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Terms of Use - OWN INNOVATION

OWN INNOVATION

OWN INNOVATIONTerms of Use

Terms of Use

AGREEMENT

By using the Own Innovation website (the “Website”) including any material made available on or through the Website (the “Content”) your agree to be bound by these Terms of Use (“ToU”) which sets out the terms and conditions under which you may access and use the Website and Content. If you do not agree to be bound by the ToU, please do not access or use the Website and/or Content.

Own Innovation Inc. reserves the right to revise the ToU at any time, and it is your responsibility to check for such updates. Access to or use of the Website constitutes acceptance of the ToU current at the time of access or use.

PARTIES

The Website is provided by Own Innovation Inc. and the Law Firm of James Hinton. Own Innovation Inc. provides intellectual property (IP) services. The IP services include patent agency, trademark agency, IP strategy, and other non-legal consulting work. The Law Firm of James Hinton provides IP legal services.

LAWYER-CLIENT RELATIONSHIP NOT CREATED

Your access to or use of the Website does not create a client relationship, lawyer-client, patent agent, trademark agent, advisory, and fiduciary relationships, between you and Own Innovation Inc., the Law Firm of James Hinton, or any partner or employee thereof.

Your use of the Website may facilitate communications with Own Innovation Inc., the Law Firm of James Hinton, and its employees. Such communications similarly do not create client relationships.

WEBSITE CONTENT – LEGAL ADVICE NOT PROVIDED

Content provided by way of the Website is for general information purposes only. It is not and should not be taken or construed as legal advice or opinion of any kind. You should not act, or fail to act, based solely upon the materials made available on the Website. You may contact Own Innovation Inc. and the Law Firm of James Hinton to discuss any specific concerns, legal or professional, you may have.

The Website may be updated regularly including to change or include new content from time to time. However, Own Innovation Inc. and the Law Firm of James Hinton provides no indication of the currency of the content or any part thereof and explicitly gives notice that the content may be out of date at any given time. Own Innovation Inc. and the Law Firm of James Hinton is under no obligation to update the Content.

COMMUNICATIONS NOT CONFIDENTIAL

The transmission of any material over the internet or any other network is subject to potential unauthorized disclosure, loss, interception, or alteration. Emails, texts, messages, tweets, wall posts, etc. may be unsecure and confidentiality may be inadvertently breached by improper sharing of email accounts or taking inadequate measures to prevent unauthorized access to the communications. Privilege claims, such as Lawyer-Client privilege claims, may be adversely affected through the use of such indiscreet or unsecure methods of communication. Extreme care should be taken about disclosing any confidential information via such media.

Own Innovation Inc. and the Law Firm of James Hinton cannot guarantee the security and confidentiality of any communications made to, from, or through the Website. Own Innovation Inc. and the Law Firm of James Hinton does not guarantee that any such communications are protected by privilege. Own Innovation Inc. and the Law Firm of James Hinton does not assume any responsibility or risk for your use of the Website or internet.

If you wish to provide confidential or sensitive information to Own Innovation Inc., the Law Firm of James Hinton or an employee thereof, please provide us with a method of contacting you without providing the confidential or sensitive information. Methods of providing the confidential or sensitive information may be subsequently suggested.

PRIVACY POLICY

Own Innovation Inc. and the Law Firm of James Hinton treats personal information that you submit on or through the Website in accordance with this Privacy Policy. Please read carefully the Privacy Policy, which sets out the privacy policies and practices of Own Innovation Inc. and the Law Firm of James Hinton. By accessing or using the Website or by providing your Personal Information on or through the Website, you acknowledge and consent to the use of your Personal Information by Own Innovation Inc. and the Law Firm of James Hinton in accordance with the terms in the Privacy Policy current at that point in time.

LIMITED RIGHT

Subject to the terms and conditions of these ToU, you are granted a limited, fully revocable, non-transferable and non-exclusive right to access and use the Website for your personal, non-commercial use. This limited right is automatically revoked upon termination or expiration of the ToU, whichever occurs first.

NO UNLAWFUL or PROHIBITED USE

The Website and Content (including, but not limited to, text, graphics, photos, illustrations, software, videos, trademarks, and logos) are protected by copyright, trademark and other intellectual property laws throughout the world, and are owned by Own Innovation Inc. and/or its licensors, or the party accredited as the provider or owner. You acquire absolutely no rights or licenses to the Website or Content apart from the limited right to access and use them in accordance with these ToU. As such, any use, including, but not limited to, reproduction, retransmission, distribution, modification, translation of, or creation of derivative works based on, the Website or the Content, in whole or in part, and any disassembly, reverse engineering or other exploitation of the Website or the Content, is strictly prohibited without prior written permission.

You acknowledge and agree that you will not use the Website and the Content for any unlawful or improper purpose.

