Terms Of Service

By accessing and using XORGate Solutions Inc. Services (defined below), you are agreeing to these Terms of Service, our Privacy Policy, any applicable Additional Terms (defined below), and User Code of Conduct (collectively referred to as the “Agreement”). It is important to read the entire Agreement carefully as some of the provisions affect your legal rights.

When we refer to “Services,” we mean all products and services owned and operated by XORGate Solutions Inc. or any of its affiliated companies (collectively, “XSI,” “we,” or “us”), including the content, features, tools, data, software and functions made available by XORG through www.XORGateSolutions.com, www.XORGateSolutions.ca, our mobile applications, and other websites or applications we operate, unless those websites or applications have posted separate or additional terms of service. As of the effective date of these terms, the Services include the following key features: Patent Score: When you enter a patent number or application that you are interested in, we provide you with a rating from A to F, just like school you are looking for the A’s and you are avoiding the F’s. You must contact XSI to obtain login credentials before providing the patent number, and you must provide a payment method before we will undertake the rating of a patent. XSI reserves the right in its sole and absolute discretion to make changes to how it operates and provide its Services, including adding new services, modifying existing services, or suspending, discontinuing, or terminating your access to any or all portions of our Services. Some of the Services are subject to additional terms and conditions ("Additional Terms"), which are posted separately from these terms but are incorporated and form a part of the Agreement if you decide to use or access those features. If there is a conflict between applicable Additional Terms and these terms, the Additional Terms will control.

You will need to register for an XSI account to access all aspects of our Services. Registering for an account is not optional if you wish to use the Services. By registering for a XSI account, you certify that: You have reached the age of majority in your jurisdiction of residence; Any information you provide to us, both when you register and in the future, is and will be true, accurate, current and complete; You are only registering an account for yourself; You will keep all information up-to-date; You must not sell, transfer, or assign your account to anyone else. You must keep your password confidential, you must not share it and you may not allow anyone else to log into the Services as you. You are responsible for all activities that occur under your account. If you believe that your account is no longer secure, notify us immediately. When you register and obtain a login, you authorize us to create and maintain an account in your name using your account registration information and other information that may be collected about you in accordance with our Privacy Policy as part of providing the Services (collectively, such information is your “XSI Account.”).

Any output provided as part of the Services are for illustrative and informational purposes only. Our analysis is based on certain assumptions and uses only the data we have gathered. The output is based on the application of a machine learning algorithm that considers several factors that are gathered by XSI. The methodology and algorithm used to create the output is proprietary and a trade secret. XSI may elect to consider, ignore, emphasize, or de-emphasize certain factors in its sole and absolute discretion when generating the output. All output from the Services is presented for educational purposes only. We do not guarantee that the information presented from the Services is the same information that maybe used or reviewed by a third party to assess the intellectual property that you are interested in. The output DOES NOT DENOTE VALUE OF THE INTELLECTUAL PROPERTY OR THE LEGAL STRENGTH OF THE INTELLECTUAL PROPETY. YOU MUST FORM YOUR OWN OPINION AS TO THE VALUE AND LEGAL STRENGTH OF THE INTELLECTUAL PROPETY. THE INTELLECTUAL PROPETY RATING IS ONE FACTOR TO ASSIST YOU IN FORMING YOUR OPINION.

XSI is not a patent agent, or financial or legal advisor. Use of the Services is not a replacement for personal, professional advice or assistance regarding patents. We offer the Services to select jurisdictions and we make no representations or warranties that the information, products, or services provided through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use the Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject XSI to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion. You must comply with all applicable laws when using our Services. You are not permitted to use the Services in violation of applicable provincial, state, territorial or federal law or personal information legislation.

