1.1. This is an agreement between National Optics Institute ("INO"), owner and operator of the website www.ino.ca (the "Site"), and you (“you”), a user of the Site (“User”).
By using the Site, including the services provided through the Site (the “Services”) you acknowledge and agree to these terms of service (the “Terms of Service”) and to INO Personal Information Protection Policy, which is incorporated into these Terms of Service by reference. If you choose to not agree with either the Terms of Service or the Personal Information Protection Policy, you must refrain from using the Site.
By using the Site, you represent and warrant that you have reached the legal age of your place of residence to enter into a contract.
2.1. Right to Change Terms. INO reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms of Service”), from time to time.
2.2. Notice of Updated Terms of Service. Unless INO makes a change for juridical or administrative reasons, INO will provide reasonable advanced notice before the updated Terms of Service become effective. You agree that INO may notify you the updated Terms of Service by posting them on the Site.
2.3. Acceptance of Updated Terms of Service. Your use of the Site after the effective date of updated Terms of Service constitutes your agreement to these updated Terms of Service. You should review these Terms of Service and any Updated Terms of Service before using the Site.
2.4. Effective Date of Updated Terms of Service. The updated Terms of Service will be effective as of the time of posting of the Site or such later date as may be specified in the updated Terms of Service and will apply to your use of the Site from that point forward.
3.1. Features. The Site allows you to obtain various information about INO, including the services offered.
3.2. Access and Use. During the term of this agreement, INO grants you a limited, non-exclusive, non-transferable right to access and use the Site in accordance with the Terms of Service (“Authorized Purposes”).
3.3. User Conduct. You may not engage in any of the following prohibited activities:
3.3.1. using the Site for purposes other than the Authorized Purposes;
3.3.2. copying, distributing, or disclosing any part of the Site in any medium, including by any automated or non-automated web scraping tool or technique;
3.3.3. using any automated system, including "robots," "spiders," and "offline readers", to access the Site;
3.3.4. transmitting, via the Site, spam, chain letters, or other unsolicited email;
3.3.5. attempting to interfere with the servers running the Site, compromise their system integrity or security, or decipher any transmissions to or from them;
3.3.6. taking any action that, at our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on the Site infrastructure;
3.3.7. uploading invalid data, viruses, worms, or other malware through the Site;
3.3.8. collecting, extracting or harvesting any personally identifiable information, including account names, from the Site;
3.3.9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
3.3.10. interfering with the proper working of the Site;
3.3.11. accessing any content on the Site through any technology or means other than those provided or authorized by the Site;
3.3.12. bypassing the measures that INO may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
3.3.13. otherwise using the Site in contravention of any applicable law.
3.4. Investigations and Prosecutions. INO reserves the right to investigate any breach of these Terms of Service and to take appropriate remedies to the fullest extent permitted by law.
When you provide INO with your email address through the Site, you expressly agree that INO will retain your email address in its databases or that it may use this email address in its mailing lists to communicate with you to (i) conduct surveys or verifications concerning the Site, in particular on its functionalities, its usability, and your appreciation of it (ii) to share with you information and news about INO, or (iii) for any other reason relating to the Site, Services or User safety.
5.1. Trademarks. All trademarks (including words, expressions and logos) used by INO for the purposes of distinguishing or so as to distinguish its own goods or services from those of others, are owned by INO. Trademarks of INO may not be used, reproduced or imitated, in whole or in part, without the prior written permission of INO.
5.2. Copyright. All original works reproduced or published on the Site are protected by copyright. The owner of the copyright in each of such works reserve all its rights in it. You acknowledge that it is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that, by the applicable copyright statutes, only the owner of the copyright has the right to do.
5.3. Other Rights. This Site or any part thereof may also be protected by industrial designs or patents. INO reserves all rights to the Site not expressly granted. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
5.4. Feedback. INO is free to use, profit, disclose, publish, keep secret or otherwise exploit any comments, suggestions or other ideas to improve or otherwise modify the Site or any other INO product or service ("Feedback"), without compensation or attribution to the User or to any person behind this Feedback.
5.5. Documentation. INO will, from time to time, provide the User with documentation, online or in any material form, describing the features, operation and use of the Site (the "Documentation"). The User understands and agrees that he may reproduce and use the Documentation only as necessary to support his use of the Site.
6.1. Definition. For the purposes of this Section 6, « Confidential Information » means any material, non-public, INO-related (including any trade secret) information, whether written or oral, whether or not it is marked as confidential.
6.2. Obligation of Confidentiality. The User must keep confidential all Confidential Information of INO that INO has disclosed to him or made available to him, directly or indirectly, by any means of communication or observation.
6.3. Limited Uses. The User may only use the Confidential Information for the purpose of using the Site.
6.4. Non-disclosure. The User may not disclose Confidential Information to a third party, except to the extent that such disclosure:
6.4.1. is permitted by these Terms of Service;
6.4.2. has previously been the object of a signed written consent from INO; or
6.4.3. is required by law.
