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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 website (the “Site”) is subject to the following Terms of Use (the “Terms of Use”) and all applicable laws and regulations. The Terms of Use is a legal agreement between the user, including any third party that is provided access to the Site or data or information contained within the Site (collectively, “you” or the “User”), and NAV CANADA. a corporation incorporated under the laws of Canada, 77 Metcalfe Street, Ottawa, Ontario, K1P 5L6 (“NAV CANADA”). NAV CANADA and the User are hereinafter referred to individually or collectively, as “Party” or “Parties”. 

For the purpose of this document, this Site 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.

BY ACCESSING AND USING THE SITE, YOU:

(A) ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS OF USE AND INTEND TO BE LEGALLY BOUND BY THEM.  IF YOU ARE ACCEPTING THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY IN WHICH CASE THE TERMS “YOU” OR “USER” WILL INCLUDE SUCH ENTITY, JOINTLY AND SEVERALLY WITH YOU PERSONALLY;

(B) ACKNOWLEDGE THAT ANY OTHER AGREEMENTS BETWEEN YOU AND NAV CANADA ARE SUPERSEDED WITH RESPECT TO THIS SUBJECT MATTER; AND

(C) CONSENT TO NAV CANADA PROVIDING TO YOU, IN ELECTRONIC FORM ON THIS WEBSITE, THESE TERMS OF USE AND THE NAV CANADA'S PRIVACY CODEOpen a new window.

IF YOU DO NOT AGREE AND ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE YOU MUST 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 on this Site is for information purposes only. The Site and the information (including changes to the Terms of Use) may be changed or updated from time to time without notice. In consideration for using this Site, you agree 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 Site or any information contained in or obtained through this Site. As visitors accessing this Site on a server in Canada, the information contained on this Site 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 Site 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.

A breach or violation of any of the Terms of Use will result in an immediate termination of these Terms of Use and of your right to access and use the Site. 

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. You are not permitted to post, upload or transmit any personal information of any third party to NAV CANADA (or otherwise in connection with this Site) without such third party’s consent. The NAV CANADA's Privacy Code, a full copy of which is available using this linkOpen a new window explains how NAV CANADA collects, uses, discloses and retains personal information in compliance with Personal Information and Electronic Documents Act (Canada). The NAV CANADA's Privacy Code is an integral part of these Terms of Use and is incorporated herein by reference. Your acceptance of these Terms of Use will also signify your acceptance of the terms of the NAV CANADA's Privacy Code.

We collect only personal information required for identified uses. NAV CANADA ensures that appropriate security safeguards are in place and that personal information collected through the Site 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 Site, can be completely guaranteed. NAV CANADA shall not be liable for any damages resulting from the transmission, interception or corruption of communications to or from this Site.

Non-Personal Information

Any visitor to this Site 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 Site shall be non-proprietary and deemed to be non-confidential and must be truthful, legal and not violate the rights of others.

Warranties and Limitation of Liability

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

NAV CANADA does not guarantee that the Site is or will be error free, complete, accurate, reliable or current. NAV CANADA uses commercially reasonable efforts to maintain the Site current and up to date. You accept the Site and its contents in the condition in which it is made available and without any explicit or implicit guarantee regarding the quality, performance or suitability for intended use. You acknowledge and accept that situations may arise during which the Site is not being available and/or it not working properly, such as, but not limited to, problems or bugs in the Site or underlying infrastructure, problems with network connections or telecommunications disturbances, force majeure, or an erroneous or faulty action by the user.

You acknowledge and agree that this Site does not purport to provide legal (or other professional) advice and nothing in the Site or in these Terms of Use shall be taken, implied or construed as an offer to provide, or a provision of, legal or other advice, or as a recommendation for any specific course of action. Changes may be periodically made to the Site or the Site content and may be made at any time. NAV CANADA reserves the right to change, modify, suspend, or discontinue the Site or any Site content at any time without notice and may suspend or terminate your access to the Site immediately without prior notice at its sole discretion and for any reason and without further obligation or liability to you.

Any and all airspace maps, airspace data and flight restrictions provided through the Site (a) may contain inaccuracies and are provided for informational purposes only, (b) do not constitute an official aeronautical source, (c) are not exhaustive and (d) may not be updated regularly or monitored for compliance. You are responsible for consulting with official sources and complying with all applicable local, provincial, federal and foreign laws (including minimum age requirements) regarding the use, operation, or piloting of aircraft.  The Site is not intended for use in connection with, and you may not use the Site for, the operation of aircraft navigation or communication systems, air traffic control systems, or other equipment in which the failure of the Site could lead to death, personal injury, or severe physical or environmental damage.