All content and materials, including visual interfaces, information, data, and computer code, provided through the Services (XSI "Content") and all related intellectual property rights are the property of XSI. The Content is protected by Canadian and international intellectual property laws and treaties. You are permitted to use the Content only on the Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form (including in-line linking or mirroring) the Content, in whole or in part, without XSI’s express prior written consent. You may not reverse engineer or reverse compile any of the Services or the technology used to operate the Services. Nothing in the Agreement or the Services grants you, by implication, estoppel, or otherwise, any license or right to use the Content except as expressly stated in the Agreement. You may not use the Services in any manner that infringes the rights of any third party. XSI reserves the right to block or otherwise prohibit in its sole discretion any individual who repeatedly uses the Services to infringe the intellectual property rights of others.

XSI has the right, but not the obligation, to monitor the Services electronically. We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1) comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our other users, the Services or equipment, or any third party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to the Services or the services of our business partners.

XSI PROVIDES THE SERVICES, THE CONTENT, AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH THE SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, LEGAL OR IMPLIED. XSI, ON BEHALF OF ITSELF, ITS AFFILIATES AND ITS LICENSORS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, LEGAL OR IMPLIED, RELATING TO OUR SERVICES, OR THE CONTENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, CUSTOM OR TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES, THE CONTENT, OR OTHERWISE AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING XSI OR ANY OF THE SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE OUR SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN THE CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO OUR SERVICES, AND YOUR USE OF THE CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SERVICES OR THE USE OF ANY OF THE CONTENT OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ACKNOWLEDGE THAT XSI IS SOLELY AN INTERMEDIARY BETWEEN YOU AND ANY PUBLICALLY AVAILABLE REPOSITORY OF INTELECTUAL PROPERTY INFORMATION. XSI EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OUR SERVICES, INCLUDING THE INACCURACY OR INCOMPLETENESS OF ANY SUCH INFORMATION REGARDING INTELECTUAL PROPERTY AVAILABLE THROUGH THE SERVICES OR THE CONTENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

XSI AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, THE "XSI PARTIES") WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICES, OR THE CONTENT . EXCEPT AS EXPRESSLY PROVIDED IN THE DISPUTE RESOLUTION AND ARBITRATION SECTION OR REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE XSI PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE SEVEN HUNDRED AND FIFTY CANADIAN DOLLARS ($750.00). IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE XSI PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

If requested by any XSI Party, you will defend, indemnify, and hold harmless the XSI Parties from and against any and all claims, losses, expenses, demands, or liabilities, including legal fees and disbursements on a substantial indemnity basis, incurred by the XSI Parties in connection with any claim by a third party arising out of or in any way related to: (1) your use of the Services, or the Content; (2) your violation or alleged violation of the Agreement or your violation or alleged violation of any applicable law; (3) your infringement or alleged infringement of any intellectual property or other right of any other person or entity; or (4) any dispute between you and a third party. You must not settle any such claim or matter without the prior written consent of XSI. The XSI Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT, YOU AND XSI ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. In order to resolve disputes between you and XSI in the most expedient and cost-effective manner, you and XSI agree that every dispute arising in connection with the Agreement will be resolved by binding arbitration. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Agreement, whether based in contract, tort, extra- contractual liability, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Agreement. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. You and XSI both agree that nothing in the Agreement will be deemed to waive, preclude or otherwise limit the right of either party to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, provincial, state, territorial, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of the Services or address an intellectual property infringement claim. All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. (the "ADR Rules"), except as otherwise set out in this Agreement. The language of the arbitration will be English. A party who intends to seek arbitration must first send a written notice of the dispute to the other by certified mail ("Notice"). XSI address for Notice is: XORGate Solutions Inc., 2089 Emerald Cr. Burlington On, L7R 1N2, Attention: Legal Department. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). You and XSI agree to use good faith efforts to resolve the claim directly, but if you and XSI do not reach an agreement to do so within 30 days after the Notice is received, you or XSI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or XSI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of XSI’s last written settlement offer made before an arbitrator was selected, XSI will pay you the amount awarded by the arbitrator or eleven thousand Canadian dollars ($11,000), whichever is lower. The arbitration proceedings, including any exchanged materials, shall be confidential and you and XSI agree to use reasonable efforts to streamline the proceedings, including discovery, consistent with the objectives of efficient dispute resolution. If you commence arbitration in accordance with the Agreement, XSI will reimburse you for your payment of the commencement fee, unless your claim is for more than ten thousand Canadian dollars ($10,000), in which case the payment of any fees will be decided by the ADR Rules. Any arbitration hearing will take place at a location to be agreed upon in Burlington, Ontario, but if the claim is for $10,000 Canadian dollars or less, or as otherwise required, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the ADR Rules in the jurisdiction of your registered account address. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all fees will be governed by the ADR Rules. In that case, you agree to reimburse XSI for all monies previously disbursed by it that are otherwise your obligation to pay under the ADR Rules. Regardless of the way the arbitration is conducted, the arbitrator must issue a reasoned written decision which includes a sufficient explanation of the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. Further, unless both you and XSI agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If XSI makes any future change to this arbitration provision (other than a change to XSI’s address for Notice), you may reject the change by sending us written notice within 30 days of the change to the address for Notice, in which case your account with XSI will be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive. If any provision of this section is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect. If the entirety of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the jurisdiction and venue described in the Miscellaneous section under Governing Law and Venue will govern any action arising out of or related to the Agreement. YOU AND XSI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

