Terms and Conditions
The Website www.airdata.ca (hereinafter the “Website”) is owned by Air Data inc. (« Air Data ») and aims to provide information about Air Data, its business, services and products, as well as to interact with its customers. This Website includes text, images, audio and video excerpts, software, graphics, interfaces, or the code and choice of content and its layout and other elements (collectively, the “Content”) provided by Air Data or used under license by it, the whole for information purposes only.
BY ACCESSING THE WEBSITE OR DOWNLOADING THE CONTENT, YOU AGREE TO BE BOUND WITHOUT LIMITATION OR RESTRICTION, AND ARE DEEMED TO HAVE ACCEPTED THE CONDITIONS OF USE RELATING THERETO (THE “TERMS”). IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS OF USE, WE ASK YOU TO QUIT ANY NAVIGATION ON THE WEBSITE AND IMMEDIATELY LEAVE IT. FURTHERMORE, IN THE EVENT THAT YOU DO NOT COMPLY WITH THESE TERMS, AIR DATA RESERVES THE RIGHT TO RESTRICT YOUR ACCESS TO THE WEBSITE, THE WHOLE WITHOUT PRIOR NOTICE AND WITHOUT PREJUDICE TO ANY OTHER RIGHTS THAT AIR DATA MAY CLAIM OR EXERCISE.
1. USE OF THE WEBSITE
The purpose of the Website is to facilitate the dissemination of general information about the products and services offered by Air Data in the normal course of its business and to initiate contact between Air Data and its customers, partners and suppliers. In this regard, you may view it, subject to what is described below, download and print certain portions of it. The information found on the Website and the Content is for informational purposes only and is provided to you as is and as it is available. Air Data makes no representation or warranty as to the accuracy or completeness of the information on the Website or the Content thereof.
As part of your use of the Website and the Content, you agree to the following:
• Not to use the Website or the Content, or to permit or facilitate its use by any person, in a manner that would constitute or encourage to perpetrate a criminal or civil offense or an infringement of intellectual property rights, or in a manner that would contravene a law or regulation or disrupt Air Data’s activities;
• Not to use the Website or the Content, or not to allow or facilitate its use by any person in order to publish any Content which, in the opinion of a reasonable person, constitutes an invasion of the privacy of a person, an attack on the physical or moral integrity of a person or constitutes defamatory, abusive, racist, violent, hateful or intimidating content and not to publish on the Website any Content profaning ethnic insults or homophobic or offensive to any religion or spiritual belief as well as any attack on a particular person or group of persons;
• Not to use the Website or the Content, or to permit or facilitate its use by any person without reading and accepting the terms of any separate license agreement or conditions provided by Air Data, including other provisions of these Terms;
• Not to have any employee, supplier, agent or Air Data’s representative make any statement or gesture constituting harassment or abuse, verbal, written or otherwise;
• Not to create or participate in the creation of a website reproducing, in whole or in part, the Website, the Content or any trademark of Air Data;
• Not to use the Website or the Content, or not to allow or facilitate its use by any person in order to transmit any communication that, in the opinion of a reasonable person, constitutes advertising, a commercial offer, spam or any form of solicitation;
• Not to use the Website or the Content, or not to allow or facilitate its use by any person to post Content that a reasonable person might consider to be rude, obscene, indecent, vulgar, or of a sexually suggestive nature or conflicting with the norms of good morals;
Finally, you acknowledge that you are solely responsible for ensuring that your systems are able to use the Website. IT IS RECOMMENDED THAT YOU USE AND UPDATE ANTIVIRUS, ANTI-SOFTWARE SPIES AND FIREWALLS ON YOUR SYSTEMS THAT GIVE ACCESS TO THE WEBSITE.
In order to offer you quality content on the Website, Air Data reserves the right to monitor any Content posted on it by you, as the case may be, to ensure compliance with these Terms. You hereby consent to such surveillance and monitoring. Notwithstanding the foregoing, Air Data makes no representations that the Website will be monitored for compliance with these Terms or that it will make any representations in the event of any disagreement with respect to these Terms.
4. TERMS AND CONDITIONS RELATING TO THE CONTENT
4.1 The Content of the Website is not a reflection of Air Data’s opinion
The opinions, comments or positions contained in the Website represent only the opinions or positions of their authors and at no time should be interpreted as those of Air Data or its third-party suppliers. You acknowledge that Air Data or its third-party suppliers cannot be held liable and consequently have no liability in relation to any Content generated by a user of the Website, including, more particularly, any defamatory, hateful or otherwise offensive Content, notwithstanding the fact that the content violates these Terms.
4.2 Deletion of Content that does not comply with these Terms
Air Data reserves the right to delete, in its sole discretion, any Content that it deems contrary to these Terms or spirit of these Terms, the whole, without notice.
5. BEHAVIOR OF USERS
5.1 Hacking and reverse engineering
You agree not to infringe or damage the Website. More particularly, you agree not to overload, disturb, commit hacking, modify the source code of the Website or reverse engineer the Website or any other related software. In addition, you agree not to interfere with the use of the Website by other users.
5.2 Access to the Website
You agree to only access the Website through the http protocol using an Internet browser. You agree not to attempt to gain access to Air Data’s servers by any means, including the use of the Administrator account. You also agree not to expose or allow the use of any Content on the Website that is not publicly accessible.