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 Site users or to any other person’s computer related to or resulting from using services or downloading materials on this Site. If, for any reason, this Site 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 NAV CANADA which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Site, NAV CANADA reserves the right to cancel, terminate, modify or suspend the services or Site indefinitely.

YOU AGREE THAT THE SITE (INCLUDING WITHOUT LIMITATION, THE DATA, INFORMATION AND OTHER CONTENT CONTAINED WITHIN THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” BASIS FOR INFORMATIONAL PURPOSES ONLY, AND IS TO BE USED FOR YOUR OWN PERSONAL USE ONLY WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER. NAV CANADA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE AND MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR SITE CONTENT OR ANY THIRD-PARTY INFORMATION PROVIDED IN CONNECTION WITH THE SITE.  NAV CANADA IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN TRANSMISSION OVER THE INTERNET AND DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED OR THAT THE SITE OR ANY SITE CONTENT IS FREE OF MALWARE OR ANY OTHER HARMFUL ELEMENTS.

IN NO EVENT SHALL NAV CANADA OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, HARM, INJURY, COST, EXPENSE OR OTHER LOSSES OR ANY KIND OR NATURE WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, THIRD PARTY INTELLECTUAL PROPERTY (INCLUDING PATENT OR COPYRIGHT) INFRINGEMENT OR ANY OTHER LEGAL THEORY), RESULTING FROM THE USE OF OR RELIANCE UPON, OR THE INABILITY TO MAKE USE OF, THE SITE OR ANY SITE CONTENT (INCLUDING IN CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OF THE SITE OR ANY SITE CONTENT) OR THE USE OF, OR RELIANCE ON, ANY SITE CONTENT (INCLUDING THIRD PARTY INFORMATION PROVIDED IN CONNECTION WITH THE SITE, WHETHER OR NOT NAV CANADA OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY ABOVE: (A) IN NO EVENT WILL NAV CANADA, ITS AFFILIATES OR LICENSORS’ TOTAL LIABILITY FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE EXCEED THE AMOUNT OF FIFTY CANADIAN DOLLARS (CDN$50); AND (B) NAV CANADA SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE OR MISAPPROPRIATION OF YOUR DATA OR INFORMATION CONTAINED ON THE SITE OR OTHERWISE UNDER ANY CIRCUMSTANCES, OR FOR ANY CONSEQUENCES RELATED TO CHANGES, RESTRICTIONS, SUSPENSION OR TERMINATION OF ACCESS TO OR USE OF THE SITE OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF DAMAGE CAUSED, IN WHOLE OR IN PART, BY ANY THIRD PARTY CLOUD SERVICE PROVIDER OR CLOUD SERVICE CONTRACTED BY NAV CANADA IN CONNECTION WITH HOSTING THE SITE.

Indemnification

You agree to defend, indemnify, and hold harmless NAV CANADA, its affiliates, partners, licensors, service providers, subcontractors, suppliers, and their respective officers, directors, employees, professional advisors and agents, from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses (a “Claim Against NAV CANADA”), including without limitation, reasonable legal and accounting fees, alleging or resulting from:

(a) your access to the Site;

(b) your use of or reliance upon the Site or Site content;

(c) your breach of these Terms of Use; or

(d) your breach of applicable laws or third-party rights in connection with your use of the Site;

provided NAV CANADA:

(a) promptly provides you written notice of the Claim Against NAV CANADA;

(b) gives you sole control of the defence and settlement of the Claim Against NAV CANADA (except that you may not settle any Claim Against NAV CANADA unless it unconditionally releases NAV CANADA of all liability); and

(c) gives you all reasonable assistance, at your cost and expense.

Use of Cookies

NAV CANADA uses "cookies" to collect information and track user patterns on its Site. A cookie is a small text file containing a unique identification number that identifies your browser (not you) to our Site each time you visit. Cookies allow NAV CANADA to assess which pages of our Site are visited and by how many people. Although the NAV CANADA Site 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 Site 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 © NAV CANADA. All rights reserved.

