Last Updated September 15, 2017
This website (“Site”) is owned and operated by Ipvisibility Corporation (“IPVC”). The use of this Site, mobile applications, charts, video, graphs, images, reports, ratings, opinions, other materials, tools, products, services, publications and information (collectively “Materials”) is subject to the terms and conditions set out below. The information and Materials provided herein is owned by or licensed to IPVC. By using these Materials collectively (“We/Us”), you, your principal, employer, its employees, agents or end client, as applicable, (“You”) agree to be bound by the following terms and conditions, and as amended periodically (“Terms”).

If You do not agree with the following Terms do not use these Materials or Site. We reserve the right to update and change the Terms by posting updates and changes to the Site without notice to You.

General Terms and Conditions:

  1. You understand and agree that it is your responsibility to review the Terms.
  2. IPVC grants You a non-exclusive, non-transferable, limited license to access and use the Site and the Materials only for non-commercial use, except where the applicable fees have been paid.
  3. The Materials may not be used or disseminated in a manner that would serve as a substitute for any IPVC product or service for which a fee is charged.
  4. The Materials may not be complied into a database nor systematically distributed, distributed, shared, modified or reverse engineered in any form by any means without IPVC’s prior written consent.
  5. Your use of the Materials is at your sole risk. The Materials are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory, save and except for the source of the data and IPVC’s proprietary source codes and algorithms.
  6. IPVC has obtained information from government and regulatory sources it believes to be reliable. IPVC undertakes no duty of due diligence or independent verification of any information it receives from government and regulatory data sources.
  7. IPVC reserves the right to disseminate its Materials.
  8. Analyses, including ratings, scores, and statements in the Materials are statements of opinion. Ratings, scores and opinions are not recommendations nor endorsements to engage intellectual property counsel or in a transaction. The Materials does not endorse or recommend the suitability of any intellectual property counsel or a transaction for a particular purpose. Ratings, scores and opinions are based on past activities and as such they are not assurances nor predications about future events that by their nature cannot be verified as facts. As a result, ratings, scores and opinions can be affected by future events or conditions that were not or cannot be anticipated at the time of issuance.
  9. IPVC assumes no obligation to update the Materials following publication in any form or format. The Materials should not be relied on in a legal opinion, proof of suitability or competence and is not a substitute for the skill, judgment and experience of any person.
  10. You understand and agree that We rely on the accuracy of information as provided by government records, and cannot guarantee that the government’s records are completely accurate and up-to-date.
  11. As We rely on various technologies including government and regulatory data sources, provisioning systems, Microsoft Azure and Amazon Web Services, and the underlying network infrastructure, We do not warrant that the access to the Materials or Site will be uninterrupted. Therefore, We cannot be held responsible for the failure of any of these or similar systems.
  12. You agree to provide your correct name, email address, municipal address, phone number and understand that it is your responsibility to keep your contact information up to date and safe.
  13. You agree not to have more than one account for the purposes of securing trial usages.
  14. You understand and agree that We may auto-publish and remind You of activities by electronic means but are under no obligation to do so.

Jurisdiction

  1. You understand and agree that IPVC, the Materials, and this Site are located in Canada and fall under Canadian law.
  2. You understand and agree that all your rights and obligations, any interpretation or legal action or proceeding that may arise is subject to the jurisdiction and venue of Ontario Courts. This shall be at the exclusion of any conflict of interest rules or the terms of U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving the Materials or Site.
  3. You agree that if there is any dispute herein with Us, You will be bound by binding arbitration under Ontario Law and attorn to an Ontario venue and jurisdiction.

Limitation of Liability:

  1. You expressly understand and agree that We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of, or inability to use, the Materials or Site. We make no warranties, express or implied with respect to the merchantability, quality, non-infringement or fitness for a particular purpose of the Materials or Site; or its completeness or accuracy except to the extent they are provided by the government and regulatory data sources.
  2. In no event shall We be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Materials or Site or this agreement (however arising including negligence). You agree to indemnify and hold Us and (as applicable) our parent, subsidiaries, affiliates, IPVC partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Miscellaneous

  1. The failure of IPVC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
  2. The Terms set out in the Site constitute the entire agreement between You and Us and govern your use of the Materials and Site, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms).

Payment of Fees

  1. You are responsible for fees incurred using your account, and you should protect your login credentials accordingly. You may request that We temporarily deactivate your account.
  2. All fees are exclusive of all applicable Canadian taxes (“Taxes”). If You have a Canadian address, Taxes are based on the rates applicable to the Canadian billing address You provided to Us. Such amounts are in addition to payment for the Materials and will be billed to your account. If You provide Us with an address that is outside of Canada, You will not be charged for Taxes.
  3. To compensate for currency conversion costs including exchange rate fluctuations, We charge a minimal foreign exchange fee above the daily exchange rate when calculating fees in other currencies.

Cancellation and Termination:

  1. You may cancel your account at any time by emailing info@ipvisibility.com
  2. We reserve the right to refuse, modify or terminate access to the Materials or Site to anyone for any reason and without notice at any time.
  3. Without limiting any other remedies, We may suspend or terminate your account if We suspect that You have engaged in fraudulent activity in connection with the Materials or Site.

Modifications to the Materials and Prices

  1. Prices to access and use these Materials are subject to change without notice from Us. Such notice, if provided, may be at any time by posting the changes to the Site.
  2. We reserve the right at any time to modify or discontinue, the Materials (or any part thereof) with or without notice.
  3. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Materials.

Acknowledgement of Intellectual Property Rights

  1. You recognize and acknowledge the validity and ownership of IPVC's intellectual property rights and all of the goodwill associated therewith.
  2. You undertake not to oppose or challenge any of IPVC's intellectual property rights.
  3. You grant Us a limited, worldwide, royalty-free license to reproduce and use your company or organizational name, logos and trademark in advertising or promotional materials for the Materials for the purpose of referring to You as an IPVC customer.
  4. We do not claim any intellectual property rights over the material You provide to IPVC. All material You upload remains yours. Specifically, You retain exclusive ownership over all data you provide to Us.

Acknowledgement of Confidentiality

  1. Confidential information includes any materials or information provided by You to Us which is not publicly known, data results, opinions, or requests made by You to Us and provided by Us to You solely for the purpose of using the Materials or Site.
  2. Confidential information includes the Materials, data, structure, organization and arrangement of data and source code.
  3. Confidential information does not include information that: (a) was in the public domain at the time We received it; (b) comes into the public domain after We received it through no fault of IPVC; (c) We received from someone other than You without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  4. You understand that information and materials that may be disclosed or made available to You by Us in connection with these Materials, the Site and its features, layout and benefits constitute confidential information and is proprietary.
  5. We will not disclose your confidential information to third parties, except as required by law or with your consent.

Data Security

  1. Together with the Microsoft Azure Cloud and Amazon Web Services, We use Secure Sockets Layer (SSL) encryption on web pages where information is collected. To use specific pages of the Materials and the Site you must use an SSL-enabled browser such as Safari, Chrome, Firefox or Internet Explorer. Doing so protects the confidentiality of your information during transmission.
  2. All accounts are password protected. You agree not to reveal your account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify Us of any security breach of your account. We will not be responsible for any losses arising out of the unauthorized use of your account.