Fly West.ca

INTRODUCTION

This is an agreement between you and FlyWest.ca (also referred to as "FlyWest", “FlyWest.ca”, the “Website”, “We”, “Our”, “Ours”), and governs your use of the website and the services and products provided through the website ("Services").

Every access to, or other use of, this Website, signifies your acceptance and agreement, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed, or to which you may be directed, in connection with this Website or any of the Services, as such may be modified by FlyWest.ca from time to time (collectively the "Agreement"). Please note that the Agreement may be updated from time to time without notice to you, so please check this web page on every visit to the Website.

BY USING THE FLYWEST.CA SITE AND THE SERVICES OFFERED THROUGH IT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL RELATED POLICIES, CONDITIONS, TERMS, AND GUIDELINES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, OR DO NOT HAVE LEGAL STANDING TO AGREE TO AND ACCEPT THIS AGREEMENT, YOU MAY NOT USE THE FLYWEST.CA SITE.

ERRORS OR INACCURACIES

FlyWest employs its reasonable efforts to provide current and accurate information on the Website but the Website will from time to time contain errors or inaccuracies. FlyWest makes no representation or warranty whatsoever regarding the accuracy of the information accessible on or through the Website, in particular any information regarding rebates, discounts, deals or other promotions for any product or service. FlyWest cannot guarantee that goods or services advertised on the Website will be available on any terms and conditions (including price) described on or through the Website at any time. Further, FlyWest reserves the right to change the content available on and through the Website at any time without notice and without incurring any liability to you or any other person.

PRIVACY

FlyWest.ca collects, uses, and discloses your personal information in accordance with its Privacy Policy. By accepting this agreement, and each time you use the website, you consent to FlyWest’s collection, use and disclosure of your personal information in accordance with the Privacy Policy which can be found on FlyWest.ca

MODIFICATIONS

You acknowledge and agree that FlyWest reserves the right at any time to modify or discontinue the whole, or any part of, the Website and Services and this agreement, without notice to you, and that FlyWest will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.

NO ADVICE OR SOLICITATION

The website and services are provided for convenience and informational purposes only. The website and services are not intended to be a comprehensive or detailed statement concerning any matters addressed, and should not be use or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of, any product or service. You should apply your own judgment in making use of any products or services or content provided on or through the website, including, without limitation, the use of any information contained therein as the basis for any conclusion. You bear responsibility for your own research and decisions regarding the purchase of any product or service. FlyWest does not provide or guarantee any advice regarding the suitability or potential value of any particular product or service.

DISCLOSURE AND OTHER COMMUNICATION

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service or of any FlyWest related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.

NO WARRANTY OR RESPONSIBILITY

Your use of the website is at your own risk.

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY REPRESENTATION, WARRANTY OR CONDITION REGARDING THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLISED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FlyWest MAKES NO CONDITION, REPRESENTATION OR WARRANTY THAT: THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE WILL BE ACCURATE, COMPLETE, OR TIMELY; THE USE OF THE WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; OR THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON.

FURTHER, THROUGH YOUR USE OF THE WEBSITE AND SERVICES, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. FlyWest IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

GOVERNING LAW AND JURISDICTION

This Agreement is entered into in Ottawa, Ontario, Canada. You agree that it will be governed by the laws of the City of Ottawa, the Province of Ontario, and the Country of Canada and any disputes arising out of this Agreement will be subject to the courts of the City of Ottawa and the applicable provincial and federal courts. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Les parties acceptent d'un commun accord que la présente entente soit rédigée en anglais.

DISCLAIMER OF THIRD PARTY TRANSACTIONS AND CONTENT

The Website includes promotional information and advertisements relating to products and services of third parties ("Third Party" or "Third Parties") and may provide links to websites operated by third parties ("Third Party Site(s)"). FlyWest is an independent operation and does not endorse, and makes no representation or warranty in respect of: (a) any product or service of a Third Party; (b) any Third Party Site; or (c) any information, content, product or service available on or through a Third Party Site. Any correspondence, advertisement, purchase or promotion in relation to a Third Party, including without limitation the delivery of and the payment for Third Party products and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable Third Party. FlyWest has no liability, obligation or responsibility in relation to any such correspondence, purchase, promotion or other dealing between you and any such Third Party. FlyWest provides links to Third Party Sites only as a convenience. FlyWest has no control over, and is not responsible for, any Third Party Sites, or other linked sites, and their content. You agree that it is your responsibility to review and evaluate all the content on such Third Party Sites, and that any and all risk associated with the use of, or reliance on, such content rests with you. Links do not imply that FlyWest sponsors, endorses, or is affiliated or associated with any Third Party, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. FlyWest shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any content on any Third Party Site. Without limiting the foregoing, as between you and FlyWest, the provisions of this Agreement under the sections headed Disclaimer, Limitation of Liability, and Indemnity apply, with all necessary modifications, to your dealings with any Third Parties and/or access to, and use of, any Third Party Sites.