The Agreement is effective until your account, if applicable, is deactivated by either you or XSI and you discontinue all use of our Services. Notwithstanding the foregoing, any section of the Agreement that by its nature is intended to survive termination of the Agreement or your use or access to the Services or the Content will survive such termination. If you decide you want to deactivate your account, you can do so by visiting our help page.

Governing Law and Venue: To the extent not prohibited by applicable laws, the Agreement is governed by the laws of the Province of Ontario, excluding conflicts of law provisions, and the federal laws of Canada applicable therein. To the extent not prohibited by applicable law, all claims arising out of or in any way related to the Agreement or the Services will be submitted to the non-exclusive jurisdiction of the court of competent jurisdiction in the City of Burlington, Ontario, and you and XSI submit to personal jurisdiction in those courts. Entire Agreement: The terms of the Agreement including the Privacy Policy, and any Additional Terms constitute the entire and exclusive agreement between XSI and you in connection with your use of the Services or the Content. Changes to the Agreement: XSI may modify the Agreement at any time. We will post modifications to these Terms of Service on this page. If a change materially modifies your rights or obligations, you may need to accept the modified terms to continue to use the Services. Material modifications will take effect when you accept the modified terms; immaterial modifications will take effect when published. By continuing to use the Services following any modification to these terms, our Privacy Policy or any Additional Terms, you are agreeing to the Agreement as modified. Waiver Only in Writing: XSI’s failure to enforce any of its rights or act with respect to a breach of by you or others of the Agreement does not constitute a waiver of any rights and will not limit XSI’s rights with respect to that breach or any subsequent breaches. No waiver by XSI’s of any of the provisions in the Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of XSI. Assignment: XSI may assign the Agreement to any party at any time without notice to you. You may not assign your rights under the Agreement, by operation of law or otherwise, without XSI’s consent. Severability: If any provision or portion of a provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect for any reason, then that provision will be given effect to the greatest extent possible and the invalidity or unenforceability of that provision or portion of provision shall not affect the validity or enforceability of the remainder of this Agreement. Nothing in the Agreement shall affect any non-waivable statutory rights or remedies that apply to you. Interpretation: The titles and annotations, contained in these terms are inserted only as a matter of convenience and have no legal or contractual effect. The Agreement will not be construed against XSI.

You and XSI hereto have expressly requested and required that these Terms of Service and all other related documents, including notices, be drawn up in the English language.

Les parties aux présentes conviennent et exigent expressément que ce contrat et tous les documents qui s’y rapportent, y compris tout avis, soient rédigés en langue anglaise.