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Terms of Use

Item 1: USING THIS WEBSITE 

You Agree to These Terms by Using this Site

Your access to, and use of, this site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and NAV CANADA are superseded with respect to this subject matter. If you do not agree and accept, without limitation or qualification, these Terms of Use please exit the site. The Terms of Use include terms specific for a particular use; these sections however also include all general Terms of Use.

Legal Notice

Information contained in this NAV CANADA website is for information purposes only. The website and the information (including changes to the terms herein) may be changed or updated from time to time without notice. In consideration for using this NAV CANADA website, the visitor agrees to hold NAV CANADA and its directors, officers, members, employees and agents harmless against any claims for damages or costs or any loss of any kind arising out of the access to or use of this website or any information contained in or obtained through this website. As visitors access this website on a server in Canada, the information contained in this website is deemed to be provided in the Province of Ontario, Canada and is subject to the laws of Ontario and of Canada applicable therein. If you access this website from outside of Canada, you do so at your own risk and are responsible for compliance with local, national or international laws including, without limitation, securities laws and import and export laws.

Privacy and Your Personal Information

NAV CANADA respects individuals’ privacy rights and takes its responsibilities regarding the collection, use and disclosure of personal information seriously. Personal information submitted through this website is governed by the NAV CANADA Privacy Code, in compliance with Personal Information and Electronic Documents Act. To access the full version of the NAV CANADA Privacy Code please click here. NAV CANADA ensures that appropriate security safeguards are in place and that personal information collected through its website is securely stored against loss, theft, unauthorized access, disclosure or modification, however it is important to be aware that the Internet is not a secure medium, and neither the security of your communications, nor visits to this website, can be completely guaranteed. NAV CANADA is not liable for any damages resulting from the transmission, interception or corruption of communications to or from this website.

Non-Personal Information

Any visitor to this website providing non-personal information to NAV CANADA agrees that NAV CANADA shall have no obligation with respect to such non-personal information and shall be free to use, distribute, disclose and reproduce the non-personal information to others and shall be free to use the non-personal information for any purpose whatsoever. Any non-personal information provided by a visitor to the NAV CANADA website shall be non-proprietary and deemed to be non-confidential and must be truthful, legal and not violate the rights of others.

Disclaimer

The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. This website may include incomplete information, inaccuracies or typographical errors. NAV CANADA, and any other persons involved in the management of this website, may make changes in the information and content included in this website at any time without notice.

NAV CANADA shall not be responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in this website or by any technical or human error which may occur in the processing of submissions in this website. Site Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries.

NAV CANADA shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email (or members) on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person’s computer related to or resulting from using services or downloading materials in this website. If, for any reason, this website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Site Providers which corrupt or affect the administration, security, fairness, integrity or proper conduct of this website, Site Providers reserve the right to cancel, terminate, modify or suspend the services or website indefinitely.

Use of Cookies

NAV CANADA uses "cookies" to collect information and track user patterns on its website. A cookie is a small text file containing a unique identification number that identifies your browser (not you) to our website each time you visit. Cookies allow NAV CANADA to assess which pages of our website are visited and by how many people. Although the NAV CANADA website may assign a cookie to your computer, unless you specifically advise us, we will not know who you are. Cookies cannot be used by themselves to determine the individual identity of any visitor to our website and NAV CANADA does not combine information gathered by a cookie with personally identifiable information such as your name, telephone number or email address without your consent. Most websites use cookies and most internet browsers are set up to accept them, but if you would prefer, you can reset your browser settings to notify you when you have been assigned a cookie or to not accept cookies. If you refuse to accept cookies, you may not be able to use some of the features available on our site.

Trademark and Copyright

Copyright 2003 © NAV CANADA. All rights reserved.

NAV CANADA is the owner of copyright in this site and other intellectual property related to this website. By entering this website you acknowledge and agree that any name, logo, trademark or servicemark contained on this website is owned or licensed by NAV CANADA. No portion of this website, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without NAV CANADA’s prior written permission, except if indicated herein. All material and information found in this website is protected under the copyright and trademark laws of Canada and other applicable jurisdictions. The display of trademarks, tradenames or design marks in this website does not imply that a license of any kind has been granted to any other party. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this website for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. Modification, re-posting or use of the material on this website in any other manner whatsoever and for any other purpose violates NAV CANADA’s legal rights.

Any unauthorized use regarding publication, copying or modification of information on this website, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action and may subject you to penalties or damages including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights. Use or transmission of all or any part of this publication in violation of any applicable Canadian or other legislation is hereby expressly prohibited.