NAV CANADA and its licensors are the owner(s) of copyright in this Site and other intellectual property related to this Site. No portion of this Site, 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 on this Site is protected under the copyright and trademark laws of Canada and other applicable jurisdictions. The display of trademarks, trade names or design marks on this Site 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 Site for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices and otherwise comply with these Terms of Use.

Third Party Services (including Cloud Services), Collaboration with Third Parties and Third Party Links

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

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

You understand and agree that management and delivery of the Site to you may include or utilize third party products or services (collectively, “Third Party Services”).  Third-Party Services may include third-party providers and data centers and facilities that may be located outside of Canada, including in the United States and other jurisdictions. This means that information in connection with your use of the Site, including your personal information, may be subject to the laws and lawful disclosure requirements of the jurisdictions(s) where such information is transmitted or stored. NAV CANADA reserves the right to contract with third-party subcontractors to provide all or part of the Site, including cloud service or hosting solution providers, on behalf of NAV CANADA. NAV CANADA may change or replace such subcontractors at any time in its sole discretion.  NAV CANADA makes no representations or provides any warranties whatsoever with respect to any such Third-Party Services which are provided in accordance with their respective terms and conditions.

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 Site 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 these Terms of Use.

Prohibitions, Restrictions, Unlawful Behaviour

It is strictly prohibited:

(a) to copy or reproduce the Site or its content, data or underlying database, in whole or in part, directly or indirectly in any way and for any purpose, to share it with third parties or to sell, lend or lease it, unless express prior authorization has been granted by NAV CANADA;

(b) within the limits of the applicable law, to subject the Site to reverse engineering or to investigate in any way whatsoever the technical, practical or other requirements that the Site fulfils, or to determine the exact functioning of the Site;

(c) to adapt, translate or combine the Site, or underlying database, or the source code of the Site, in whole or in part, with any computer software, except where expressly agreed in writing in advance with NAV CANADA;

(d) to integrate the Site or underlying database into computer software; to develop (or to have developed) or to write (or to have written) derivative software or other software based on the Site or to outsource the development of derivative software or other software based on the Site;

(e) to change or remove in any way, notifications related to the origin of the Site, the (proprietary) rights of NAV CANADA associated with the Site;

(f) to remove or circumvent the security mechanisms of the Site in any way;

(g) to publish and/or reproduce the Site or its content in any way without the prior, express written permission of NAV CANADA;

(h) to send spam, marketing or unsolicited communications via the Site;

(i) to use the Site to disseminate inappropriate content, which is defined as including content that is obscene, indecent, pornographic, inflammatory, offensive, defamatory, libellous, threatening, profane or harmful to children, or content that incites racial hatred or terrorist acts, incites violence, incites the use of drugs, or incites any other behaviour contrary to good morals, public order and legislation;

(j) by any means, to send, retain, use or utilize within the framework of the Site, any data (including personal information) of natural persons, intellectual property rights of third parties, or other materials if such data, intellectual property rights or materials infringe the rights of third parties or are obscene, threatening, defamatory, illegal, or otherwise unlawful;

(k) to use the Site in any way that causes or may cause damage to the Site, or in any way that has or may have a negative impact on access to the Site, or the operation, use or availability of the Site;

(l) to introduce any harmful code into NAV CANADA systems or Site, such as, but not limited to, viruses, malware, Trojan horses, worms, and other malicious code, files, scripts, agents or programs;

(m) to disrupt the integrity and/or the operation of the Site, the underlying software and hardware, the network, the network services or network communication;

(n) to submit inaccurate or misleading information to NAV CANADA using the Site or to otherwise use the Site for fraudulent or illegal purposes; or

(o) to gain (or try to gain) unauthorised access to the Site or related systems or networks of NAV CANADA or third parties such as, for example, by using (ethical) hacking, man-in-the-middle attacks or (D)DoS attacks.

NAV CANADA and all parties involved in creating, producing or delivering this Site 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 NAV CANADA, 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 Site breaches any of the foregoing prohibitions, including without limitation, that it 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 Site. Any attempt by an individual to deliberately damage any part of this Site is a violation of criminal and civil laws and should such an attempt be made. NAV CANADA reserves the right to seek damages from any such person to the fullest extent permitted by law.

Language

This Site is available in both official languages (French and English) in accordance with Canada’s Official Languages Act.

User Feedback

If the Site is not available or does not work properly, you may at any time contact NAV CANADA via service@navcanada.ca to report issues. If you have a question or complaint regarding the Site, please send an e-mail to service@navcanada.ca.

