our aggregate liability to you for any and all claims arising from your use of the Website (including the downloading or use of any Content) exceed one hundred Canadian dollars (CDN$100).
Notwithstanding any other provision of these Website Terms, Innovana does not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Website or for any other statutory rights which are not capable of being excluded.
Disclaimer of Warranties
THIS WEBSITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY INNOVANA ON AN “AS IS” AND “AS AVAILABLE” BASIS. INNOVANA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INNOVANA DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, INNOVANA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. INNOVANA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
BY USING WEBSITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. INNOVANA DOES NOT WARRANT OR GUARANTEE THAT ITS SITE OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF INNOVANA ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, INNOVANA DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND INNOVANA, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
The Security of the Website
Innovana maintains reasonable safeguards and personnel policies that are designed to guard the Website, our systems and our sellers’, customers’, business partners’ and others’ information. For example, for the security of your online visit to the Website, Innovana may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Innovana strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Innovana will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Website.
Electronic Communications
When you visit the Website or send emails to Innovana, you are communicating with us electronically. You consent to receive communications from Innovana electronically. Innovana may communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that Innovana provides to you electronically satisfy any legal requirement that such communications be in writing.
Website is for Use in Canada
The Website is hosted in Canada. If you are a non-Canadian user of Website, by visiting the Website, and/or providing Innovana with any User Generated Content specifically or Content generally, you agree to comply with all federal and provincial Canadian laws governing the Website, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from Canada or the country in which you reside.
General
Unless otherwise expressly stated in these terms and conditions, all notices from you to Innovana must be in writing and sent to our contact address at info@innovana.com and all notices from Innovana to you will be displayed on our website from to time.
Innovana will have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these Website Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Website Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
These Website Terms (together with our Privacy Policy) contains the entire understanding and agreement between Innovana and you in relation to your use of the Website and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, Innovana will have no liability for any such representation being untrue or misleading.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Website Terms to any other person.
These Website Terms are made under and governed by and are to be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario
The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigè que la prèsente convention et tous les documents connexes soient rèdigès en anglais.