LIMITATION OF LIABILITY

FLYWEST WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON, BUSINESS, OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR ANY DAMAGES FOR LOSS OF USE, PRODUCTION, INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), SAVINGS OR GOODWILL, ECONOMIC LOSS, OR OTHER INTANGIBLE LOSS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THE SERVICES (INCLUDING THE USE, INABILITY TO USE , OR PERFORMANCE OF THE WEBSITE OR ANY SERVICES), AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY FLYWEST, ITS EMPLOYEE OR REPRESENTATIVES, AND NOTWITHSTANDING THAT FLYWEST MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY ACKNOWLEDGE THAT FLYWEST HAS ENTERED INTO THIS AGREEMENT, AND HAS AND WILL MAKE THE WEBSITE AND SERVICES AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FLYWEST. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF, A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

PLEASE NOTE THAT THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED BY LEGISLATION IN SOME JURISDICTIONS. SUCH LEGISLATIVE LIMITATIONS MAY APPLY TO YOU.

INDEMNITY

You agree to indemnify us, our officers, directors, employees, agents, affiliates, suppliers, licensors, licensees, co-branders, information providers, service providers, partner and other related parties from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

INTELLECTUAL PROPERTY

FlyWest, and applicable third parties, hold all right, title, and interest in and to the Website and associated content available on or through the Website, including without limitation all information in text, graphical, video and audio formats, images, icons, designs, software, applications ("Content"). You acknowledge that the Content is protected by Canadian and international copyright, patent, trademark, and other applicable intellectual property laws. You may print or download the pages of the Website solely for your lawful and personal use provided that you do not modify any of the Website pages or other Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Notwithstanding the foregoing, your use of the Website does not grant or transfer to you any ownership or other rights in the Website or any Content, and except as expressly provided, nothing herein or within the Website or any of the Services shall be construed as conferring to you or any other person any license under any of FlyWest's or any third party's intellectual property rights (whether by estoppel, implication, waiver, or otherwise), including without limitation any right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the Content in any manner.

LINKING AND FRAMING

FlyWest permits other websites to link to the Website but the framing of the Website or any of its content in any form and by any method is strictly prohibited. Further and notwithstanding the foregoing, FlyWest reserves the right to cancel and revoke the permission to any party to link to the Website at any time, for any reason, without any notice, and without any liability to such party or any other person.

COPYWRITE NOTICE

All information and content published on, or made available over, the Website are subject to copyright protection: Copyright 2010 FlyWest.ca. All rights reserved. Any copying, republication or redistribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of a duly authorized representative of FlyWest.

TRADEMARK NOTICE

All products, services, brands, company names and logos used on the Website are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Website without the express written consent of FlyWest.ca or the owner of the mark, as appropriate, is strictly prohibited.

SUBMISSIONS

You hereby grant FlyWest a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and unrestricted license to use, copy, adapt, transmit, publicly display and perform, distribute and create compilations and derivative works from, any and all content (in any format or media) you post on, or otherwise submit to, the Website ("Submission"), including any messages on FlyWest forums or discussion groups. You agree that FlyWest may preserve and disclose any Submission or other information associated with you or your account where required to do so by law or where such preservation or disclosure is reasonably believed by FlyWest to be necessary to ensure compliance with the law, enforce the Agreement or protect the rights and interests of FlyWest.

TERMINATION

If you breach any provision of this Agreement, you may no longer use the Website. FlyWest may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person. If this Agreement or your permission to use the Website is terminated by you or FlyWest for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Website and anything connected with, relating to or arising from such use. If you are dissatisfied with the Website, any of the Services, or with this Agreement, including any terms, conditions, rules, policies, guidelines, or practices of FlyWest in operating the Website and the Services, your sole and exclusive remedy is to discontinue using the Website and the Services. The Disclaimers, Limitation of Liability, and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

SEVERABILITY OF CLAUSES

If any one or more of the provisions in this agreement is held to be illegal, invalid or unenforceable in any respect, the same shall not in any respect affect the validity, legality or enforceability of the remainder of this agreement.

ASSIGNMENT

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. FlyWest has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of FlyWest, if FlyWest’s obligations hereunder are assumed by a third party, FlyWest shall be relieved of any and all liability under this Agreement

MISCELLANEOUS

This Agreement constitutes the entire agreement between FlyWest and you pertaining to your use of the Website and the Services and supersedes any prior agreements between you and FlyWest. FlyWest's failure to insist upon or enforce strict performance of any right or provision of the Agreement shall not constitute, or be construed as, a waiver of any right or provision. FlyWest may assign this Agreement and its rights and obligations under this agreement without your consent. Any rights not expressly granted by this Agreement are reserved to FlyWest. The provisions of this Agreement shall enure to the benefit of, and be binding upon, FlyWest and its respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les parties aux présentes ont expressément demandé que ce document et tous les documents s'y rattachant soient rédigés et signés en anglais.

RIGHT TO USE

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability. If you are a non-resident of Canada then your right to access the Services, and in particular log-in or access any database, is limited and restricted to a location situated outside of Canada. Any use of a database by a non-resident of Canada from a location within Canada is expressly prohibited.