General Terms of Use

The iv3 SOLUTIONS® Web Site (the “Site”) is an online information service provided by IV3 SOLUTIONS® Corporation (“iv3®”), subject to your compliance with the terms and conditions set forth below.

Please read the following information carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this Site. iv3® reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time and by continuing to use the Site after the posting of a modification, you accept the modification.

The terms and conditions herein apply to iv3 SOLUTIONS® Corporation, its parent companies, subsidiaries, affiliates, and divisions, all of which are referred to herein as “iv3®”. The terms and conditions herein are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by iv3®.

Nothing in this Site shall be construed as creating any warranty or other obligation on the part of iv3®. The terms and conditions applicable to any iv3® product or service are contained in the specific agreement(s) relating to such product or service.

Disclaimer of Warranties and Liability

Information offered on this Site is provided “as is” without any express or implied warranty of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event will iv3® be liable to any party for any damages of any kind, including but not limited to direct, indirect, special or consequential damages for any use of this Site or any linked site including, without limitation, lost profits, loss of use, business interruption, loss of programs or other data, whether in an action based on contract, negligence or other tortuous action, even if iv3® is expressly advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of warranties or damages in certain types of agreements, so the above exclusions or limitations may not apply to you. In no event will iv3® warrant or guaranty the correctness, comprehensiveness, completeness, accuracy, timeliness, merchantability or fitness for any particular use or purpose of any information or any products or services featured on this Site.

Confidentiality

Comments, suggestions, ideas or materials (including without limitation original or creative materials) sent or transmitted to iv3® (collectively “Feedback”) shall be deemed to be non-confidential and shall become the sole property of iv3®. Subject to the conditions described on the privacy page of this Site, iv3® shall have no obligation of any kind with respect to such Feedback and shall be free to use, copy, modify and/or distribute the Feedback to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Feedback.

Trademark Rights

iv3®, the iv3® Logo and the iv3® product and service names referenced in this Site (“IV3® Marks”) are trademarks and service marks or registered trademarks and service marks of iv3®. Your use of the iv3® Marks is governed by the iv3® Third-Party Trademark and Logo Usage Requirements. Other products and company names mentioned on the Site may be the trademarks of their respective owners.

Copyright Information

Copyright Notice: © 2009 iv3 SOLUTIONS® Corporation. All Rights Reserved. Please refer to the iv3® Copyright Usage Requirements for additional information concerning copyrights.

Linking Policy

You are granted a limited, non-exclusive right to create a hypertext link to this Site provided that such link (i) does not portray iv3® and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner; and (ii) does not imply any sponsorship, approval, endorsement or affiliation of your web site or products by iv3®. This limited linking right may be revoked at any time. You may not modify or alter the appearance or content of the home page or Site, or use framing techniques to enclose any iv3® trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without iv3®’s express written consent. To obtain consent, please email your request to
support@iv3solutions.com

iv3® makes no representations, warranties or endorsements with respect to any non-iv3® web site which may be accessed from this Site. When you access a non-iv3® web site, please understand that iv3® has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.

Special Admonition for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Jurisdictional Issues

This Site is controlled and operated by iv3® through its corporate headquarters within the Province of Ontario and this Agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, as it is applied to agreements entered into and to be performed entirely within such Province. You agree that any legal action or proceeding between iv3® and you for any purpose concerning this Site or the parties’ obligations hereunder shall be brought exclusively in the Province of Ontario.

Indemnification

You agree to indemnify, defend and hold harmless iv3®, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

Miscellaneous

This Site is for informational purposes only and is not intended to provide any financial, legal, or investment advice.

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions hereof. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these Terms of Use to be invalid or unenforceable, such findings shall have no effect on any other part or provision of these Terms of Use.

Any action against iv3® must be brought within six (6) months after the cause of action arises. iv3® is not responsible for delay or failure to perform due to causes beyond its reasonable control.

Any rights not expressly granted herein are reserved.

Trademark Requirements

iv3® Third-Party Trademark and Logo Usage Requirements

These Trademark and Logo Usage Requirements (“Usage Requirements”) set forth IV3 SOLUTIONS® Corporation’s rules for third parties using or referring to iv3®’s brand names, trademarks, service marks, product and service names, logos, and slogans (collectively referred to as “iv3® Marks”). They apply to all non-iv3® parties using or making reference to IV3® Marks unless a separate license agreement applies. Other requirements apply to iv3® licensees and are set forth in a specific license agreement.

