1.2    Definitions

1.3    Privacy Policy: these Terms include our Privacy Policy which shall be subject to these Terms in the event of any conflict or inconsistency. These Terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content or services made available or supplied by us using the Website. Additional Terms will be made available on relevant pages of the Website and will be accessible by you. Additional Terms shall prevail if there is any conflict or inconsistency with any other of these Terms.

1.4    This Website is intended for and directed to residents of Canada over the age of 18 years.  

2.1    We may terminate, change, suspend or discontinue any aspect of this Website at any time without notice. Without limiting the generality of the foregoing, we may change the availability of any features, add, remove, modify or otherwise change any Content on this Website, impose limits on certain features, or restrict access to parts or all of this Website. We reserve the right, but not the duty, to correct any errors or omissions in any portion of this Website at any time without notice.

3.1    As a condition of your use of the Website, you agree:

• 3.1.1    not to use the Website for any purpose that is unlawful under applicable law, or prohibited by these Terms;

• 3.1.2   not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Website or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party; 

• 3.1.3    not to alter, modify, copy, adapt, deface, disassemble, transmit, distribute, sell, or reverse engineer or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Website or its Content,  or attempt to do so, or permit, acquiesce, authorize, or encourage any other person to do so, except as permitted by us under these Terms or as expressly provided under applicable law and/or under any Additional Terms; 

• 3.1.4    you may only display the Content on your computer and print, download and use the Content for your personal education or for your business’ internal use.
• 3.1.5 not to use the Website to distribute viruses or malware or other similar harmful software code; 

• 3.1.6    not to circumvent any security technology of the Website or attempt to do so;

• 3.1.7   not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and 

• 3.1.8   that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website and shall be solely responsible for keeping your password and other account details confidential. 

3.2    We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these Terms or any applicable law.

4.1    This Website and all intellectual property rights in the Website (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

4.2    Some of the Content may be subject to the copyright of another source. There may be additional restrictions on the reproduction of such content. Details concerning copyright ownership and any special restrictions on reproduction are indicated on the relevant page(s) of this Website and they should be observed.

4.3    Nothing in these Terms grants you any rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Website and the Content, and in particular in any digital rights or other security technology embedded or contained within any Content. The use or misuse of any Content except as provided in these Terms is strictly prohibited.

4.4    Trademarks: INNOVATION ASSET COLLECTIVE, COLLECTIF D’ACTIFS EN INNOVATION, IAC, CAI,  the IAC logo, and the CAI logo are our trademarks. The use or misuse of any of our trademarks except as provided in the IAC Trademark Policy is strictly prohibited. All other trademarks, trade names or service marks mentioned on this Website are the property of their respective owners.

5.1    IAC is committed to ensuring the privacy of the users of the Website and of its members. Please refer to our Privacy Policy. Our Privacy Policy may be amended from time to time, and you should check our Privacy Policy frequently for changes.

5.2    Subject to our Privacy Policy, the Website, except for Hubspot and SurveyMonkey Apply, is not a secure means of communication and any information you supply to us may not be kept confidential. While we use reasonable efforts to maintain the confidentiality of any information you supply to us through Hubspot or SurveyMonkey Apply, we cannot guarantee that confidentiality can be maintained at all times. For these reasons, you should limit the amount of confidential information, commercially sensitive or valuable information, or other sensitive information you send to us. By transmitting or posting any submission or other material to us outside of Hubspot and SurveyMonkey Apply, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.

5.3    Where our Website enables you to communicate with us and/or other users of the Website, you may not use the Website to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Website into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Website from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Website nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Subject to our Privacy Policy and any confidentiality agreement between you and us, our right to use submissions or other material provided by you is non-exclusive and worldwide so you shall be entitled to use your own material yourself subject to applicable law.

