InnPower Corporation reserves the right to make changes to these terms from time to time. Any changes that are made will be effective when a revised version of these terms is posted on this Website and indicated by the “Last Updated” date. Your continued use of this Website following the posted changes of terms will indicate that you agree to the changes.
Last Updated: November 10, 2022
By using this Website in any manner whatsoever, you agree that:
DISCLAIMER AND LIMITATION OF LIABILITY
1. The materials in this Website are provided "as is" and without any express or implied warranties of any kind. To the fullest extent permissible pursuant to applicable law, InnPower Corporation disclaims warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or use. InnPower Corporation does not warrant that any of the functions or the materials on this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components. InnPower Corporation does not warrant or make any representations of any kind regarding the use or the results of the use of the materials in this Website in terms of their correctness, completeness, accuracy, reliability, effectiveness, timeliness, or otherwise. You, and not InnPower Corporation, assume all of the risks associated with using this Website.
2. IN NO EVENT SHALL INNPOWER CORPORATION BE LIABLE TO YOU OR ANY OTHER PARTY IN RELATION TO OR AS A CONSEQUENCE OF USE OF THIS SITE UNDER ANY CIRCUMSTANCES WHATSOEVER FOR ANY LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION LOSSES, LOSS OF CONTRACT, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITY, DELAY, LOSS OF GOODWILL, LOSS OF DATA, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND INCLUDING BUT NOT LIMITED TO PUNITIVE OR EXEMPLARY DAMAGES, WHETHER SAID LIABILITY, LOSS, OR DAMAGES ARISE IN CONTRACT OR TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF INNPOWER CORPORATION WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL INNPOWER CORPORATION'S TOTAL LIABILITY TO YOU (OR ANYONE ELSE CLAIMING THROUGH YOU) FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT SPECIFICALLY PAID BY YOU TO INNPOWER CORPORATION, IF ANY, FOR THE PURPOSE OF ACCESSING THIS WEB SITE.
3. This disclaimer and limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any aspect of this Website, under any legal theory or cause of action.
THIRD PARTY LINKS AND COOKIES
5. This Website may contain links to other third party services and resources for informational purposes only. InnPower Corporation is not responsible for such third party services and resources, nor does InnPower Corporation approve or endorse such third parties or their services or resources.
ACCOUNT AND PASSWORD SECURITY
6. Some parts of this Website may require you to enter a password and account designation upon completion of a registration process. InnPower Corporation will ensure your password and account information is protected through our physical, organizational and technological safety measures. However, you are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your password and account. You agree to notify InnPower Corporation immediately of any unauthorized use of your password or account or any other breach of security. You must also notify InnPower Corporation and inform us of any relevant changes to your account in order for us to maintain accurate, complete and up-to-date account information. InnPower Corporation will not be liable for any loss or damage that you may suffer as a result of someone else using your password or account.
COPYRIGHT / PROPRIETARY RIGHTS
7. No material from any Website owned, operated, licensed or controlled by InnPower Corporation may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of InnPower Corporation's copyright and other proprietary rights.
GOVERNING LAW AND JURISDICTION
8. This Website and all disputes or other matters arising out of it or use thereof shall be governed by the laws of the province of Ontario and dealt with by a court of competent jurisdiction in the Province of Ontario or such other location as the parties may expressly agree to. You specifically agree that if InnPower Corporation should prevail in any legal proceedings, you shall pay all of InnPower Corporation's costs, including reasonable fees for in-house and outside counsel.