LINKS TO OUR WEBSITE

The Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page at www.owninnovation.ca. The linking must be fair, and in no way derogatory, defamatory or otherwise harmful. The linking must not damage our reputation or take advantage of it. Moreover, the link must not suggest any form of association, approval or endorsement by Own Innovation Inc. or the Law Firm of James Hinton, where none exists. We reserve the right to withdraw linking permission without notice.

If you wish to make any use of the Content on the Website other than that set out above, please address your request to jim@owninnovation.ca.

LINKS FROM OUR WEBSITE

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have not reviewed these third-party websites and we have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to our Website, you do this entirely at your own risk.

Own Innovation Inc. and the Law Firm of James Hinton does not endorse the information contained in those websites nor does it make any representation or warranty of any kind regarding any third-party website including, but not limited to, the quality, accuracy, reliability, completeness, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under the control of Own Innovation Inc. or the Law Firm of James Hinton and as such, your choice to access any such website is done entirely at your own risk.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL OWN INNOVATION INC, THE LAW FIRM OF JAMES HINTON, OR PARTNERS, EMPLOYEES, CONSULTANTS, OFFICERS, DIRECTORS THEREOF OR ANY OTHER MEMBER, BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR DAMAGES OR LOSSES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, FINES, FEES, PENALTIES, AND PERSONAL INJURY), RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO MAKE USE OF, THE WEBSITE AND THE CONTENT. THE FOREGOING LIMITATION SHALL APPLY WHETHER OR NOT OWN INNOVATION INC. AND THE LAW FIRM OF JAMES HINTON, JOINTLY OR SEVERALLY, KNEW OR OUGHT TO HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

DISCLAIMER OF WARRANTIES

THE WEBSITE AND THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO WARRANTY OR REPRESENTATION IS MADE THAT: (I) THE WEBSITE AND THE CONTENT IS COMPATIBLE WITH YOUR ELECTRONIC DEVICE AND/OR SOFTWARE; (II) THE WEBSITE AND THE CONTENT IS ACCURATE, CURRENT OR COMPLETE; (III) THAT THE OPERATION OF THE WEBSITE WILL BE WITHOUT INTERRUPTION, ERRORS OR OMISSIONS; (IV) THAT DEFECTS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED; (V) THAT THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEBSITE WILL BE SECURE. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ACCESS TO AND USE OF THE WEBSITE.

RELEASE AND INDEMNITY

To the extent permissible under law, you agree to indemnify and hold harmless Own Innovation Inc. and the Law Firm of James Hinton and its partners, employees, consultants, officers, directors, or any other member thereof from and against any claims, demands, liabilities, damages, and expenses (including all legal fees and disbursements), arising out of: (i) your use of the Website and the Content; (ii) your breach of any provision of the ToU; or (iii) your violation of any rights of another. Own Innovation Inc. and the Law Firm of James Hinton reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations, and you agree to cooperate, at your cost, with our defence of any such matter.

GOVERNING LAW AND JURISDICTION

Notwithstanding any conflict of laws principles or your domicile, residence or physical location, you acknowledge and agree that the laws of the province of Ontario and the federal laws of Canada shall govern the access and use of the Website, as well as the interpretation, effect and validity of the ToU. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario with respect to any legal proceeding related to the Website and agree not to commence any such proceeding except in Toronto, Ontario, Canada.

TERMINATION

Own Innovation Inc. may at any time, without notice, terminate your right to access and use the Website. Own Innovation Inc. shall not be liable to any party for such termination. The restrictions imposed on you with respect to the Website and the Content as set out in this ToU, shall survive any such termination.

ENTIRE AGREEMENT

These ToU, including any documents referenced herein, constitutes the entire agreement between you and Own Innovation Inc. with respect to your access and use of the Website and the Contents and supersedes all prior or contemporaneous agreements or communications between you and Own Innovation Inc. or any of its employees with respect to the Website or the Contents. No delay or omission by Own Innovation Inc. in enforcing the performance of any provision of this ToU shall be construed as a waiver of the provision or any right to subsequently enforce the provision. If any of the provisions in the ToU are determined to void, or for any reason unenforceable, you agree that the remaining provisions remain in full force and effect. The section titles used in the ToU are for convenience only and have no legal or contractual effect.

RESERVED RIGHTS

© 2023 Own Innovation Inc. All rights reserved. No part of the Website or the Content may be reproduced, modified, distributed, sold, republished, broadcast, or circulate in any form without the prior written consent of Own Innovation Inc., except to the extent that such use is for your personal non-commercial use, provided that you maintain all copyright, trademark and other notices. All copies must include this copyright notice. Own Innovation and the Own Innovation logo are trademarks of Own Innovation Inc. Our trademarks may be registered or unregistered in Canada and in other countries as applicable. Any use of such trademarks, except as expressly provided for herein, is strictly prohibited without the express written consent of Own Innovation Inc. Certain trademarks of third parties may be used by Own Innovation Inc. under license, but the display of such third party trademarks on the Website should not be interpreted to imply that Own Innovation Inc. of the Law Firm of James Hinton endorses the wares or services of such third parties.