| HOPE
AIR ("HOPE AIR") provides this website ("Web
Site") for your personal use only. This Web Site is
not intended for residents outside of Canada. BY ACCESSING
THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE
("TERMS"). IF YOU DO NOT AGREE WITH ANY OF THESE
TERMS, PLEASE DISCONTINUE THE USE OF THIS WEB SITE.
You may display, download or print the content and information
displayed on this Web Site (the "Information")
for your personal and non-commercial use only. The material
may not be altered in any fashion. You acknowledge that
Information on this Web Site is owned by, or licensed by
third parties to, HOPE AIR and is protected by copyright,
trademark and/or other rights. This Web Site may contain
other proprietary notices and copyright information, the
terms of which must be observed and followed. For additional
reproduction in any form by any photographic, electronic,
mechanical or other means, or used in any information storage
system, users must obtain the prior written consent of HOPE
AIR.
Information on this Web Site may contain technical inaccuracies
or typographical errors. HOPE AIR assumes no responsibility
regarding the accuracy of the Information that is provided
and the use of such Information is at your own risk. Information
may be changed or updated without notice. HOPE AIR may also
make improvements and/or changes in the products, services
and/or the programs described in this Web Site at any time
without notice to you. HOPE AIR provides no assurances that
any reported problems may be resolved with the use of any
Information that HOPE AIR provides.
HOPE AIR does not want to receive confidential or proprietary
information from you through this Web Site or by any other
unsolicited electronic means. Please note that any information
or material sent to HOPE AIR will be deemed NOT to be confidential,
unless we have specifically requested such from you. By
sending HOPE AIR any information or material, you grant
HOPE AIR an unrestricted, non-exclusive, royalty-free, irrevocable,
worldwide license to use, reproduce, display, perform, modify,
transmit and distribute such materials or information. You
also agree that HOPE AIR is free to use any ideas, concepts,
know-how or techniques that you send to us for any purpose.
However, HOPE AIR will not release your name or otherwise
publicize the fact that you submitted materials or other
information to HOPE AIR unless HOPE AIR: (a) obtains your
permission to use your name; (b) first notifies you that
the materials or other information you submit to a particular
part of this Web Site will be published or otherwise used
with your name on it; or (c) is required to do so by law.
You can learn more about HOPE AIR’s privacy practices
on this Web Site.
Information HOPE AIR publishes on the World Wide Web and
on this Web Site may contain references or cross references
to HOPE AIR products, programs and/or services that are
not announced or available in your jurisdiction. Such references
do not imply that HOPE AIR intends to announce or offer
such products, programs or services in your jurisdiction.
HOPE AIR’s obligations with respect to its products,
programs and services offered through this Web Site are
governed solely by the agreements under which they are provided.
If you obtain a product, program and/or service from HOPE
AIR from this Web Site that is provided without an agreement,
that product, program and/or service is provided "AS-IS"
with no warranties whatsoever, whether express or implied,
including the implied warranties and conditions of fitness
for a particular purpose, merchantability and non-infringement.
Your use of that product, program and/or service is at your
own risk and is subject to the limitations of liability
and indemnity set out below.
HOPE AIR makes no representations whatsoever about any other
web site which you may access through this Web Site. When
you access such non-HOPE AIR web site, even one that may
contain the HOPE AIR logo, please understand that it is
independent from HOPE AIR and that HOPE AIR has no control
over the content on that third party web site. HOPE AIR
does not assume any responsibility whatsoever for the accuracy,
currency, quality or appropriateness of the information
contained in such web sites. You acknowledge and agree that
HOPE AIR shall not be held liable for any damage or loss
caused or alleged to be caused by or in connection with
the use of or reliance on any content, goods, products,
programs and/or services available through any such web
site.
It is up to you to take precautions to ensure that whatever
you select for your use is free of such items as viruses,
worms, trojan horses and other items of a destructive nature.
IN NO EVENT WILL HOPE AIR BE LIABLE TO ANY PARTY FOR ANY
DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY
LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE,
EVEN IF HOPE AIR IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, ARISING OUT OF ANY USE OR
INABILITY TO USE THIS WEB SITE OR ON ANY HYPER-LINKED WEB
SITE, OR ANY INFORMATION, SERVICES, PROGRAMS OR PRODUCTS
OFFERED THROUGH THIS WEB SITE.
ALL INFORMATION, SERVICES, PROGRAMS AND PRODUCTS ARE PROVIDED
BY HOPE AIR ON AN "AS IS" BASIS ONLY. HOPE AIR
PROVIDES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS IN
RESPECT OF THE SAME, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY AND NON-INFRINGEMENT.
You agree to indemnify and hold HOPE AIR, its directors,
officers, agents and employees harmless from any claims
or demands, including reasonable legal fees and expenses,
due to or arising out of your use of this Web Site or any
hyper-linked web site.
You agree that any dispute relating to the use of this Web
Site, including without limitation the interpretation of
these Terms, shall be governed by and construed in accordance
with the laws of the Province of Ontario and applicable
laws of Canada. You agree to submit to the non-exclusive
jurisdiction of the courts of the Province of Ontario in
any action or dispute relating to the use of this Web Site.
The invalidity of any of the provisions of these Terms shall
not affect the validity of the remaining provisions.
HOPE AIR may change these Terms at any time without notice
to you. Any changes to these Terms will be posted on this
Web Site, in the regular course and without specific notice,
and your continued, repeated or then current use of this
Web Site shall be deemed to be your acceptance of such changes..
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