TERMS AND CONDITIONS

ACCEPTANCE OF TERMS AND CONDITIONS

The following terms and conditions of this User Agreement (the “Terms and Conditions”) govern the agreement between you and Intelliwave Technologies Inc. and its subsidiaries and affiliates’ (hereinafter the “Company”, “we” or “us”, as applicable) with respect to your use of this website. Please read the Terms and Conditions carefully. By using this website, you are agreeing to the Terms and Conditions and are bound by them. If you do not agree with these Terms and Conditions, do not access or use the website. If you have entered into another agreement with us concerning other services or the Software (as defined below) provided by us, then the terms of that agreement is paramount and supersedes these Terms and Conditions in the case of any inconsistency.

CHANGES TO THE TERMS OF USE

We reserve the right, in our sole discretion, to revise these Terms and Conditions by posting updates and revisions at any time. You are responsible for reviewing the Terms and Conditions each time you use this website in order to ensure your compliance with them.

SPECIFIC INFORMATION REGARDING SOFTWARE

Any and all software that we have made available to download from this website (the “Software”) is the Company or its suppliers/licensors’ copyrighted work. Your use of the Software is governed by the terms of the license agreement which has been provided by us with the Software (the “Software License Agreement”). You are prohibited from installing or downloading any Software that is accompanied by or includes a Software License Agreement unless you agree with the terms and conditions to the Software License Agreement. We have made available the Software solely for use by you according to the Software License Agreement. Any reproduction or redistribution of the Software not in accordance with the Software License Agreement is expressly prohibited.

COPYRIGHT AND INTELLECTUAL PROPERTY

All names, logos, trademarks, photographs, text and material appearing on this website, except as otherwise noted, are the property of the Company or have been licensed to us by the owner(s) of said material. This material is protected by copyrights and/or other intellectual property rights of the Company or its licensors. None of the photographs, text or other copyright protected material used in this website may be used by anyone in any form without the express written consent of the Company, except to the extent permitted under applicable laws. None of the Company’s logos, designs, trademarks or images used anywhere in this website may be used without the express written consent of the Company. Breach of these Terms and Conditions may violate copyright, trademark and other applicable intellectual property laws. If you are found to be in breach, your right to use this website will cease immediately and you must return or destroy any copies of the materials you have made. No right, title or interest in or to the content of this website is transferred to you. All rights are reserved by the Company.

INDEMNIFICATION AND DISCLAIMER OF LIABILITY

ALTHOUGH WE MAKE EVERY ATTEMPT TO ENSURE THAT ONLY ACCURATE AND UP TO DATE INFORMATION IS CONTAINED IN THIS WEBSITE, WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY OF THE INFORMATION PROVIDED IN CONNECTION WITH THIS WEBSITE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NONINFRINGEMENT, THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THIS WEBSITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE. ALL MATERIAL PROVIDED IN CONNECTION WITH THIS WEBSITE IS PRESENTED “AS IS” AND BY USING THIS WEBSITE YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS FROM AND AGAINST ANY CLAIM, LOSS, LIABILITY, COST AND ANY EXPENSES (INCLUDING LEGAL EXPENSES) INCURRED IN CONNECTION WITH YOUR ACCESS OR USE OF THIS WEBSITE IN ANY MANNER WHATSOEVER OR BREACH OF THESE TERMS AND CONDITIONS. RELIANCE ON THE INFORMATION PROVIDED HEREIN SHALL BE AT YOUR OWN RISK. THE COMPANY ASSUMES NO LIABILITY FOR ANY DAMAGES, LOSSES, LIABILITY, COSTS OR ANY EXPENSES (INCLUDING LEGAL EXPENSES) WHATSOEVER, WHETHER DIRECTLY OR INDIRECTLY INCURRED, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR USE) RELATED TO THE USE OF THIS WEBSITE OR LINKS TO THIRD PARTY WEBSITES, INCLUDING: ACTIONS OR CHOICES MADE BY RELIANCE ON ANY INFORMATION CONTAINED IN THIS WEBSITE; ANY INACCURACIES, INCONSISTENCIES OR ERRORS CONTAINED IN THIS WEBSITE; LOSS OR DISCLOSURE OF YOUR PERSONAL INFORMATION; COMPUTER VIRUSES OR TRANSMISSION AND OPERATIONAL ISSUES RELATED TO ACCESS TO OR USE THIS WEBSITE; THE UNAUTHORIZED USE OF, OR REPRODUCTION OF, INFORMATION FROM THIS WEBSITE; AND THIRD PARTY INFORMATION, PRODUCTS, SERVICES OR ADVICE ON OR OTHERWISE LINKED TO THIS WEBSITE.

PROHIBITED USES

You may use this website in accordance with these Terms and Conditions and only for lawful use. By using this website, you agree not to use it to: breach or attempt to breach the security of this website or our servers; violate any applicable federal, provincial, municipal or international law; violate the legal rights (including the rights of publicity and privacy) of others; send, knowingly receive, upload, download, use or re-use any material which may Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person, transmit or procure any advertising or promotional material without our prior written consent or give the impression that such material is transmitted on our behalf or endorsed by us, if this is not the case; and use this website in any manner that could disable, damage, or impair this website including the introduction of material that is malicious or technologically harmful.

WAIVER AND SEVERABILITY

No waiver by the Company of any of the Terms and Conditions shall be deemed a further or continuing waiver of said term or condition or a waiver of any other term or condition. Failure of the Company to assert a right or provision under these Terms and Conditions does not constitute a waiver of such right or provision. If any provision of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, the remaining provisions will continue in full force and effect.

LINKS

This website may contain links to connect with other third party websites that are not controlled by or associated with the Company. The Company does not make any representations or warranties concerning the privacy practices or terms of use of third party websites, nor are we responsible for the third party websites and content therein. The inclusion of such link in this website to third party websites does not imply any endorsement by the Company of the third party website, the information on the third party website or of the website’s provider. It is your responsibility to review and adhere to the terms and conditions of all third party websites that you may access via this website. Your use of third party websites is at your own risk.

PRIVACY AND CONFIDENTIALITY

Our Privacy Statement shall apply to your use of this website and can be found here.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed and interpreted by the laws of the Province of Alberta and the laws of Canada applicable therein. Should a dispute arise in relation to use of this website, such dispute shall be attorned to the jurisdiction of the courts of Alberta, provided, however, that we reserve the right to take proceedings in any court of competent jurisdiction.