Links to Third Party Sites

This website contains links to third party sites. These links have been provided solely as a convenience for users of this website and do not constitute an endorsement by NAV CANADA of the content of such third party sites. Links to this website may also be provided from other sites either known or unknown to NAV CANADA. Access to any other website linked to or from this website is at your own risk. NAV CANADA has not reviewed and is not responsible for the content of any third party sites linked to or from this website and does not make any representations regarding the privacy practices, content or accuracy of materials on such third party sites.

Although this website may be linked to other sites, NAV CANADA is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own discretion and risk.

NAV CANADA access control

NAV CANADA shall have the right, at all times, to prevent, intercept, prohibit or otherwise restrict, your access to and/or use of this website if NAV CANADA determines, in its sole and absolute discretion, that you have not (or NAV CANADA has a reasonable basis to believe or expect that you may not) fully complied with all of the provisions set out in this agreement.

Unlawful behaviour

Do not use this website to communicate to others, to post on this website, or otherwise transmit to this website, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or regulation. NAV CANADA and all parties involved in creating, producing or delivering this website assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted matters. You agree to indemnify and hold harmless the Site Providers, their respective parents, subsidiaries, affiliates, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that the website includes obscenity, libel, slander, or infringes upon the third party’s intellectual property or privacy rights, as a direct result of your actions in the use of the website. You further agree to not knowingly, damage or cause interruption of the services on the website, prevent others from using the website. or obtain or modify another user’s non-public account information without their consent. Any attempt by an individual to deliberately damage any part of this website is a violation of criminal and civil laws and should such an attempt be made, Site Providers reserve the right to seek damages from any such person to the fullest extent permitted by law.

Language

This website is available in both official languages of Canada in accordance with the Official Languages Act.

ITEM 2: ACCESSING NAV CANADA’S COLLABORATIVE FLIGHT PLANNING SYSTEM (CFPS)

  1.  Internet Flight Planning System users accept these Terms and Conditions for use of CFPS.

NAV CANADA grants the Subscriber the right to access the above indicated application or applications (the "Application") for the purpose of filing a flight planon line pursuant to the provisions of this Agreement. Any access to the Application may be controlled or may be otherwise subject to limitations on the type of activity that may be conducted by the Subscriber.

All proprietary rights, including all intellectual property rights world-wide arising under the law, and whether or not perfected, including all patents, patent applications and patent rights; rights associated with works of authorship including copyrights, copyright application, copyright registrations, mask work rights, mask work applications, masks work registration; rights relating to the protection of trade secrets and confidential information; any right analogous to those set forth in this definition and anyother proprietary rights relating to intangible property and divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, or hereafter filed issued or acquired, shall remain with NAV CANADA.

The Subscriber hereby consents to NAV CANADA's use of the personal and confidential information provided pursuant to this agreement, including any information filed on any flight plan, for data handling/processing of the flight plan, Search and Rescue (SAR) purposes and billing purposes.

Following reasonable notice to the Subscriber, the Application may be interrupted at any time in order to maintain, modify or enhance the Application. Although NAV CANADA shall use reasonable efforts to ensure the Applications uninterrupted availability, no responsibility is assumed for interruptions of or delays in delivery of same.

General Restrictions on Use

The Subscriber agrees to the following restrictions on the use of the Application:

    1. Access to the Application is provided solely and exclusively for the internal use of the Subscriber. The Subscriber shall not provide accessto the Application to any other person or entity including any affiliate.

    2. The Subscriber acknowledges that the Application was compiled, revised, selected and arranged by NAV CANADA through the application of methods andjudgement developed and applied through the expenditure of substantial time, money and effort, and constitute valuable intellectual property, including copyright, protected compilations, and trade secrets of NAV CANADA.

    3. The Subscriber acknowledges that NAV CANADA will, using its best efforts,operate and maintain the Application.

    4. The Subscriber agrees to co-operate with NAV CANADA and protect theintellectual property, including copyright and/or any other proprietary rights of the Application.

    5. The Subscriber agrees to not sell, transfer, assign, publish, distribute,disseminate, allow any third party access to, or convey any part of the Application. The Subscriber shall however have the right to print single copies of confirmation of the filing of the flight plan obtained, using the Application and utilise same for personal use or in the normal course of its business.

    6. The Subscriber agrees that it shall not attempt to copy, modify, reverseengineer, disassemble, decompile or decrypt the Application and that itshall not attempt to reconstruct, copy or prepare derivative works based onthe Application.

