You agree that this Agreement will apply whenever you use the Website. If you do not agree with any of the terms of this Agreement, including any linked documents, do not use the Website.
“SunwingJets " reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current terms and conditions of the Agreement and all linked documents. Your continued use of the Website will indicate your acceptance of the current Agreement.
This Website is intended exclusively for your personal and non-commercial use. The content and data as well as the Website infrastructure used to provide such content and information, is proprietary to SunwingJets. As a condition of using the Website, you agree not to use its contents or information for any commercial or non-personal purpose. This Website may only be used for lawful purposes. As a condition of your use of the Website, you warrant to SunwingJets that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
Unless otherwise agreed upon, in writing, by SunwingJets, you may not commit any of the following acts either directly or indirectly:
SunwingJets, at our sole discretion, may terminate or restrict your access to all or any component of the Website SunwingJets.com at any time, regardless of whether or not access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the WebsiteSunwingJets.com. If you continue to access the Website after such termination, your use shall constitute an act of trespass.
Any cosmetic or functional part of the Website may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.
Privacy and Security
Intellectual Property Rights
All material contained on the Website, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the Website and any and all intellectual property rights associated therewith are exclusively owned by SunwingJets. User will not contest the validity of any trademark or SunwingJets' exclusive ownership of it.
User assumes the sole risk of making use of and/or relying on the information or services, made available by SunwingJets. SunwingJets makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the Website for any purpose. SunwingJets does not warrant that the Website will meet all of User's requirements or that performance of the Website will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the Website. All such information or services are provided "as is" without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, SUNWINGJETS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTIONS DISPLAYED ON THIS WEBSITE [INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, GENERAL DESCRIPTIONS, ETC.], MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUNWINGJETS AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME, FOR ANY REASON.
In no event shall SunwingJets or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for any information or services offered or available [or not available] through the Website, or otherwise arising out of the utilization of the Website, whether based in contract, tort, strict liability, or otherwise, even if SunwingJets has been advised of the possibility of damages.
User shall indemnify and save harmless SunwingJets and its affiliates against any liability, actions (including legal fees), claims, losses, costs and damages, which SunwingJets may incur, sustain or pay arising out of or in connection with the User's breach of any of the provisions of this Agreement, or any negligent or intentional act or omission, in relation to any incident alleged to have occurred in relation to services provided by SunwingJets. .
This Agreement has been made in and will be construed and enforced in accordance with Ontario law. Any action will be brought in the courts of the Province of Ontario, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by SunwingJets of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
Relationship Between the Parties
No joint venture, partnership, employment, franchise, or agency relationship exists between User and SunwingJets as a result of this Agreement or User's utilization of the Website.
This Agreement represents the entire agreement between User and SunwingJets with respect to the use of the Website. Any rights not expressly granted herein are reserved.
User may not assign its rights or delegate its obligations under this Agreement without SunwingJets' prior written consent.
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