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

By submitting feedback (comments, ideas, suggestions, etc.) you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place NAV CANADA under any fiduciary or other obligation; and NAV CANADA is free to use, disclose and otherwise exploit the feedback without any restriction and without additional compensation to you. By acceptance of your submission, NAV CANADA does not waive any rights to use similar or related feedback previously known to NAV CANADA, or developed by its employees, or obtained from sources other than you.

Compliance with Applicable Law

In addition to complying with these Terms of Use, you agree to use the Site (including Site content) for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations. The Site shall not be used where, and to any extent, such use is prohibited by law.

General Provisions

The following additional terms apply:

(a) Should any provision of these Terms of Use now or hereafter be, in whole or in part, void or non-binding for any reason, the remaining provisions of these Terms of Use shall remain fully applicable and binding. In such cases, NAV CANADA shall replace the provisions that are found to be invalid or non-binding.

(b)You may not transfer these Terms of Use or the rights and obligations resulting therefrom, either directly or indirectly, without the prior written consent of NAV CANADA.

(c) These Terms of Use replace all previous other agreements governing the subject matter hereof. NAV CANADA reserves the right to modify them at any time without notice. Any subsequent access or use of the Site constitutes implicit acceptance of the modified Terms of Use. If you do not agree with the changes made, you must stop accessing or using the Site.

(d) You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between NAV CANADA and you as a result of these Terms of Use or access or use of the Site.

(e) NAV CANADA shall not be responsible for a failure to fulfil its obligations under these Terms of Use or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, including without limitation acts of nature, acts of government, war, riots, strikes, epidemics, quarantines and accidents in transportation.

(f) The Site is administered by NAV CANADA from its offices in the Province of Ontario, Canada. By accessing or using the Site, you and NAV CANADA agree that all matters relating to access to, or use of the Site and all of the communications, transmissions and transactions associated with the Site shall be deemed to have occurred in the Province of Ontario and shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflicts of laws principals thereof. You and NAV CANADA also agree and hereby irrevocably submit and attorn to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario with respect to such matters.

(g) The failure of NAV CANADA to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. 

(h) The invalidity or unenforceability of any provision or covenant in these Terms of Use shall not affect the validity or enforceability of any other provision or covenant herein contained, and the Terms of Use shall be construed as if such invalid or unenforceable provision or covenant were omitted.

(i) Survival. Any terms which by their nature are intended to survive the termination of this Agreement shall continue in full force and effect after termination.

(j) Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. 

(k) These Terms of Use, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Code, constitutes the entire agreement between NAV CANADA and you with respect to the matters referred to in these Terms of Use and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between NAV CANADA and you with respect to such matters.

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

Internet Flight Planning System users (hereinafter “you”, “your” or “user”) accept these additional Terms and Conditions for use of CFPS application or application(s) (collectively, the “Application”) in addition to the terms and conditions set out in Item 1: Using this Website.

NAV CANADA grants the user  the right to access and use the Application for the sole purpose of filing a flight plan online with NAV CANADA pursuant to the provisions of these Terms of Use. 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 user.

All proprietary rights, including all intellectual property rights world-wide arising under the law, and whether or not perfected or registered, 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 any other 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 user hereby consents to NAV CANADA's use of the personal and confidential information provided by the user in connection with their use of the Application pursuant to these Terms of Use and the NAV CANADA's Privacy Code, including any information filed on any flight plan, for data handling/processing of the flight plan, Search and Rescue (SAR) purposes Safety and Quality reviews and investigations, and billing purposes.

Following reasonable notice to the user, 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 Application’s uninterrupted availability, no responsibility is assumed for interruptions of or delays in delivery of same.

General Restrictions on Use

The user agrees to the following restrictions on the access and use of the Application:

(a) Access to the Application is provided solely and exclusively for the internal use of the user. The user shall not provide access to the Application to any other person or entity including any affiliate of the user.

(b) The user acknowledges that the Application was compiled, revised, selected and arranged by NAV CANADA through the application of methods and judgement 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.

(c) The user acknowledges that NAV CANADA will, using its best efforts, operate and maintain the Application.

(d) The user agrees to co-operate with NAV CANADA and reasonably assist NAV CANADA in the protection of NAV CANADA’s intellectual property comprising the Application, including copyright and/or any other proprietary rights of the Application.

