You Agree to These Terms by Using this Site
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:
(B) ACKNOWLEDGE THAT ANY OTHER AGREEMENTS BETWEEN YOU AND NAV CANADA ARE SUPERSEDED WITH RESPECT TO THIS SUBJECT MATTER; AND
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.
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.
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;
(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.
Trademark and Copyright
Copyright © NAV CANADA. All rights reserved.
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
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.
This Site is available in both official languages (French and English) in accordance with Canada’s Official Languages Act.
If the Site is not available or does not work properly, you may at any time contact NAV CANADA via firstname.lastname@example.org to report issues. If you have a question or complaint regarding the Site, please send an e-mail to email@example.com.
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
The following additional terms apply:
(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.
(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.
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.
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.
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.
(a) NAV CANADA may terminate access to a registered user of the CFPS Application upon 30 days prior written notice to the user.
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.
(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.
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
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.
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.
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.ca. 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.
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.
Reproduction of multiple copies of materials on this Site, in whole or in part, for the purposes of commercial redistribution is strictly prohibited.
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 firstname.lastname@example.org
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.