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Terms and Conditions

Welcome to the AccelerateIP (“AIP”, “we”, “us” or “our”) website, located at www.accelerateip.ca (the “Website”). Please read all of the terms, conditions, and notices hereunder (the “Terms”) carefully before using the Website.

The Website is offered to you by AIP on the condition that you accept the Terms without modification.  Your use of the Website constitutes your agreement to all the Terms.

Except to the extent otherwise set forth herein, the Terms do not provide you with a license to or any other rights to any products or services of AIP.

AIP reserves the right to change the Terms under which the Website is offered. You are responsible for regularly reviewing the Terms to ensure your continuing compliance with the Terms.  Your use of the Website after such changes have been posted will constitute your agreement to the modified Terms.

Ability to Enter into the Terms

In order to enter into the Terms, you must have reached the legal age of majority in your jurisdiction of residence or possess legal parental or guardian consent and must be fully able and competent to enter into, abide by and comply with the terms and conditions set forth herein.  If you accept the Terms, you represent that you have the capacity to be bound by them.

Permitted Use

AIP grants you a limited, revocable and non-exclusive license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AIP. This license does not include any resale or commercial use of the Website or its contents.

The following activities are also specifically prohibited:

  • any collection and use of any materials made available on the Website;
  • any derivative use of the Website or its contents; and
  • any use of data mining, robots, or similar data gathering and extraction tools.

No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

 

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the main page of the Website as long as the link does not portray AIP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any AIP logo or other proprietary graphic or trademark as part of the link without our express written consent.

User Conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.  Certain features of the Website may allow you to forward material via email or social media to addressees and/or social media accounts specified by you. By using such features, you represent, warrant and confirm to AIP that you have the consent of all recipients to send such communications.

If you submit, post or upload content through the Website, you will ensure the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. Harassment in any manner or form on the Website, including via e-mail, chat or social media or by obscene or abusive language is strictly forbidden. Impersonation of others, including an AIP employee, host, or representative, or other members or visitors on the Website is prohibited.

You must not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

Intellectual Property

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, photographs, video and audio, and other content, and the design, selection and arrangement thereof), are owned by AIP, its licensors or other providers of such material and are protected by Canadian, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  AIP’s name, the terms “AIP” and “AccelerateIP”, the AIP logo and all related names, logos, product and service names, designs and slogans are trademarks of AIP or its affiliates or licensors. You must not use such marks without the prior written permission of AIP. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.  All of the aforesaid rights are retained by AIP and its affiliates or licensors.

User Submissions

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not AIP, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by AIP, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of AIP. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.

Consequences of Breach:  Termination, Withdrawal or Suspension of Use of Website

AIP is dedicated to maintaining the integrity and security of the Website for all its users. Any violation of our permitted use guidelines, user content provisions, or the infringement of intellectual property rights, whether those rights belong to AIP, its affiliates, partners, or third parties, will be met with swift action.

In the event of any breach of these terms:

  1. AIP reserves the right, at its sole discretion, to immediately suspend, terminate, or restrict your access to the Website without prior notice.
  2. AIP may block, prevent, or disqualify any entity or individual from on-going or future use of the Website.
  3. Additionally, AIP retains the right to pursue legal action against any party that fails to comply with our terms or infringes upon rights protected under these terms.

AIP may also, without any breach, at any time and without notice, and in its sole discretion without any cost, charge, or liability, terminate, withdraw, or suspend your use of the Website or any portion thereof.

We implore all users to adhere strictly to our guidelines to ensure a productive and respectful environment.

Personal Information Submitted Through the Site

Your submission of personal information to us is governed by our privacy policy, available at https://www.accelerateip.ca/privacy-policy (the “Privacy Policy”).  The Terms incorporate by reference the terms and conditions of the Privacy Policy.