    7. The Subscriber shall not remove, alter or obscure any proprietary noticeson the Application or any printed extracts.

    8. The Subscriber is responsible for the protection and use of the useridentifier (USERID), password, and access control items to be used by the Authorized User. The Authorized User shall be the only person authorized touse the Application and the Authorized User shall not be permitted to sharethe USERID or assigned password.

  1. Termination

    1. NAV CANADA may terminate this Agreement by 30 days written notice to the Subscriber.

    2. In the event that NAV CANADA determines, at its sole discretion, that the Subscriber has violated any of the terms and conditions contained in this Agreement, NAV CANADA shall have the right to unilaterally terminate the Agreement immediately.

  2. Disclaimer of Warranties;

    1. NAV CANADA does not warrant that the Application will perform uninterrupted or error free, that any deficiency can or will be corrected, or that the functions orperformance of the Application will meet the Subscriber's requirements.

  3. General

    1. Changes. NAV CANADA may from time to time, and in its sole discretion, change the content or format of the Application in accordance with general changes made to its standard service offering. The terms and conditions applicable to use of the Application may be changed from time to time upon reasonable notice to the Subscriber.

    2. Assignment. This Agreement and any rights arising out of this Agreement may not be assigned in whole or in part by the Subscriber without the writtenconsent of NAV CANADA.

    3. Force Majeure. NAV CANADA shall not be liable for any default or delay resulting from circumstances beyond its reasonable control.

    4. Notifications. The Subscriber requests and authorises NAV CANADA to inform the Subscriber from time to time of other services available from NAV CANADA.

    5. Injunctive Relief. Since unauthorised use or disclosure of the Application may diminish substantially the value of NAV CANADA's intellectual property rights, including copyright, proprietary rights, and/or trade secrets interests that are embodied in same and if the Subscriber breaches any of the Subscriber obligations with respect to limited use of same, NAV CANADA will be entitled to all remedies available at law or in equity to protect their interests therein, including but not limited to injunctive relief as well as money damages.

    6. Jurisdiction. The terms of this Agreement shall be construed according to the laws of and shall be subject to the nonexclusive jurisdiction of thecourts of Ontario, Canada. The Subscriber agrees to commence any actionrelating to or arising from this Agreement in such courts.

    7. Survival. Any terms which by their nature are intended to survive thetermination of this Agreement shall continue in full force and effect aftertermination, which terms shall include, but not be limited to Article 3(Restrictions) and Articles 5(b) and 5(c) (Disclaimer of Warranties; Limitation of Liability).

    8. Severability. The invalidity or unenforceability of any provision orcovenant in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained, and this Agreementshall be construed as if such invalid or unenforceable provision orcovenant were omitted.

    9. Action. No action, regardless of form, arising out of or pertaining to the Application may be brought by the Subscriber more than two (2) years after the cause of action, its discovery by the Subscriber or such time as itshould have reasonably been discovered by the Subscriber.

    10. French Language. The parties hereby confirm their express wish that this Agreement and all documents relating thereto be drawn up in English only. Les parties aux présentes confirment leur volonté que le présent contratde même que tous autres documents s'y rapportant soient rédigés enanglais seulement.

ITEM 3: NAV CANADA INVESTOR RELATIONS

The Investor Relations section of this Internet site is designed:

  • To provide corporate information to help investors better understand the company’s business, and

  • To relay information about NAV CANADA’s financial performance.

Conditions of viewing this site

NAV CANADA maintains the Investor Relations section of this internet site as an informational service. This site is not intended to supplement or substitute for the legal disclosure for the Corporation or for the prospectus disclosure related to the public offering of any of its securities. Please read the legal notice and Terms of Use on the site before you proceed.

Cautionary Language Regarding Forward-Looking Statements

Some of the information that can be obtained on this website may contain projections or other forward-looking statements regarding future events or the future financial performance of NAV CANADA. The reader is cautioned that the assumptions used in the preparation of these forward-looking statements involve risks and uncertainties that may cause actual results to differ materially from those expressed or implied in such forward-looking statements or could affect the extent to which a particular projection is realized.

This site may contain statements, estimates or projections that constitute "forward-looking statements" as defined under Canadian or U.S. federal securities laws. Generally, the words "believe," "expect," "intend," "estimate," "anticipate," "project," "will" and similar expressions identify forward-looking statements, which generally are not historical in nature. Forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from NAV CANADA’s historical experience and our present expectations or projections. These risks include, but are not limited to, our ability to finance expansion plans and general operating activities; changes in the aviation business environment, including regulatory and legal changes; fluctuations in interest and currency rate; changes in economic and political conditions; litigation uncertainties; and other risks discussed in our Company's filings with the Ontario Securities Commission, including our Annual Information Form, which filings are available on SEDAR. You should not place undue reliance on forward-looking statements, which speak only as of the date they are made. NAV CANADA undertakes no obligation to publicly update or revise any forward-looking statements.