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

(f) The user agrees that it shall not attempt to copy, modify, reverse engineer, disassemble, decompile or decrypt the Application and that it shall not attempt to reconstruct, copy or prepare derivative works based on the Application.

(g) The user shall not remove, alter or obscure any proprietary notices on the Application or any printed extracts.

(h) The user is responsible for the protection and use of the user identifier (USERID), password, and access control items to be used by the Authorized User. The Authorized User shall be the only person authorized to use the Application and the Authorized User shall not be permitted to share the USERID or assigned password.

Termination

(a) NAV CANADA may terminate access to a registered user of the CFPS Application upon 30 days prior written notice to the user.

(b) If NAV CANADA determines, at its sole discretion, that the user has violated any of the terms and conditions contained in these Terms of Use, NAV CANADA shall have the right to unilaterally terminate these Terms of Use immediately.

Disclaimer of Warranties

(a) For greater certainty, 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 or performance of the Application will meet the user's requirements or purpose.

General

(a) 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 without notice to the user.

(b) Notifications. The user requests and authorizes NAV CANADA to inform the user from time to time of other services available from NAV CANADA.

(c) 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 user breaches any of the user 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.

ITEM 3: NAV CANADA INVESTOR RELATIONS

The following terms provide additional information related to the NAV CANADA Investor Relations portion of our Site.

The Investor Relations section of this Site is designed:

(a) To provide corporate information to help investors better understand NAV CANADA’s business, and

(b) To relay information about NAV CANADA’s financial performance.

Conditions of viewing this site

NAV CANADA maintains the Investor Relations section of this Site as an informational service. This Site is not intended to supplement or substitute for the legal disclosure for NAV CANADA 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 Site 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, performance or achievements to differ materially from those expressed or implied in such forward-looking statements.

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", “plan”, “approximate”, "project" and the like, as well as future or conditional verbs such as "will", “should”, “would” and “could”, or negative versions thereof, 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, epidemics or pandemics and related travel advisories, natural disasters, weather patterns, environmental concerns, cyber security attacks,  general aviation industry conditions, air traffic levels, fluctuations in interest and currency rate, changes in laws, tax changes, adverse regulatory developments or proceedings, lawsuits and other risks discussed in NAV CANADA'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 disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Disclaimer

In addition to other disclaimers of warranties contained in these Terms of Use, NAV CANADA hereby expressly disclaims any liability for errors or omissions in the information contained on this Site. Nothing on this Site constitutes, or will be deemed to constitute, a solicitation, offer, invitation or recommendation to invest, or otherwise deal, in securities of NAV CANADA. 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 Site. 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 on this Site 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 on this Site.

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 Site 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

NAV CANADA offers aeronautical information publications and products (hereinafter “NAV CANADA Products”) on this Site, including through the NAV CANADA online store (the “Store”) at http://products.navcanada.caOpen a new window.  In addition to the terms and conditions set out at Item 1: Using this Website, licensees, buyers and users of NAV CANADA Products (hereinafter “you”, “your” or “user”) must accept these additional Terms and Conditions.  NAV CANADA Products offered through the Store may also subject to NAV CANADA’s Aeronautical Information Products Terms and Conditions (“Aeropubs Terms and Conditions”), which are presented to licensees, buyers and users of NAV CANADA Products available through the Store at the time of license or purchase where applicable.

Use of Aeropubs on this Site

Unless otherwise indicated, all aeronautical publication information on this Site is provided for informational purposes only and shall not be used for any navigational purposes.

© NAV CANADA.  Aeronautical publication 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.

Non-Commercial Reproduction

Certain aeronautical publication 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 require, however, that:

(a) Licensees and users exercise due diligence to ensure the accuracy of the materials produced;

(b) NAV CANADA is identified as the original source of the information; and,

(c) 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 strictly prohibited.

Third-party Materials

Some of the materials and graphical elements found on the Site are subject to copyright and other intellectual property rights 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 Site.

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

To obtain information concerning copyright ownership and restrictions on reproduction of information or content on this Site, please contact NAV CANADA's Aeronautical Publications Sales and Distribution Unit (AEROPUBS) by email at aeropubs@navcanada.caOpen a new window

Limitation of Liability

Aeronautical information, NAV CANADA Products and other information provided on this Site are provided on an "as is" and “where 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 licensee, buyer or user of NAV CANADA Products, aeronautical information or other information contained on this Site 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.