Terms and Conditions

Terms and Conditions

ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. USING THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS (COLLECTIVELY, THESE “TERMS”). IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS SITE.

1. Introduction: Introduction: The following Terms of Use apply to any visitor or user (hereinafter referred to as “You”) of the website located at www.inpho.io, as well as any websites that are provided by, owned, or operated by ElectroPhotonic- IC Inc. and its subsidiaries and affiliates, (singularly and collective “Inpho”) (all websites are singularly and collectively referred to as the “Site”). The Site is for informational purposes only. By using the Site or downloading materials from the Site, you agree to abide by these Terms of Use, the Privacy Policy, and the Cookie Policy, all of which may be accessed here. If you do not agree to abide by these Terms of Use and the Privacy Policy, you are prohibited from using or interacting with the Site.

2. Limited License: The Site and its contents, including but not limited to information, layout, presentation, documents, and any other information found on the Site (collectively referred to as “Content”) are copyrighted and protected by worldwide copyright and other intellectual property laws. You agree to comply with all copyright laws and other intellectual property laws worldwide in your use of this Site. Except as expressly provided herein, Inpho does not grant any express or implied right or license to you under any patents, trademarks, copyrights, trade secrets, or other intellectual property and retains all rights related thereto. Subject to these Terms of Use, Inpho grants you a non-exclusive, non-transferable, indivisible, limited license to access, use, and display this Site and its Contents for your personal, noncommercial use.

4. Disclaimer: THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, AND ALL WARRANTIES ARE EXCLUDED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. INPHO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION, IT SHALL BE AT YOUR SOLE RISK. INPHO RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT OBLIGATION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. INPHO MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND PRODUCTS, PROGRAMS, SERVICES, OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

5. Third Party Websites & Content: This Site may contain links to websites operated by other entities or third party content that are not under the control of Inpho. If you use the third party websites or third party content, you may leave this Site. If you decide to visit any linked website or third party content, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Inpho makes no warranty, representation, or endorsement of or regarding any linked website or the information appearing thereon or any of the products or services described thereon. Inpho’S inclusion of third party website links or third party content on the Site does not constitute, and shall not be construed to constitute, Inpho’S endorsement, authorization of, sponsorship of, or relationship with any third party website or third party content. Furthermore, the inclusion of third party website links or third party content does not constitute, and shall not be construed to constitute, a representation that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of Inpho or any of its affiliates or subsidiaries. You agree to defend and hold Inpho harmless from any and all liability that may result from your use or reliance upon third party websites or third party content.

6. External Links to the Site: Creating external links to this Site is prohibited without the express, written permission from an authorized representative of Inpho. Written authorization to create external links to this Site is at the sole discretion of Inpho.

7. Restrictions: You are prohibited from submitting any information to the Site that is false, misleading, or inaccurate as further described below in Section 7: Information Provided by You.

a. Automated Means of Use: In addition, you are prohibited from using any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic or automated device, program, algorithm, methodology, or similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or its Content. This applies to the reproduction, acquisition, or presentation of the Contents.

b. Interruption & Unauthorized Access: You agree not to interrupt or attempt to interrupt the operations of the Site in any way, or gain unauthorized access to the Sites features, systems, programs, networks, Contents, or other related items that are connected, displayed, or used in connection with this Site. Such prohibited conduct includes but is not limited to “hacking,” password “mining,” breach the security of the Site, test the vulnerability of the Site, impose an unreasonable or disproportionately large load of traffic or data on the infrastructure of the Site or Inpho’S networks or systems, or other activities or means to interrupt or gain unauthorized access to the Site.

c. Export & Trade Controls: You agree not to import, export, re-export, or transfer, whether directly or indirectly, any part of this Site or any information provided herein in violation of all Canadian, foreign, or other applicable laws and regulations.

8. Information Provided by You:

a. Consent for Use of Information: By using this Site, you consent to Inpho’S use of information relating to your use of the Site, and all information you submit through this Site. Information obtained is governed by the Site’s Terms of Use, Privacy Policy, and Cookie Policies, all of which may be accessed here.

b. Confidential or Proprietary Information: Inpho requires that you do not send confidential or proprietary information to Inpho via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to Inpho via the Site are not confidential or proprietary. If you send confidential or proprietary information to Inpho via the Site, you agree to indemnify, defend, and hold harmless Inpho from and against any and all claims, suits, damages, costs, and other expenses (including attorneys’ fees) that arise directly or indirectly from you sending the information, as further explained below in Section 9.

c. Accuracy of Information: You represent and warrant that any information you have provided to Inpho through the Site is true, accurate, current, and complete.

d. License to Use: By providing any information or materials to Inpho through the Site, whether or not it is confidential or proprietary, you grant to Inpho an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information and materials, and you further agree that Inpho is free to use any idea, concepts, or know-how that you or individuals acting on your behalf provide to Inpho.

e. Appropriate Content & Submissions: You are prohibited from submitting information or materials to Inpho that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. You warrant that you will not submit such information by your use of this Site.

f. Cookies: The Company may use a technology called “cookies,” which help us provide you with tailored information. A “cookie” is a set of data that a website server stores on your computer which enables websites to recognize your computer and to store your entries as you move from page to page. Cookies also track how often you visit a specific website from the same computer. For more information, please see InphoS complete Privacy Policy.

9. Data Protection: Inpho is committed to protecting personal data of all persons with whom we interact. Inpho has taken both technical and organizational measures to ensure that the personal data the Company processes is reasonably protected. For more information about data protection policies and procedures, please consult Inpho’s Privacy Policy located.

10. Indemnity: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS INPHO, ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, SUPPLIERS, AND ANY OTHER PARTY INVOLVED IN THE DEVELOPMENT OR MAINTENANCE OF THIS SITE AND ITS CONTENTS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, COSTS, AND OTHER EXPENSES (INCLUDING ATTORNEYS’ FEES) THAT ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE, YOUR USE OF THE CONTENTS OF THIS SITE, YOUR BREACH OF THESE TERMS OF USE, OR YOUR SUBMISSIONS OR POSTINGS THROUGH THIS SITE.

11. Limitations of Liability: IN NO EVENT SHALL INPHO OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA, THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF INPHO IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Changes: Inpho reserves the right, in its sole discretion, to change, modify, add, or remove any portion of these Terms of Use in whole or in part, at any time with or without advance notice. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes. Inpho may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of the Site, at any time with or without advance notice. Inpho may restrict your access to parts or all of the Site with or without advance notice or liability. Inpho may terminate the authorization, rights, and license given above.

13. Governing Law: These Terms are governed by, and interpreted in accordance with, the laws of the Province of Ontario and the laws of Canada applicable therein, excluding conflicts and choice of law provisions.

Entire Agreement: These Terms of Use constitute the entire agreement between Inpho and you with respect to your use of this Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions, and the remaining provisions of the Terms of Use shall continue in full force and effect.