LEGAL NOTICE & TERMS OF USE

.

LEGAL NOTICE & TERMS OF USE

To navigate and use the website www.innovmetric.com (hereinafter referred to as the "Website") implies the express and unreserved acceptance of all the terms and conditions of these Terms of Use which are as valid and effective as any written and signed contract.

For the purposes of interpreting these Terms of Use, we consider that someone becomes a user and accepts the Terms of Use and the Privacy Policy displayed on the Website, when they enter it. If you do not agree to these terms, please do not enter, browse or use the Website.

 1. Identification

  • Owner: INNOVMETRIC SOFTWARE, INC. (hereinafter, “INNOVMETRIC”)
  • Registered office: 2014 Cyrille-Duquet, Suite 310, Québec, Québec, Canadá, G1N 4N6,
  • Registered in the Companies Registry with number: 302487-3.
  • Phone: (418) 688-2061
  • E-mail: info@innovmetric.com

 2. Purpose

These Terms of Use regulate (i) the access to, the navigation and the use of this Website, without prejudice to the right reserved to INNOVMETRIC to modify the presentation, settings and content thereof, as well as (ii) the conditions required to access and/or use it. The access to and the use of the contents of the Website once those have been modified implies the acceptance thereof.

INNOVMETRIC reserves the right to modify the terms and conditions provided herein, in whole or in part, and will post any change or modification made in the same manner as these Terms of Use are displayed or by sending any kind of communication to the users.

 3. Intellectual property rights

INNOVMETRIC owns or, where appropriate, has the corresponding licenses on the intellectual property of the Website and all the contents offered therein, including the platform itself, texts, images, photographs or illustrations, logos, trademarks, graphics, color combinations, designs, sounds, videos, models, inventions, products, procedures, interfaces, structures, computer programs necessary to use or access the Website and any other information or content, as well as the services offered through the Website. All rights reserved.

It is expressly prohibited to modify, copy, reproduce, publicly communicate, including by making it available, transforming or distributing, by any means and under any form or support, all or part of the contents included in the Website, without the prior, express and written authorization of INNOVMETRIC or, as the case may be, the holder of the corresponding rights. The user only has the right to use the contents of the Website within a strictly domestic environment and solely for the purpose of using this Website under these Terms of Use.

Likewise, it is prohibited to delete or manipulate the copyright indications or other credits that identify the owners of the contents of the Website, as well as technical protection devices, digital fingerprints (hashing), or any protection mechanism or information incorporated in the contents of the Website.

The user represents and warrants that any information sent to INNOVMETRIC through any of the channels enabled for that purpose, does not infringe any intellectual property right, trade secret or any other right of third parties, and that this information is not confidential or detrimental to third parties, and therefore relieves INNOVMETRIC from liability in this regard.

 4. Website terms of use

The access or use of the Website for illegal or unauthorized purposes, either for profit or not, is not allowed and, therefore, only the user will be held liable for the consequences thereof. In particular, and without being limited to the following, you may not:

  • use the Website in any way that may cause damage, interruptions, inefficiencies or defects in its operation or on the computer of a third party;
  • use the Website for the transmission, installation or posting of any virus, malicious code or other malware or harmful files;
  • use the Website to collect personal data of other users;
  • use the Website illegally, or in any way contrary to good faith, moral principles and public order;
  • enter without authorization, by means of hacking, falsification, extraction of passwords or through any other illegitimate way, into any section of the Website, to other systems or networks connected to the Website, to any server of INNOVMETRIC, or to the services offered through the Website;
  • break, or attempt to break the security or authentication measures of the Website or of any network connected to it, or the security or protection measures attached to the contents of the Website;
  • carry out any action that causes a disproportionate or unnecessary overload of the Website’s infrastructure or of INNOVMETRIC’s systems or networks, as well as in the systems and networks connected to the Website; or
  • prevent the normal development of any activity or functionality available on the Website, either by altering or trying to alter, illegally or otherwise, their access or operation, through any procedure and/or practice that violates or in any way breaks these Terms of Use.

If the user fails to comply with any of the above obligations INNOVMETRIC may take the appropriate measures under the protection of Law and exercising its rights or obligations, and the user will not be entitled to any compensation for the damages that the adoption of these measures may cause to him.

In the event that you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set forth on the Website, please inform INNOVMETRIC immediately by sending an email to the following address: info@innovmetric.com

 5. Links

5.1. Links to other web pages

The Website may contain links to other websites of interest. However, INNOVMETRIC does not control the contents, privacy policies or practices of the websites of third parties and will not be held liable for them. Once the user has used these links to leave the Website, INNOVMETRIC will not be responsible for the user's data privacy or protection during the visit to these third-party pages which are not subject to these Terms of Use.

The user acknowledges and accepts that INNOVMETRIC will not be held liable for the losses or damages the user may suffer as a result of the availability of the aforementioned websites or external resources, or as a result of the trust placed in the completeness, accuracy or existence of any type of advertising, products or other materials offered through these third-party websites or resources.

5.2. Links to INNOVMETRIC’s channel on other platforms and social networks

Through different tools and applications INNOVMETRIC makes available to users links that allow them to access the INNOVMETRIC’s channels and pages on different platforms and social networks owned and/or managed by third parties (i.e.: Facebook, Twitter, LinkedIn, Pinterest, etc.). The insertion of these links on the Website has the sole purpose of providing users with access to these channels through different platforms and social networks.

The use of these applications does not imply the existence of any relationship between INNOVMETRIC and their owners, manufacturers or distributors, nor the acceptance and approval by INNOVMETRIC of its contents and/or services. The sole responsible for those contents and/or services is the owner, manufacturer or distributor of such platform.

