Acceptance

This Terms of Use Agreement (“Agreement”) is a legal agreement between you and SkyAlyne (“SkyAlyne”), the owner and operator of this Website (the “Website”). It states the terms and conditions under which you may access and use the Website and all written and other materials displayed or made available through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (the “Content”). By accessing and using the Website, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept these terms and conditions, you must not access or use the Website. SkyAlyne may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Agreement.

Disclaimer of Warranties

THE WEBSITE AND THE CONTENT IS PROVIDED “AS IS”. WHILE SkyAlyne ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, SkyAlyne MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE WILL BE OF MERCHANTABLE QUALITY AND FIT FOR A PARTICULAR PURPOSE, (II) THE WEB SITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED.

Limitation of Liability

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL SkyAlyne, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST BUSINESS, LOST PROFIT, BUSINESS INTERRUPTION, INACCURATE INFORMATION, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEB SITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF SkyAlyne KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Ownership

The Content is protected by copyright law, and is owned by SkyAlyne, its licensors, and/or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Web site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of SkyAlyne.

Limited Licence

Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Website for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. If you violate any provision of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any Content.

Trademarks

SkyAlyne and SkyAlyne designs are trademarks of SkyAlyne. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Website may constitute registered or unregistered trademarks of SkyAlyne or third parties. While certain trademarks of third parties may be used by SkyAlyne under license, the display of third-party trademarks on the Web site should not be taken to imply any relationship or license between SkyAlyne and the owner of the trademark or to imply that SkyAlyne endorses the wares, services or business of the owner of the said trademark.

Linking

The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by SkyAlyne of the contents of such third-party websites. SkyAlyne is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party websites, (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 websites, or (iii) any representation or warranty that the operation of such third-party websites will be uninterrupted or error-free, that defects or errors in such third-party websites will be corrected, or that such third-party websites will be free from viruses or other harmful components. While SkyAlyne encourages links to the Website, it does not wish to be linked to or from any third-party website which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of SkyAlyne or which contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. SkyAlyne reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of SkyAlyne.

Feedback

Any comments or materials (“Submissions”) that you send to SkyAlyne shall be treated as non-confidential unless otherwise agreed between you and SkyAlyne in writing. You hereby grant SkyAlyne a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. Subject to your rights as per SkyAlyne’s Privacy Statement and in addition to the grant of the above license, you hereby (i) agree, to the extent possible under applicable copyright laws, to waive all moral rights in your Submission in favour of SkyAlyne, (ii) consent to your name, address and e-mail appearing as the contributor of your Submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission, (iii) acknowledge and agree that SkyAlyne is not responsible for any loss, damage or corruption that may occur to your Submission, and (iv) acknowledge and agree that your Submission will be non-confidential.

Security

Any information sent or received over the internet is generally unsecure. SkyAlyne cannot guarantee the security of any communication to or from the Web site.

General Terms

This Agreement and SkyAlyne’s Privacy Statement constitutes the entire agreement between you and SkyAlyne with respect to the subject matter hereof. This Agreement shall inure to the benefit of, and be binding upon you and SkyAlyne and each of our respective successors and assigns. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.

Governing Law and Jurisdiction

By accessing or using the Website, you agree that all matters relating to your access to, or use of the Website and its Content shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Quebec with respect to all matters relating to the Website.

Please note that both the English and French versions of SkyAlyne’s Internet Terms of use agreement have equal legal value.

If you have any comments, questions or complaints regarding SkyAlyne’s Terms of use agreement or practices, please send an email to communications@skyalyne.ca.

Notice

Questions or comments regarding the Website should be directed by e-mail to communications@skyalyne.ca.

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