6.5. Notice. The User must notify INO promptly and in a timely manner if the User is required by law to disclose any Confidential Information or has knowledge of any unauthorized disclosure of Confidential Information.
The Site may contain hyperlinks to external Internet sites that remove you from the Site (the "External Sites"). You acknowledge and agree that INO is not responsible for the availability of these External Sites, nor for the accuracy of the content, products or services available on these External Sites. Hyperlinks to External Sites do not imply any approval or endorsement by INO of these External Sites. You acknowledge that you assume all risks arising from your use of the External Sites. By using the Site, you expressly release INO from any liability arising from your use of any External Site.
The site is provided to you “as is” and “as available” without any guarantee. To the fullest extent permitted by applicable law, INO disclaims all warranties, express or implied, including warranties of non-infringement, accuracy, absence of error or accuracy of content. INO may update the Platform without prior notice to Users. Although INO does everything in its power to ensure that the information presented on the Site is complete and accurate, INO cannot guarantee that such information is free of errors, omissions and inaccuracies.
You acknowledge and agree that you assume all risk arising from your access to or use of the Site, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, INO, its affiliates, directors, employees, agents, licensors or successors and assigns, shall in no event be liable for damages of any kind, including without limitation loss of use, loss of profits or loss of data, whether in contract or tort proceedings, or otherwise, resulting directly or indirectly from the use or performance of the Site, including any damage caused by or resulting from a User's reliance on any information obtained by the Site, or resulting from an error, omission, interruption, deletion of files or emails, defects, viruses, delays in operation or transmission or any failure in execution.
By using the Site, you agree to defend, indemnify and hold harmless INO, its subsidiaries and related companies, and their respective officers, agents, directors, employees, licensors and assigns from and against all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys' fees and costs) and all amounts paid in settlement arising from or relating to use of the Site, or your violation of the Terms of Service or the rights of third parties. INO may assume the exclusive defense and control of any matter for which you have agreed to indemnify INO and you agree to assist and cooperate with INO in the defense or settlement of any such matters.
11.1. Termination by INO. INO may terminate or suspend your access to or ability to use the Site and of the Services immediately, without prior notice or liability, for any reason or no reason, including breach of those Terms of Service.
11.2. Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
11.3. Survival of Provisions. This agreement's provisions that by their nature should survive termination shall survive termination, including provisions on intellectual property, warranty disclaimers, and limitations of liability, indemnification. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to INO or any third party.
12.1. Claim Procedure. For any dispute that you have with INO arising out of or in connection with or relating to this agreement, you agree to first contact INO and attempt to resolve the dispute informally. If INO has not been able to resolve the dispute with you informally, each party agree to resolve any such dispute first by mediation in accordance with the provisions of section 605 and following of the Quebec Code of Civil Procedure, unless such mediation (i) has not commenced at the initiative of a party within ten (10) days of the expiry of the time limit indicated in a default notice from one party to the other or (ii) did not result in an amicable settlement within twenty (20) days of commencement of the mediation, and then, if mediation did not result in an amicable settlement, by binding arbitration, in Quebec City (Canada) unless you and INO agree otherwise, in accordance with the provisions of section 620 and following of the Quebec Code of Civil Procedure, unless in circumstances for which the applicable law prohibits referral to arbitration or restrictions on a consumer’s right to go before a court.
12.2. Class Actions. Unless in circumstances for which the applicable law prohibits restrictions on a party’s right to bring a class action, all claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the parties agree otherwise, the arbitrator may not consolidate more than one person's claims.
12.3. Injunctive Relief. Nothing in this section prevents either party from seeking provisional measures or safeguard orders, such as injunctive or other equitable relief, from the competent judicial court, before or during arbitration proceedings.
This agreement shall be governed by and construed in accordance with the laws in force in the Province of Quebec, without regard to the rules applicable in the event of conflict of laws. Your conduct may also be subject to other local, national or state laws.
14.1. Entire Agreement. These Terms of Service replace any prior agreement between you and INO and supersede any other prior agreement that may have occurred between you and INO with respect to this agreement.
14.2. Assignment. You may not assign or transfer these Terms of Service and the Personal Information Protection Policy or any other right or obligation relating thereto.
14.3. Waiver. The negligence or delay by INO to exercise a right, recourse, power or privilege in accordance with the Terms of Service does not constitute a waiver of such rights, recourses, powers or privileges. To be valid, a waiver must be made in writing and must be signed by INO. A written waiver to a default cannot be interpreted as constituting a waiver to any other default or default of the same nature which may occur in the future.
14.4. Invalidity or Unenforceability. Even if one or more provisions of this Agreement or the Personal Information Protection Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of this Agreement or the Personal Information Protection Policy ; such agreement or the Personal Information Protection Policy shall then be interpreted as if the invalid or unenforceable provision had never been a part of this Agreement or the Personal Information Protection Policy.
15.1. INO appreciates your comments, questions and feedback, which may be sent to info@ino.ca.