General

IV3®’s Marks are IV3® intellectual property and are important and valuable assets of the company. Any use of IV3® Marks that is inconsistent with these Usage Requirements, or other unauthorized use of IV3® Marks or marks that are confusingly similar to iv3® Marks, may violate iv3®’s legal rights. iv3® appreciates your compliance with these Usage Requirements and will take steps to protect the iv3® Marks against improper use and infringement. IV3® reserves the right to object to any use of iv3® Marks (or anything confusingly similar to a iv3® Mark) that iv3® deems to be unlawful under the circumstances, even if that use is not expressly prohibited by these Usage Requirements.

Fair Use of iv3® Marks

You may refer to iv3® products and services by their appropriate iv3® Mark (other than logos and stylized marks), so long as such references (a) are truthful, fair, and not misleading, and (b) comply with these Usage Requirements.

iv3® Logos and Stylized Marks

You should never use IV3® logos or stylizations of IV3® Marks unless you have a license agreement or other explicit written permission from IV3® to do so.

Proper Use of Trademark Symbols

Always use the proper trademark symbol (TM, sm, or ®) immediately following at least the first reference to the trademark on any page.

The exception to the above rule is when the “iv3®” name is used as our company name, as opposed to an identifier of one of our products or services. In this case you should not use the ® symbol.

Note the correct spelling of “iv3″ (not IV3).

Examples of Correct Uses of Some iv3® Marks

The following examples illustrate the correct use of (TM), (sm), or ® and the use of the trademark as an adjective with the correct generic noun or phrase:

iv3® products and services

Check the list of iv3® trademarks below to verify how the iv3® Marks should appear.

Acknowledgment of Trademark Rights

Assuming your use of a iv3® trademark is permitted, you should always acknowledge that iv3 SOLUTIONS® Corporation owns the trademark. If it is not clear from the context of the use of the iv3® Mark, you should include a separate acknowledgment. The acknowledgment should appear in legible type in any materials in which a iv3® Mark appears. The following language is acceptable:

“IV3® and [Insert IV3® Marks used] are trademarks and/or registered trademarks of IV3 SOLUTIONS® Corporation.”

Materials that mention IV3® only:

“iv3® is a registered trademark of iv3 SOLUTIONS® Corporation.”

Remember that the inclusion of a trademark symbol and acknowledgment does not turn an improper use of a iv3® Mark into a proper use or entitle you to use any iv3® Mark in a way prohibited by law or otherwise not allowed under these Usage Requirements.

Prohibitions

  • Do not use any iv3® Mark, and do not adopt a “look and feel” with respect to any publication or Web site, in a way that might cause confusion about the relationship between iv3® and any other party or any non-IV3® product or service (e.g., as to source, origin, sponsorship, or endorsement).
  • Do not incorporate any iv3® Mark into your own product names, service names, trademarks, logos, or company names, and do not adopt marks or logos that are confusingly similar to any iv3® Marks.
  • Do not use or reproduce any IV3® logos unless you have explicit written permission to do so.
  • Do not use any iv3® Marks as a meta tag for your web pages.
  • Do not use any iv3® Mark or any confusingly similar words as your domain names or as parts of your domain names.

Do not use any iv3® Mark or any confusingly similar words as the alphabetic equivalent of a phone number.

  • Do not use iv3® Marks as Internet search “keywords” or in any other way that is intended to or has the effect of directing traffic to a non-IV3® Web site.
  • Do not state or imply that you have or are claiming rights in any iv3® Mark.
  • Do not use iv3® Marks in any improper way that would disparage iv3 SOLUTIONS® Corporation, its subsidiaries, its products, or its services (i.e., unfair competition, false or misleading, etc.).

