TERMS AND CONDITIONS
1. Acceptance
This Mobile Application (the “Mobile Application”) is owned and managed by Alberta Innovates.  This page states the Terms and Conditions of Use under which you may access and use the Mobile Application and all information, material and other content, including, without limitation, the underlying HTML, articles, text, data, photographs, images, illustrations, designs, icons, audio clips, video clips, documents, products, and software, displayed on or contained within the Mobile Application (collectively, the “Material”).

By accessing and/or using the Mobile Application or the Material, you agree to be bound by these Terms and Conditions of Use.  If you do not accept or agree with these Terms and Conditions of Use, do not access or use the Mobile Application or the Material.

Alberta Innovates may revise these Terms and Conditions of Use at any time by updating this page.  You must visit this page each time that you visit the Mobile Application and review these Terms and Conditions of Use because they are binding upon you any time you access and use the Mobile Application or the Material.

2. Privacy
Alberta Innovates respects the privacy of visitors to the Mobile Application.  Your use of the Mobile Applications and/or the Material is subject to Alberta Innovates’ Privacy Policy, which is available below.

3. Intellectual Property
The Mobile Application and some of the Material may be protected by applicable copyright, trademark, patent and other intellectual property laws under both Canadian and foreign laws which may be violated by unauthorized use of the Mobile Application or the Material.  Users of the Mobile Application or the Material are solely responsible for ensuring that they comply with any applicable copyright, trademark, patent and other intellectual property laws in force in their jurisdiction.

4. Copyright
All Mobile Application content and Material is protected by the Copyright Act, RSC 1985, c C-42 of Canada.  Copyright in the Material is owned by Alberta Innovates or the Government of Alberta (here applicable) and is licensed to Alberta Innovates.

Except as expressly provided in these Terms and Conditions of Use, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, modified, posted, presented, transmitted or otherwise exploited in any form or by any means (“Use”), without prior express written consent from Alberta Innovates, or in the case of licensed content the Government of Alberta, which consent may be withheld for any reason.

To inquire about obtaining consent to Use any Material on the Mobile Application, please send a request to [email protected].

5. Trademarks and Official Marks
Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Mobile Application or in the Material may constitute registered or unregistered trademarks or official marks of Alberta Innovates or the Government of Alberta and licensed to Alberta Innovates.  The Alberta Innovates word mark and logo are registered as official marks of Alberta Innovates.  Nothing on this Mobile Application grants any license to Use any trademark or official mark of Alberta Innovates and the use thereof without the express written consent of Alberta Innovates is prohibited.

To inquire about obtaining consent to Use trademarks or official marks, please send a request to Alberta Innovates at [email protected].

6. Non-Commercial or Educational Use
All Material and other information contained on the Mobile Application has been posted to provide individuals with direct access to information about Alberta Innovates and its programs and funding opportunities.  Such information has been posted with the intent that it be readily available for personal and public non-commercial or educational Use.

Except where otherwise prohibited in these Terms and Conditions of Use or by law, you are granted a limited, non-transferable, non-sublicensable, and non-exclusive license to access, view, and Use the information contained on the Mobile Application, in whole or in part, and by any means, for non-commercial and educational purposes, without charge or further consent from Alberta Innovates, as applicable, provided that the following conditions are complied with:

Users must not modify or alter the Material. This includes, without limitation, the obligation to retain all copyright, trade-mark, patent or other proprietary notices contained in the Material on any copy of the Material;
Users must exercise due diligence in ensuring that the Material is accurately reproduced;
Users must identify Alberta Innovates as the source of the Material from Mobile Application;
Users must not reproduce or transmit the Alberta Innovates word mark or logo without the express permission of Alberta Innovates;
Users must not represent any reproduction of Material as an official version, nor as having been made in affiliation with or with the endorsement of Alberta Innovates.
7. Commercial Use
Use of any Material on the Mobile Application, either in whole or in part, for the purpose of commercial distribution is strictly prohibited, except with express prior written permission from Alberta Innovates, which permission may be withheld for any reason.

