TERMS OF USE OF THE WEBSITE

These terms and conditions of use (the “ Conditions d’utilisation ”) apply to the use of the website of Mr. Louis Martineau, doing business under the name Martineau IP (“ Martineau IP ", " we ", " us " or " our ") located at www.martineauip.ca (the " Site "). The Site is the property of Martineau IP and its licensors. The Terms of Use constitute a legal agreement between you and Martineau IP regarding access to and use of the Site.

    1. General information

      Martineau IP is dedicated to providing you with professional intellectual property services. It is composed of patent and trademark agents certified by the Canadian Intellectual Property Office and the United States Patent and Trademark Office. It represents its clients internationally through a network of foreign correspondents established over several decades.

      2. Acceptance of Terms of Use and Modifications

        BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

        Martineau IP reserves the right, at any time and at its sole discretion, to change, modify, add, or remove portions of the Terms of Use. It is your responsibility to periodically review the Terms of Use to see if any changes have been made. Your continued use of the Site after any changes are posted will mean that you accept those changes. As long as you comply with these Terms of Use, Martineau IP grants you a limited, personal, non-exclusive, and non-transferable right to access the Site and use the services offered therein.

        3. Intellectual Property

          All images, graphics, interfaces, trademarks, logos, text, and software incorporated into the Site (collectively, the “ Content ”), including the design, structure, layout, and manner in which the Content is presented, are the property of Martineau IP, its affiliates, and/or its licensors and are protected by Canadian and foreign intellectual property laws, including copyright laws. Martineau IP grants you a limited, personal, non-exclusive, and non-transferable license to access the Site and the Content on your computer or other electronic device solely for the purpose of viewing on a screen and reproducing, in one copy, for backup or hard copy purposes, provided that you do not modify the Content and that you retain the copyright notices.

          Except as expressly stated in these Terms of Use, you may not distribute, download, modify, reproduce, broadcast, edit, create derivative works, display, reuse, sell, or exploit all or part of the Content in any way by any online, electronic, or physical means without the express prior written permission of Martineau IP.

          4. Protection of your personal information

            Certain information such as your first and last name, address, and email address (collectively, “ Personal Information ”) may be requested from you. This Personal Information will only be used for the purposes described on the Site or for any other purpose authorized by a law of the Province of Quebec or a Canadian law applicable in that province. You have the right, at any time, to request that this Personal Information be removed from Martineau IP's databases by sending a notice to that effect by email to the following address: info@martineauip.ca. However, any unsolicited documentation or information that includes your professional contact details or that is sent to Martineau IP will be deemed non-confidential and may be used, reproduced, displayed, performed, modified, transmitted, and distributed by Martineau IP for any purpose permitted by law.

            Martineau IP protects your Personal Information within the framework defined by its Privacy Policy (the “ Policy ”). Martineau IP's Policy applies to the use of the Site, and its content is incorporated into these Terms of Use by this reference. You can view the Policy available on the Site at the following address: https://martineauip.ca/en/privacy-policy/.

            5. Links to Other Sites

              The Site may contain links to other independent third-party websites (the “ Third-Party Sites ”). These Third-Party Sites, which are provided for your convenience only, are not under our control, and Martineau IP is not responsible for and does not endorse their content, including the information contained therein. You should exercise discretion in your interactions with these Third-Party Sites. These Third-Party Sites are governed by their own terms of use and privacy policies and may collect your Personal Information.

              These Terms of Use do not apply to the practices of third parties, and Martineau IP assumes no responsibility for your use of these third-party sites or your access to third-party sites through the Site. By using our Site or accessing third-party Sites through our Site, you release Martineau IP from any liability for the actions, practices, and omissions of these third parties. Please consult the policy of each third-party Site you visit.

              6. Links to the Site

                Martineau IP encourages hyperlinks to the Site. However, we do not wish to be linked to any third-party site that (i) contains content that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, provincial, national, or international law or regulation, state, provincial, national, or international law, which is likely to harm or damage the activities, credibility, or integrity of Martineau IP, or which contains, displays, or transmits any material or information that exceeds the moral and/or legal standards of Canadian society; or ii) that contains, displays, or transmits any information, software, or other material that violates or infringes on the rights of others, including material that constitutes an invasion of privacy or rights of publicity, or that is protected by copyright, trademark, or other proprietary rights. Martineau IP reserves the right to prohibit or refuse to accept a hyperlink to the Site at any time at its sole discretion. You agree to remove any hyperlink you may have to the Site upon request by Martineau IP.

