AGREEMENT BETWEEN USER AND SUMMIT HELICOPTERS
Welcome to Summit Helicopters (Ledcor Helicopters Limited Partnership, by its general partner, 1719321 Alberta Ltd., dba Summit Helicopters) (“Summit Helicopters” , “we” or “us” as the context requires) website. Please read these Terms and Conditions before using or submitting content in any form or medium through this website.
Summit Helicopters allows you use of this website (the “Site”) on the following Terms and Conditions. By accessing this Site or viewing, downloading, copying or using any of the content on the Site (the “Site Content”), you warrant and represent to Summit Helicopters that you are aware of these Terms and Conditions and are agreeing to be bound by them.
- No warranty
The Site and the Site Content are provided by Summit Helicopters on an “as-is” and “as available” basis, without any representation, guarantee or warranty whatsoever, including any express or implied warranty as to merchantability or fitness for any particular purpose. Subject to the terms of our Privacy Policy, Summit Helicopters does not make any representation, guarantee or warranty regarding the use or results of use of the Site, including any services requiring the transfer of information and data, whether in terms of their correctness, accuracy, reliability, uninterrupted use, security or otherwise. Summit Helicopters does not warrant the functions, information or links provided on the Site.
Third party links on the Site allow you to leave the Site and connect directly to linked sites. Such linked sites are independent of the Site, and the presence of linked sites on the Site are not in any way a reflection on, affiliation with, approval by, or endorsement by Summit Helicopters. We provide these links only as a convenience and make no warranty regarding the linked site, the content on any linked site, any link contained in a linked site, or the company or entity owning or operating any linked site.
- Limitation of Liability
You acknowledge that Internet usage is inherently risky and is subject to computer, system and network failure, and exposure to potentially harmful content that may cause damage to your computer hardware and software systems. While Summit Helicopters will take reasonable measures to maintain the security of the Site and Site Content, YOU AGREE THAT YOU USE THIS SITE COMPLETELY AT YOUR OWN RISK AND THAT IN NO EVENT SHALL SUMMIT HELICOPTERS BE LIABLE TO YOU OR ANY PERSON CLAIMING UNDER OR THROUGH YOU, FOR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED. Further, you agree that UNDER NO CIRCUMSTANCES WILL SUMMIT HELICOPTERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE resulting from or relating to your use of this Site, even if caused by the negligence, gross negligence or wilful misconduct of Summit Helicopters or its agents.
- Intellectual Property
Any and all content, information and data of any kind displayed on, contained in, or accessible through this Site is subject to copyright and other intellectual property rights of Summit Helicopters or its licensors. Any unauthorized downloading, re-transmission or modification of Site Content is a violation of the intellectual property rights of Summit Helicopters and its licensors.
- Use of the Site
You are permitted to use this Site and Site Content only for your own personal, educational or bona fide use as a customer of Summit Helicopters. Written consent of Summit Helicopters is required for any other use of the Site or Site Consent. You agree not to use the Site or Site Content in any manner that would breach any contract, duty, obligation or law, or infringe any party’s intellectual property rights.
- Indemnity
You agree to indemnify and save harmless Summit Helicopters, its directors, officers, employees and representatives from and against all claims, liabilities, costs and expenses, including legal cost on a solicitor and his own client basis, arising from any violation by you of these Terms and Conditions, or otherwise from your use of the Site and the Site Content.
- No Waiver
No failure by Summit Helicopters to enforce the Terms and Conditions shall be deemed a waiver by Summit Helicopters of its rights under theseTerms and Conditions. The Terms and Conditions may only be waived by Summit Helicopters in writing. No waiver by Summit Helicopters of a default under the Terms and Conditions shall operate or be construed as a waiver by Summit Helicopters of any future defaults, whether of a like or different character, or of your obligations or liabilities under the Terms and Conditions.
- Changes to Terms and Conditions
Summit Helicopters may, from time to time and in its sole discretion, make changes to these Terms and Conditions without notice. Your continued use of the Site shall constitute your acceptance of any amendments or additions to the Terms and Conditions.
- Governing Law
The Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, and the laws of Canada applicable in that Province. You agree that any disputes relating to your use of the Site and the Terms and Conditions will be adjudicated in and by the courts of the Province of British Columbia. Nothing in this section shall prevent Summit Helicopters from commencing an action in any court of competent jurisdiction for damages and/or equitable relief against you for breach of the Terms and Conditions.
- Severability
Should any part of the Terms and Conditions be held by a court of competent jurisdiction to be unenforceable, then such part shall be severed from the Terms and Conditions and shall not affect the enforceability of the remaining Terms and Conditions.
- Terms and Conditions Binding
The Terms and Conditions shall be binding upon and benefit the respective heirs, executors, administrators, successors and permitted assigns of you and Summit Helicopters, including Summit Helicopters’ subsidiaries and affiliates.