In no case INNOVMETRIC shares with Facebook, Twitter, LinkedIn, Pinterest or any other social network that may be incorporated in the future any type of private information about the users of the Website; the only purpose for which INNOVMETRIC is interfaced with any social network is as indicated in these Terms of Use, as well as in the Privacy Policy of the Website. In this sense, all the information that the user decides to provide to these platforms will be under his/her sole responsibility since INNOVMETRIC is in no way involved in this process.

The activation and use of these applications may require the identification and authentication of the user (login / password) on the corresponding platforms which are completely external to the Website and beyond the control of INNOVMETRIC. By accessing these external networks, the user enters an environment not controlled by INNOVMETRIC, so INNOVMETRIC will not be held liable for the security settings of these environments.

5.3. Links on other web pages to INNOVMETRIC.com

INNOVMETRIC does not authorize links to the Website from those pages that contain materials, information or contents that are illicit, illegal, degrading, obscene and, in general, that contravene the laws, moral principles, public order, or social norms commonly accepted.

In any case, users may create links to the Website in their respective web pages, as long as they meet the following conditions:

  • The link may not reproduce the content of the Website or parts of it in any way;
  • It is prohibited to create a browser or a border environment on the sections of the Website, or to alter or modify in any other way the Website; it is also prohibited to create frames of any type that surround the portal or that allow to see it through other Internet addresses or jointly with contents external to it, in such a way that it (i) creates or may create confusion among the users about the origin of the service or its contents, (ii) constitutes an act of comparison or unfair imitation, (iii) serves to take advantage of the reputation, brand and prestige of INNOVMETRIC or (iv) is done in any other way that is prohibited by law;
  • It is prohibited to make false, inaccurate or incorrect statements or suggestions about the Website and/or INNOVMETRIC or to declare or imply that INNOVMETRIC has authorized the link or that it has supervised or assumed in any way the contents or services offered or made available on the website where the link appears;
  • The user who creates a link to INNOVMETRIC’s Website may not use INNOVMETRIC’s brand or any other distinctive sign within his/her website, except in the cases expressly allowed by INNOVMETRIC;
  • It is prohibited that the website where the link appears gives or may give the wrong impression that INNOVMETRIC endorses or supports the ideas, statements or actions of said website neither it can include contents that are inappropriate in relation to the activity developed by INNOVMETRIC. Neither will it include contents contrary to any rights of third parties, including intellectual property rights and/or the right to honor, to personal and family privacy or to one's own image or any other right, or contents contrary to personal data protection regulations.

INNOVMETRIC does not have the ability or human or technical resources to know, control or approve all the information, contents, products or services offered by other web pages that have links to the Website. INNOVMETRIC does not assume any responsibility for any aspect related to the web page with a link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents in general.

 6. Limitation of liability

INNOVMETRIC, does not guarantee or take on responsibility for:

  • The continuity of the contents of the Website;
  • The absence of content mistakes;
  • The absence of viruses and/or other malicious components on the Website or on the server;
  • The invulnerability of the Website and/or the impossibility of violating the security measures adopted in it;
  • The lack of usefulness or performance of the contents of the Website; and
  • The damages caused to oneself or to a third party by any person who infringes the conditions, rules and instructions that INNOVMETRIC establishes on the Website, or who violates the Website’s security systems.

However, at INNOVMETRIC, we expressly state that we have taken all the necessary measures within our grasp to guarantee the operation of the Website and to minimize the errors of the system, from a technical, legal and organizational point of view.

The user expressly states that his/her use of the Website is at his/her own risk.

In no event shall we be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, even if INNOVMETRIC has been previously advised of the possibility of such damages, whether in an action under contract, negligence, civil liability, or any other theory arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Web Site.

 7. Suspension of the Website

INNOVMETRIC reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, navigation, use, hosting and/or downloading of the content and/or the use of the services of the Website, with or without prior notice, and the user will not have any right to compensation for this cause.

 8. Personal Data Protection Policy

In accordance with the current legislation on the Protection of Personal Data of the European Union, all personal data that the user decides to provide us through the Website by using the forms enabled for this purpose, will be processed in accordance with our Personal Data Protection Policy which must be previously and necessarily accepted by the user in order to be able to send his/her personal data.

 9. Cookies Policy

The Website uses cookies whose policy is available here: Cookies Policy.

 10. Use of Google Maps

The Website uses the API Google Maps to visualize geographic information. While using Google Maps, Google collects, processes and uses information about the use of map features by users. For more information about Google's data processing, please consult Google’s Privacy Policy, where you can also manage your privacy settings.

 11. Miscellaneous

These Terms of Use will be valid as long as they are displayed on the Website and until they are modified, totally or partly, at which time the modified Terms of Use will become valid.

For these purposes, we inform that, at INNOVMETRIC, we may duly inform and collaborate with the police and the competent judicial authorities if we detect any violation of the current legislation or if we suspect that a crime has been committed.

In the event that any provision of these Terms of Use is declared void or unenforceable, in whole or in part, by any Court or competent administrative body, such nullity or unenforceability shall not affect the remaining provisions of these Terms of Use.

The fact that INNOVMETRIC does not exercise or execute some right or provision contained in these Terms of Use shall not constitute a waiver thereof, unless INNOVMETRIC so acknowledges and agrees in writing.

 Applicable legislation and competent jurisdiction

These Terms of Use are governed in accordance with the laws in force in the province of Quebec and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Montreal, Province of Quebec.

These Terms of Use and any and all other legal notices posted on our Website constitute the entire agreement between you and us with respect to the use of the Website and its content.

If you suffer any prejudice whatsoever or disagree in any way with the conditions of this Terms of Use, your only recourse is to leave the Website.