                7. Limitation of warranty and liability

                  THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU BROWSE AND USE THE SITE AT YOUR OWN RISK. MARTINEAU IP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE AND ITS CONTENT, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING i) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; ii) THE SITE WILL OPERATE SECURELY AND WITHOUT INTERRUPTION OR ERROR; iii) THE FACT THAT USE OF THE SITE WILL MEET YOUR NEEDS AND EXPECTATIONS; iv) THE ACCURACY, COMPLETENESS, RELIABILITY, OR RELEVANCE OF THE SITE AND THE CONTENT; v) THE CORRECTION OF DEFECTS OR ERRORS IN THE SITE; vi) THE ABSENCE OF VIRUSES OR DAMAGING ELEMENTS IN THE SITE; AND vii) THE SECURE TRANSMISSION OR NON-INTERCEPTION OF COMMUNICATIONS THROUGH THE SITE.

                  MARTINEAU IP, ITS AFFILIATED COMPANIES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OR PERFORMANCE OF THE SITE OR THE CONTENT REFERRED TO ON IT OR ON ANY OTHER SITE YOU MAY ACCESS THROUGH THE SITE, EVEN IF THEY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

                  MARTINEAU IP, ITS AFFILIATED COMPANIES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITE AND ANY ADVERTISER OR SPONSOR OF THE SITE (THIRD-PARTY USERS) AND SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY WAY FROM: i) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (ii) THE USE OR INABILITY TO USE ANY SOFTWARE, CONTENT, GOODS OR SERVICES ON OR OFFERED THROUGH ANY SITE.

                  IN THE EVENT THAT A COURT HOLDS MARTINEAU IP, ITS AFFILIATED COMPANIES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FOR ANY DAMAGES SUFFERED, SUCH DAMAGES SHALL IN NO EVENT EXCEED THE SUM OF $50 CAD. 

                  8. Indemnification

                    You agree to indemnify and hold harmless Martineau IP, its affiliates, and their respective directors, officers, employees, agents, licensors, or their successors and assigns, and to defend them against any and all claims, demands, liabilities, costs, or expenses of any kind, including, without limitation, legal fees and expenses, arising directly or indirectly from: i) your violation of the Terms of Use; ii) your browsing, use, or inability to browse or use the Site; iii) your use of or reliance on any publications, communications, distributions, or downloads of any kind through the Site; and/or iv) your violation of applicable laws or regulations. You agree to cooperate with us in defending any such claim.

                    9. Force majeure

                    Martineau IP shall not be liable for any damage resulting directly or indirectly from force majeure and/or causes beyond its control, including, but not limited to, internet outages, telephone or tablet outages, equipment breakdowns, power outages, strikes, disputes, riots, rebellion, pandemics, civil disturbances, labor or material shortages, fires, floods, hurricanes, explosions, acts of God, war, government actions, domestic or foreign court orders, third-party defaults, or loss, interruption, and/or fluctuation in service and/or use of your connected products in connection with the Site, whether or not such events have been declared as such by the competent authorities.

                    10. Applicable law

                      Your use of the Site and the Terms of Use are governed by the laws of the Province of Quebec and the laws of Canada, without regard to conflict of law principles. You hereby agree that any dispute arising out of or related to your use of the Site or the Terms of Use shall be subject to the jurisdiction of the courts of the judicial district of Montreal, Province of Quebec.

                      11. Survival of Provisions

                      All provisions of these Terms of Use that by their nature should survive termination, including, without limitation, restrictions, confidentiality obligations, indemnification obligations, warranty and liability limitations, shall survive and remain in effect after termination of this agreement.

                      12. Entire Agreement

                        These Terms of Use and all policies and documents incorporated by reference constitute the entire agreement between you and Martineau IP and supersede any prior agreements between you and Martineau IP.

                        13. Assignment

                        You may not assign or transfer this agreement or any rights and/or obligations under it without the prior written consent of Martineau IP. Martineau IP may assign all or part of its rights and obligations under the Terms of Use, in whole or in part, at its sole discretion, without prior notice or delay.

                        14. Delay in enforcing a right

                        Martineau IP's failure to exercise or enforce any right under the Terms of Use shall not constitute a waiver of that right or provision.

                        15. Severability

                        In the event that a court of competent jurisdiction finds any provision of the Terms of Use to be unenforceable or invalid, the remaining provisions of the Terms of Use shall remain in full force and effect, where applicable.

                        16. Survival of Provisions

                        All provisions contained in the Terms of Use that by their nature should survive termination, including, without limitation, restrictions, confidentiality obligations, indemnification obligations, warranty and liability limitations, shall survive and remain applicable after termination of the agreement.

                        17. Termination

                        Martineau IP reserves the right, at its sole discretion, to limit, prevent, and/or withdraw the right to access the Site from any person at any time for any reason, including, but not limited to, a violation of these Terms of Use.