5.3 Personal use only
The use and navigation on our Website is solely for your personal use. You are strictly prohibited from pretending to be a third party by using, creating an account or browsing our Website. You agree not to open more than one account on the Website.
5.4 Collection of information
You agree not to use any process, software or other automated or manual means or processes to access, collect information, browse, or otherwise scan the Website.
5.5 Use of the Website for an authorized purpose only
You agree not to use the Website for any other purpose, commercial or otherwise, not expressly permitted by these Terms.
6. INTELLECTUAL PROPERTY
6.1 License granted to Air Data
By submitting Content on the Website, you grant us an unlimited, perpetual, transferable and nonexclusive license to the Content so posted on the Website. You allow us to post it on the Website. The Content may be reproduced, reused, reposted or modified in any manner or form without your prior consent.
6.2 License granted by Air Data
Because of your browsing of the Website, we grant you a limited and nonexclusive license to the Content, allowing you to display it, print it, for your personal and non-commercial purposes, as well as to share it on the Website as well as on different social networks, subject to your commitment not to modify the Content in any way. Any other use of the Content is prohibited, including use contrary to what is provided in Section 1 above. The Content may not be reproduced, reused, reposted in any manner or form except as permitted under these Terms without the prior written consent of Air Data.
All Content on the Website belongs to Air Data or belongs to the owner identified by Air Data, and is protected by applicable laws, including copyright laws. You may not copy, reproduce, publish, repost, transmit or otherwise use any of them without our prior written consent, other than in accordance with these Terms. In addition, all trademarks, whether registered or not, and all trade names contained on this Website belong to Air Data or to the holder who has validly granted a license to use.
7. THIRD PARTY WEBSITES
Website – Facebook
Website – Youtube
Website – Instagram
You acknowledge that Air Data is not aware of these policies and cannot provide any recommendations or opinions with respect to their content.
Our Website may contain links to other websites owned by third parties. In this regard, you acknowledge that Air Data has no control over these websites and you acknowledge that it has not read all of the content available on the websites, which are linked in the Content of the Website. Consequently, Air Data disclaims all liability for any website content over which it has no control. By accessing a website through a link in the Content of the Website, you act at your own risk.
Finally, you acknowledge that the inclusion of such links does not imply that Air Data is sponsoring trademarks, trade names, designs, logos, symbols or other copyrighted material posted on them, or that Air Data is affiliated or associated or that Air Data is legally entitled to use it.
To the extent permitted by law, in the event of any claim by a third party to Air Data or its representatives or agents in connection, directly or indirectly, with the violation of these Terms by you, you agree to take facts and cause for Air Data and to keep it free and unharmed from any loss in connection with such claims, including legal fees.
9. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
AIR DATA TRIES TO PROVIDE THE WEBSITE IN A SECURE FRAMEWORK AND IN AN ENVIRONMENT WITHOUT DEFAULT OR ERROR. HOWEVER, YOU AGREE THAT YOUR USE OF THE WEBSITE AND YOUR ACTS OR OMISSIONS BASED ON THE INFORMATION PROVIDED ON THE WEBSITE IS AT YOUR OWN RISK. AIR DATA PROVIDES THE WEBSITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF ERROR-FREE INFORMATION. THERE IS ALSO NO WARRANTY THAT THE WEBSITE IS ERROR-FREE OR THAT THE SAME WILL ALWAYS WORK WITHOUT INTERRUPTION, DELAY OR IMPERFECTION. TO THE EXTENT PERMITTED BY LAW, AIR DATA ASSUMES NO RESPONSIBILITY TOWARDS YOU OR ANY OTHER PERSON FOR LOSS OR DAMAGE OF ANY KIND, INCLUDING SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, FROM THE USE OR FUNCTIONING OF THIS WEBSITE, OR FROM ANY INFORMATION THAT APPEARS ON IT, OR FROM YOUR ACTS OR OMISSIONS BASED ON ANY INFORMATION PROVIDED ON THE WEBSITE OR THE CONTENT OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH YOU MAY ACCESS THROUGH THIS WEBSITE.
10. GENERAL PROVISIONS
10.1 Failure – Default
Failure or delay by Air Data to exercise any right, remedy or lien under these Terms shall not constitute a waiver of such right, remedy or lien. Similarly, Air Data is in no way barred from exercising at a later date any right, remedy or privilege that it has not previously exercised, in whole or in part.
10.2 Applicable law
These Terms, their interpretation, their performance, their application, their validity and their effects are subject to the laws in force in the Province of Quebec and to the laws in force in Canada applicable in the Province of Quebec governing in part or in their entirety all the provisions they contain. To the extent permitted by law, any claim, directly or indirectly, hereunder shall be submitted to the exclusive jurisdiction of the courts of Quebec, excluding the courts of any other jurisdiction.
Air Data reserves the right, in its sole discretion, to modify the Website, the Content and these Terms at any time without notice. When amendments are made to the Terms, Air Data agrees to change the date of last update appearing above. By continuing to browse the Website, you agree to be bound by these Terms, including any amendments thereto. Otherwise, your only recourse is to stop using the Website.