Third-Party Links

The Website may contain hyperlinks to websites which are not maintained by AIP. Hyperlinks to other websites are provided as a convenience. Use of the hyperlinks and access to such websites are entirely at your own risk. AIP is not responsible for the contents of such websites and shall not be liable, directly or indirectly, for any damages or loss arising from access to such websites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or the activities of the people, organizations and/or businesses responsible for such websites.

Disclaimer

No Warranties or Representations: The Website, along with its materials, information, services, and content, including, without limitation, text graphics, program information and links, is provided “as is” without warranties or representations of any kind, whether express, implied, statutory, or otherwise.

Exclusion of Warranties: To the maximum extent permitted by applicable law, AIP expressly disclaims:

  • Warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, title, and non-infringement, whether express or implied.
  • Warranties against interference with the quiet enjoyment of the Website.
  • Warranties against the presence of malicious code or computer viruses.
  • Warranties arising from the course of dealing or course of performance.
  • Any representation or warranty that the Website will operate uninterrupted, be error-free, or that any errors or defects will be corrected, or the Website or the servers hosting it are free from viruses, malicious code, or other potentially harmful components.
  • Warranties or representations concerning the correctness, accuracy, completeness, adequacy, usefulness, timeliness, or reliability of the Website’s materials or information.

Geographical Limitations: AIP provides the Website for use primarily within Canada. It makes no representations that the Website’s content is appropriate or accessible from other locations. Accessing the Website from territories where its content may be illegal is prohibited. Individuals accessing the Website from outside Canada do so at their own risk and are responsible for compliance with local laws. AIP may, at its discretion, limit the Website’s availability to any person, area, or jurisdiction.

Data Security and Third-Party Platforms: While AIP takes reasonable precautions to safeguard the information and data provided through the Website, no method of transmission or electronic storage is 100% secure. AIP cannot guarantee the absolute security of the information users provide or that the information will not be accessed, disclosed, altered, or destroyed by a breach of any of our safeguards. Users acknowledge that AIP utilizes third-party platforms, including but not limited to Survey Monkey Apply. AIP is not responsible for the data protection strategies or breaches of these third-party platforms. It is recommended that users review the terms and privacy policies of third-party platforms used in connection with the Website.

Limitation of Liability

General Exclusion: To the maximum extent permitted by applicable law, in no event shall AIP nor its affiliates, including their respective officers, directors, employees, agents, licensors, and suppliers, be liable for any of the following, regardless of whether the alleged liability is based on contract, negligence, tort, strict liability, or any other theory:

  • Any direct, indirect, special, punitive, incidental, exemplary, or consequential damages,
  • Loss of profits, goodwill, or anticipated savings,
  • Any damages whatsoever, even if AIP or its affiliates have been previously advised of the possibility of such damages,
  • Any claim, damage, or loss arising from or related to the use, inability to use, or performance of the services, products, or materials available from the Website.

Reliance on Website Content: Users agree that AIP and its affiliates, including their respective officers, directors, employees, agents, licensors, and suppliers, will not be held liable for any claim, damage, or loss, whether direct or indirect, resulting from or related to the use of or reliance on any content or information contained in or available on the Website.

Indemnification

You agree to indemnify, defend, and hold harmless AIP and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of the Terms, any breach of your representations or warranties, or any activity related to your conduct (including negligent or wrongful conduct), or any content or materials provided by you).

Applicable Laws

The Terms and your use of the Website shall be governed in all respects by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regards to the conflicts of laws provisions.  You irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of the Terms or the Website, provided that AIP may seek and obtain injunctive relief in any jurisdiction.

General

Waiver: The waiver of any provision of the Terms shall not be considered a waiver of any other provision or of AIP’s right to require strict observance of each of the terms herein.

Severability: The terms and conditions of the Terms shall be deemed severable.  In the event that any provision of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law and such determination shall not affect the validity or enforceability of any other remaining provisions.

Assignment and Enurement: AIP may assign its rights and obligations under the Terms.  The Terms will enure to the benefit of AIP’s successors, assigns and licensees.

Last Updated: November 21, 2023