5.4    You agree that IAC may collect data and traffic information about you while you are using the Website or during any other interaction between you and IAC, for the purposes of support, improving our products, services, or processes, and data analysis. Unless the disclosure of such data or information is necessary for IAC to meet its contractual obligations to Innovation, Science and Economic Development Canada (“ISED”) or for IAC’s external service providers or contractors, who are subject to confidentiality terms, to fulfil their contractual obligations with us, any external use of such data, information, or the resulting analysis thereof will be anonymized or in compilation form such that no individual or entity will be identified. You acknowledge that IAC’s ability to use and analyze your data or information is crucial for demonstrating the effectiveness of IAC’s programs and offerings and the progress of our members. You hereby consent to our collection, use, and disclosure of your data or information.

6.1    While we use 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 Content 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 shall 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 news, features, services and other websites, which may be of interest. None of the Content on the Website shall constitute technical, financial, professional, or legal advice or any other type of advice and the Content shall not be relied upon as such.

6.2    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.

6.3 We may use third party cloud hosting services to host any portion of our Website, and we have limited control over the performance of such third party cloud hosting services. We have no responsibility or liability whatsoever for any acts or omissions of such third party cloud hosting services.

7.1    You may only link to www.ipcollective.ca (“Main Site”) and you may do so, provided you agree to the link conditions described below (“Link Conditions”):

• 7.1.1 If you link to the Main Site, your website:
  • 7.1.1.1 may not imply that we are endorsing you or your products or services;
  • 7.1.1.2 may not imply an affiliation between us and you or any entity on whose behalf you may be acting without our prior written consent;
  • 7.1.1.3 may not misrepresent your relationship with us or present false or misleading impressions about us or our services;
  • 7.1.1.4 may not contain content that may be interpreted as distasteful or offensive;

• 7.1.2 We shall have no responsibility or liability for any content appearing on your website.

• 7.1.3 We may at any time, in our sole discretion, immediately terminate your right to link to the Main Site, with or without cause. If we exercise this right, you will immediately remove all links to the Main Site.

• 7.1.4 We may amend these Link Conditions at any time. You agree to abide by these Link Conditions and these Terms, as amended from time to time. By establishing a link to the Main Site, you will be deemed to have agreed to these Link Conditions.

7.2 You may not frame this Website on any other site. You agree to cooperate with us in causing any unauthorized framing to immediately stop.

7.3 The Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. We make no representations or warranties, and do not endorse, any third party website that is linked to this Website, the contents of any such third party website, the information appearing on any such third party website or any of the products or services described on any such third party website. The fact that a website is linked to this Website does not imply that we sponsor, endorse or are affiliated or associated with the entity that owns or is responsible for that website. Your use of any such third party website is at your own risk and your use may be governed by the terms and conditions of that third party website.

8.1    THE CONTENT AND ANY OTHER INFORMATION PROVIDED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS STATED ABOVE, EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS (WHETHER EXPRESS OR IMPLIED) IN RELATION TO THE PROVISION OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS TO COMPLETENESS, ACCURACY AND CURRENCY OF ANY CONTENT ON THE WEBSITE, AS TO SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE, AS TO TITLE OR NON-INFRINGEMENT, OR AS TO THE ABSENCE OF ANY SOFTWARE VIRUS OR OTHER HARMFUL COMPONENT. WE DO NOT WARRANT THAT THIS WEBSITE OR THE DELIVERY, HOSTING AND ANCILLARY SERVICES OR FACILITIES OF THIRD PARTY SUPPLIERS THAT WE USE FOR THIS WEBSITE WILL CONTINUE TO OPERATE, WILL OPERATE WITHOUT INTERRUPTIONS OR WILL BE ERROR-FREE. 

8.2    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (INCLUDING OUR OFFICERS, EMPLOYEES, AND CONTRACTORS) EXCLUDE 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 WHATSOEVER REASON, AND ANY REPRESENTATION OR STATEMENT MADE ON THE WEBSITE. 

