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TERMS OF USE

AGREEMENT BETWEEN USER AND VISION AIR SERVICES INC.

Welcome to the Vision Air Services Inc. website. Please read these Terms and Conditions before using or submitting content in any form or medium through this website.

Vision Air allows you use of this website (the “Site”) on the following Terms and Conditions. By accessing this Site or viewing, downloading, copying or using any of the content on the Site (the “Site Content”), you warrant and represent to Vision Air Services Inc. that you are aware of these Terms and Conditions and are agreeing to be bound by them.

  1. No warranty

The Site and the Site Content are provided by Vision Air Services Inc. on an “as-is” and “as available” basis, without any representation, guarantee or warranty whatsoever, including any express or implied warranty as to merchantability or fitness for any particular purpose. Subject to the terms of our Privacy Policy, Vision Air Services Inc. does not make any representation, guarantee or warranty regarding the use or results of use of the Site, including any services requiring the transfer of information and data, whether in terms of their correctness, accuracy, reliability, uninterrupted use, security or otherwise. Vision Air Services Inc. does not warrant the functions, information or links provided on the Site.

  1. Limitation of Liability

You acknowledge that Internet usage is inherently risky and is subject to computer, system and network failure, and exposure to potentially harmful content that may cause damage to your computer hardware and software systems. While Vision Air Services Inc. will take reasonable measures to maintain the security of the Site and Site Content, YOU AGREE THAT YOU USE THIS SITE COMPLETELY AT YOUR OWN RISK AND THAT IN NO EVENT SHALL VISION AIR SERVICES INC. BE LIABLE TO YOU OR ANY PERSON CLAIMING UNDER OR THROUGH YOU, FOR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED. Further, you agree that UNDER NO CIRCUMSTANCES WILL VISION AIR SERVICES INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE resulting from or relating to your use of this Site, even if caused by the negligence, gross negligence or willful misconduct of Vision Air Services Inc. or its agents.

  1. Intellectual Property

Any and all content, information and data of any kind displayed on, contained in, or accessible through this Site is subject to copyright and other intellectual property rights of Vision Air Services Inc. or its licencors. Any unauthorized downloading, re-transmission or modification of Site Content is a violation of the intellectual property rights of Vision Air Services Inc. and its licencors.

  1. Use of the Site

You are permitted to use this Site and Site Content only for your own personal or educational use as a customer of Vision Air Services Inc. Written consent of Vision Air Services Inc. is required for any other use of the Site or Site Consent. You agree not to use the Site or Site Content in any manner that would breach any contract, duty, obligation or law, or infringe any party’s intellectual property rights.

  1. Indemnity

You agree to indemnify and save harmless Vision Air Services Inc., its directors, officers, employees and representatives from and against all claims, liabilities, costs and expenses, including legal cost on a solicitor and his own client basis, arising from any violation by you of these Terms and Conditions, or otherwise from your use of the Site and the Site Content.

  1. No Waiver

No failure by Vision Air Services Inc. to enforce the Terms and Conditions shall be deemed a waiver by Vision Air Services Inc. of its rights under these Terms and Conditions.  The Terms and Conditions may only be waived by Vision Air Services Inc. in writing. No waiver by Vision Air Services Inc. of a default under the Terms and Conditions shall operate or be construed as a waiver by Vision Air Services Inc. of any future defaults, whether of a like or different character, or of your obligations or liabilities under the Terms and Conditions.

  1. Changes to Terms and Conditions

Vision Air Services Inc. may, from time to time and in its sole discretion, make changes to these Terms and Conditions without notice. Your continued use of the Site shall constitute your acceptance of any amendments or additions to the Terms and Conditions.

  1. Governing Law

The Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of Nova Scotia, and the laws of Canada applicable in that Province. You agree that any disputes relating to your use of the Site and the Terms and Conditions will be adjudicated in and by the courts of the Province of Nova Scotia. Nothing in this section shall prevent Vision Air Services Inc. from commencing an action in any court of competent jurisdiction for damages and/or equitable relief against you for breach of the Terms and Conditions.

  1. Severability

Should any part of the Terms and Conditions be held by a court of competent jurisdiction to be unenforceable, then such part shall be severed from the Terms and Conditions and shall not affect the enforceability of the remaining Terms and Conditions.

  1. Terms and Conditions Binding

The Terms and Conditions shall be binding upon and benefit the respective heirs, executors, administrators, successors and permitted assigns of you and Vision Air Services Inc., including Vision Air Services subsidiaries and affiliates.