8. Disclaimer
Alberta Innovates uses its best efforts to ensure the accuracy and completeness of the information and Material posted on the Mobile Application.  Nevertheless, there may be instances where such Material or Information contained on the Mobile Application is not current.

The Material on the Mobile Application is provided for information purposes only on an “as is” basis, without warranties, representations or conditions of any kind, whether express or implied.  To the fullest extent possible under applicable law, Alberta Innovates disclaims all warranties and conditions, whether express or implied, statutory or otherwise, including but not limited to implied warranties or conditions of merchantability and fitness for a particular purpose or use, title or non-infringement or other violation of rights concerning the Mobile Application and the Material.

Alberta Innovates does not warrant or make any other representations regarding the use, accuracy, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Material or the Mobile Application, any sites linked to the Mobile Application, the results from the Use of the Material or Mobile Application or any sites linked to the Mobile Application, or otherwise respecting the Material or the Mobile Application, or any other material and other content on any sites linked to the Mobile Application.

9. Limitation of Liability
Under no circumstances, including, without limitation, negligence, shall Alberta Innovates be liable to you or to any third party for any direct, indirect, special, punitive, incidental, or consequential damages or losses whatsoever, including without limitation lost revenue, lost or damaged data or economic loss, regardless of the cause of action, and on any theory of liability, including contract, tort or otherwise, arising directly or indirectly from any or all of the Mobile Application or the Material, including the use of, or the inability to use, any or all of the Mobile Application or the Material.

10. Links to or from Other Mobile Applications
The Mobile Application may contain links to third-party Mobile Applications. These links are provided solely as a convenience to you and not as an endorsement by Alberta Innovates. There also may be circumstances in which access to the Mobile Application may be provided by a hypertext link located at a third-party Mobile Application.

Alberta Innovates is not responsible for and does not endorse, authorize, approve, certify, maintain, or control the content of any third-party Mobile Application, nor does it make any representation or warranty of any kind, express or implied, regarding any third-party Mobile Application, including, without limitation, (i) any representation or warranty regarding the legality, use, accuracy, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information, material or content on such third-party Mobile Applications, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party Mobile Applications, or (iii) any representation or warranty that the operation of such third-party Mobile Applications will be uninterrupted or error free, that defects or errors in such third-party Mobile Applications will be corrected, or that such third-party Mobile Applications will be free from viruses or other harmful components.

Alberta Innovates is not responsible for the privacy practices of such third-party Mobile Applications. Alberta Innovates encourages users to review the privacy policies and terms of use of any linked third-party Mobile Applications before navigating any such Mobile Application or disclosing any personal information online.

11. Termination
Alberta Innovates may terminate these Terms and Conditions of Use, including any licenses contained herein, at any time and also may terminate your access to and use of the Mobile Application or the Material if Alberta Innovates determines, in its sole discretion, that you have failed or refused to comply with any or all of these Terms and Conditions of Use (“Termination”).

Upon Termination, you must cease to access and/or use the Mobile Applications and/or the Material.  This includes, without limitation, the obligation to destroy all Material, and all related documentation and all copies thereof, which you obtained from the Mobile Application, whether under these Terms and Conditions of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that Alberta Innovates may direct in respect of the Termination.

12. Governing Law
These Terms and Conditions of Use and the access to and use of any of the Mobile Application and/or the Material shall be governed by the laws of the Province of Alberta.  You agree to submit and irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Alberta for all matters arising out of these Terms and Conditions of Use, or your access to and use of the Mobile Application and/or the Material.

13. Contact Information
For information or questions regarding any of the Innovates Mobile Applications, please contact: [email protected].

For more information about these Terms and Conditions of Use or any information or questions in relation to the Mobile Application, please send a request to Alberta Innovates at [email protected].