8.3 We will not be liable for any loss or damages (including any direct, indirect, incidental, special, punitive or consequential damages) 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 or its Content and/or the acts or omissions of any third party such as other users of the Website or any other loss or damages arising from or in connection with your use of, access to or your reliance on, or your inability to use or access, this Website, any Content, any information provided through this Website, any external links on this Website, any third party website linked to this Website, or any contents thereof, any website linking to this Website, or any contents thereof, or any delivery, hosting and ancillary services or facilities of our third party suppliers. We are not responsible and assumes no liability for third party contents of this Website or third party information provided through this Website. 

8.4    Under no circumstances shall 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, to the extent permitted by law, the amounts paid by you to us.

8.5    Notwithstanding any other provision of these Terms, we do 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.

8.6    Any exclusions and limitations of liability in these Terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.

9.1 These Terms are dated June 8, 2023. No changes to these Terms are valid or have any effect unless agreed upon by us in writing. We reserve the right to change these Terms from time to time. Changes to these Terms will be effective when the updated terms and conditions are posted on this Website. It is your responsibility to check these Terms from time to time. By continuing to use and access the Website following such changes, you agree to be bound by any change to these Terms. If any change to the Terms is not acceptable to you, you should discontinue your use of this Website immediately. 

9.2 Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at 67 Erb Street West, Waterloo, Ontario, N2L 6C2 Canada and all notices from us to you will be displayed on our Website from time to time.

9.3 We shall 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.

9.4 If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these 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.

9.5    These Terms, together with the Privacy Policy, and any applicable Additional Terms contain the entire understanding and agreement between us 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, we shall have no liability for any such representation being untrue or misleading.

9.6    You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.

9.7 These Terms shall be construed in accordance with and governed by the laws in effect within the Province of Ontario.

IAC hereby grants You the limited, non-transferable, revocable permission to use the trademarks shown below (the “Trademarks”), without modification, and for the purposes and in the manner described herein:

You may use any of the Trademarks in print or on a website in reference to IAC’s offerings, programs or services, IAC being your strategic partner, your membership at IAC, or IAC being a client of yours, subject to the guidelines set forth below and to the terms of this policy. All references to IAC must be honest and accurate. No other use of the Trademarks is permitted without the express written consent of IAC..

Your use of any of the Trademarks must meet the following guidelines:

3.1 Use the full-colour version of the Trademarks on a white background

3.2 We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these Terms or any applicable law.

3.3 The amount of clear space around each Trademark should be equal to or greater than the height of the maple leaf in the Trademark 

3.4 For print, the Trademarks with words must have a minimum height of 11.43 mm; the Trademarks without words must have a minimum height of 8.89 mm. For a website, the Trademarks with words must have a minimum height of 60 pixel; the Trademarks without words must have a minimum height of 40 pixel 

3.5 Use each Trademark as a supporting element, in a context that clearly describes the role of IAC 

3.6 Do not use the Trademarks in a way that implies endorsement 

3.7 A superscript asterisk must immediately follow the use of each Trademark and a corresponding footnote must recite “Trademark of Innovation Asset Collective, used with permission by Innovation Asset Collective/Collectif d’actifs en innovation.  

You must never use the Trademarks in a way that implies an endorsement or affiliation with IAC where such a relationship does not exist.

You shall not depict the Trademarks in any manner or in any materials that would tend to denigrate, disparage, tarnish, present in a false light, or otherwise reflect negatively on the Trademarks, IAC or its funder (i.e., Innovation, Science, and Economic Development Canada), any of IAC’s members, any of IAC’s services, or the intellectual property industry or related industries in general.

IAC may revoke this permission to use at any time by written notice to You. Revocation will apply to all future use of the Trademarks but will not require you to delete the Trademarks from any tangible materials already in existence if such use is not in violation of the terms of this policy.

Any use by you of the Trademarks that violates any of the terms of this policy will result in the automatic revocation of this permission to use without notice to You.

You acknowledge that IAC owns all right, title, and interest in the Trademarks. 

You shall indemnify, defend, and hold harmless IAC from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including legal fees and disbursements arising from or relating to any breach by You of the terms of this policy.

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