Disclaimer

In addition to other disclaimers of warranties contained in this website, NAV CANADA hereby expressly disclaims any liability for errors or omissions in the information contained in this website. Information contained in this website does not constitute a solicitation or an offering of securities in any jurisdiction. Information disclosed under corporate securities legislation of Canadian, U.S. or other jurisdictions applicable to NAV CANADA, e.g. Quarterly Reports, Annual Information Forms or press releases, is not intended in any way to be qualified, amended, modified or supplemented by information available in, through or on this NAV CANADA website. Although NAV CANADA believes this information to be correct at the time it is posted, NAV CANADA does not warrant the accuracy, completeness or currency of this information at all times. All information contained in this website is provided on an as-is and as-available basis without any representations, warranties or endorsements whatsoever. No warranty of any kind, implied, expressed or statutory, warranty of merchantability and non-infringement of intellectual property rights, third party rights, title, fitness for any particular purpose or freedom from computer viruses or other contaminating or destructive properties is given in conjunction with the information contained in this website.

In no event shall NAV CANADA be liable for any damages, including without limitation, direct or indirect, special, incidental or consequential damages, loss of profits, opportunities or information arising in connection with the NAV CANADA website or with any linked website even if NAV CANADA is made aware of the possibility of such damages, losses, claims or expenses.

ITEM 4: AERONAUTICAL INFORMATION PUBLICATIONS

Copyright / Permission to Reproduce

© NAV CANADA, 2003

Materials on this website were produced and/or compiled by NAV CANADA for the purpose of providing users with direct access to information about the Aeronautical Information Products offered by NAV CANADA.

For the purpose of this document, this website refers to all information identified with a domain address of navcanada.ca or identified by the corporate signature (word mark or logo) of NAV CANADA.

The material on this site is covered by the provisions of the Copyright Act, by Canadian laws, policies, regulations and international agreements. Such provisions serve to identify the information source and, in specific instances, to prohibit reproduction of materials without written permission.

Use of the Site

The information on this site is provided on this network for informational purposes only and shall not be used for any navigational purposes.

Non-commercial Reproduction

Information on this site has been posted with the intent that it be readily available for personal and public non-commercial use and may be reproduced, in part or in whole and by any means, without charge or further permission from NAV CANADA. We ask only that:

  • Users exercise due diligence in ensuring the accuracy of the materials produced;

  • NAV CANADA be identified as the source of the information and,

  • The reproduction is not represented as an official version of the materials reproduced, nor as having been made, in affiliation with or with the endorsement of NAV CANADA.

Commercial Reproduction

Reproduction of multiple copies of materials on this site, in whole or in part, for the purposes of commercial redistribution is prohibited.

Third-party Materials

Some of the materials and graphical elements found on the NAV CANADA websites are subject to copyrights held by other organizations. This is particularly true of sites that are jointly operated by NAV CANADA and an external organization as part of a collaborative arrangement. In such cases, some restrictions on the reproduction of materials or graphical elements may apply and it may be necessary to seek permission from the rights holder prior to reproducing the material.

The content originator should ensure that third parties have given their written permission to allow users to reproduce their information as it appears on the NAV CANADA website.

Information that is not covered under this copyright claim may appear on this website for convenience. However, it will be clearly identified as such. Inclusion of third party information, products or tools on this website does not imply advertisement or endorsement by NAV CANADA.

To obtain information concerning copyright ownership and restrictions on reproduction on this site, please contact NAV CANADA's Aeronautical Publications Sales and Distribution Unit (AEROPUBS) by email at aeropubs@navcanada.ca

Limitation of Liability

Information is provided on an "as is" basis and NAV CANADA makes no guarantees, representations or warranties respecting this Information, either expressed or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.

NAV CANADA shall not be liable in respect of any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action alleging any loss, injury or damages, direct or indirect, which may result from the User's use or possession of this Information. NAV CANADA shall not be liable in any way for loss of revenue or contracts, or any other consequential loss of any kind resulting from any defect in this Information.

The User shall indemnify and save harmless NAV CANADA and its officers, employees and agents from and against any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging loss, costs, expenses, damages or injuries (including injuries resulting in death) arising out of the User's use or possession of this Information.