Questions

Any questions regarding these Usage Requirements should be directed to
support@iv3solutions.com

Version and Right to Make Changes

These Trademark and Logo Usage Requirements were originally posted on March 1, 2009. iv3® reserves the right to change these Usage Requirements at any time by posting a revised version on this Web site.

iv3® Trademarks in the United States and/or Other Countries
iv3® (words and logo)
iv3® Values™
iv3® (tagline)
iv3 SOLUTIONS®
iv3 LOSS CONTROL SOLUTIONS®
PropertyIntel™;
Questions about iv3® trademarks and their usage may be referred to
support@iv3solutions.com

Copyright Requirements

iv3® Copyright Usage Requirements

The following requirements apply to all content contained on the Web site having the primary URL of www.iv3solutions.com (referred to below as the “iv3® Site”):

Everything that appears on the iv3® Web Site, including articles, graphics, photographs, and other information, individually and as a collective whole (all of which is referred to as the “Content”), as well as the “look and feel” of the iv3® Web Site, is protected under the copyright laws of Canada and the United States and applicable international copyright laws and treaties. No display, copying, modification, publication, performance, reverse engineering, or redistribution of the Content by any method is permitted except as provided in these Usage Requirements.

The copyrights in the Content are owned by iv3 SOLUTIONS® Corporation (“iv3®”) or by third parties who have licensed their materials to iv3®. These third-party materials are also copyrighted, and no copying or redistribution is permitted without the express written permission of iv3® and the third party.

The following applies to all iv3® materials on the iv3® Web Site:

Limited License to Copyrighted iv3® Materials Individual Use:

  • Except for Content identified as being licensed from a third party, you may download, store, print, and copy selected portions of the Content for your own personal, non-commercial use, provided that:
  • You do not modify or alter the Content in any way.
  • You do not delete or modify any copyright or trademark notices.
  • You do not publish or post any part of the Content on any other Internet site.
  • You do not display, publish, or broadcast any part of the Content in or on any other media.
  • You do not sell or charge others for the use of any materials you print or download.

Fair Use and Use for Educational Purposes:

iv3® does allow “fair use” of limited portions of the iv3® Content for quotations, references, research, etc., as allowed by applicable law.

Any use described in the foregoing paragraph must be complete, accurate, and not misleading, and must not delete or modify any copyright or trademark notices. Any publication or display of Content must clearly disclose that the Content is the copyrighted property of iv3® and that additional information can be found at www.iv3solutions.com.

An example of an appropriate disclosure notice is:

“This information is provided by iv3 SOLUTIONS® Corporation, and is used with permission. Copyright © iv3 SOLUTIONS® Corporation. All rights reserved. Further use, reproduction, or distribution is governed by the iv3® Copyright Usage Requirements, which can be found at www.iv3solutions.com.”

Journalists

For more information on IV3®, including media contact information, please refer to the “News” section of www.iv3solutions.com.

Commercial Use:

In general, use of Content for commercial purposes is prohibited. For example, without iv3®’s express written permission, you may not:

  • Use any Content for commercial purposes to sell, market, or promote any product or service that competes, directly or indirectly, with any product or service offered by iv3® through the iv3® Web Site or otherwise;
  • Use or refer to any Content in any way that expresses or implies any sponsorship or endorsement by iv3® or is otherwise likely to mislead consumers into thinking that any third-party Web sites, materials, products, or services are provided, created, sponsored, or endorsed by or affiliated with iv3®.

 

Affiliates

Affiliate Partners of iv3® may obtain consent to use portions of our Content. Please see Reprint or Reuse Permission below for instructions.

Limitations and Termination

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, create derivative works from, update, abridge or in any other way transform or adapt all or any part of the Content without first obtaining written permission from iv3®. Any rights not expressly granted herein are reserved. No license is granted to any HTML or other code incorporated into the iv3® Web Site.

Any license granted hereunder does not allow you to misstate or mischaracterize the Content or any position taken by iv3®, including reproducing portions of the Content out of context in a way that is likely to be misleading to any person.

Any license granted under these Usage Requirements will terminate automatically if you breach any of these Usage Requirements.

Reprint or Reuse Permission

If you would like to use materials published on the iv3® Web Site in ways not authorized by this limited license, you must first obtain written permission from iv3®. Contact us at
support@iv3solutions.com

Version and Right to Make Changes

These Copyright Usage Requirements were posted on March 1, 2009. iv3® reserves the right to change these Usage Requirements at any time by posting a revised version on the iv3® Web Site.