All materials displayed or otherwise accessible through the Website(s), including, without limitation, news releases, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by the Authority, its licensors or the party accredited as the provider of the Content. In addition, the Website(s) is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website(s). Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the Internet, transmission, redistribution or other exploitation of the Website(s) of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of the Authority.
Disclaimer of Warranties
The Website(s) and all Content are provided as is for informational purposes only. By accessing and using the Website(s) you acknowledge and agree that use of the Website(s) and the Content is entirely at your own risk. The Authority makes no representations or warranties regarding the Website(s) and the Content, including, without limitation, no representation or warranty that: (1) the Website(s) and/or Content will be accurate, complete, reliable, suitable or timely; (2) any Content, including, without limitation, any airline flight information, data, software or service contained in or made available through the Website(s) will be of merchantable quality or fit for a particular purpose; (3) the operation of the Website(s) will be uninterrupted or error free; (4) defects or errors in the Website(s) will be corrected; (5) the Website(s) will be free from viruses or harmful components; and (6) communications to or from the Website(s) will be secure or not intercepted.
Limitation of Liability
Subject to applicable law, in no event shall the Authority, its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns, be liable for any direct, indirect, special, incidental, consequential or punitive damages of any kind, including, without limitation, any loss or damages in the nature of, arising from, caused by or relating to missed airline flights, delayed airline flights, lost property, lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if the Authority knew of or ought to have known of the possibility of such damages.
The Authority expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the Website(s), any advertiser or sponsor of the Website(s) or any party linking to the Website(s) with or without permission from the Authority (collectively, the “Third-Party User”). Under no circumstances shall the Authority and its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns, be liable for any injury, loss, damage (including direct, indirect, incidental, punitive, special or consequential damages) or expense arising in any manner whatsoever from (1) the acts, omissions or conduct of any Third-Party User; and (2) any use or inability to use any materials, software, content, goods or services located at or made available at any website linked to or from the Website(s).
If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the Website(s), you do so entirely at your own risk. You hereby release the Authority and its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them arising from your use of any goods or services made available through the Website(s) or by third parties through the Website(s).
The Website(s) contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the Authority of the contents of such third-party websites. The Authority is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation any representation or warranty (1) regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on any third-party website; (2) regarding the merchantability of fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (3) that the operation of the third-party websites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
The Authority reserves the right to prohibit or refuse to accept any link to the Website(s). You agree to immediately remove any link you may have to the Website(s) upon the request of the Authority.
Software Licenses and Ownership
All software embedded in or located on or at the Website(s), including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (the “Software”) is protected by copyright and may be protected by other rights. All such Software is owned by the Authority, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website(s), subject to (1) the terms and conditions of this Agreement, and (2) any additional conditions which may be imposed on your access and use of such Software.
Except to the extent expressly permitted in this Agreement, you shall not: (2) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (2) sell, rent, lease, license, transfer or otherwise provide access to the Software; (3) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (4) decompile, disassemble, decrypt, extract or reverse engineer the software or assist others in doing so.
Nothing contained in the Website(s) shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website(s) including, but not limited to, to any intellectual property rights in the Software.
The Website(s) may provide features that allow you to interact with the Authority and other users and to upload documents or other materials (collectively the “Submissions”). When using any of the features of the Website(s) which allow you to upload or make Submissions, it is a condition of your use of the Website(s) that you observe the rules of netiquette and that you do not: (1) restrict or inhibit any other user from using and enjoying the Website(s), interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of the Authority imposes an unreasonable or disproportionately large load on the Website(s)s infrastructure; (2) transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (3) transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rightsholder; (4) transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (5) transmit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (6) transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (7) transmit junk mail, chain letters, unsolicited mass mailing or spam; or (8) use the Website(s) for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
While the Authority is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website(s) and terminating the submitting party’s right to access and use the Website(s) (or any portion thereof).
You agree to indemnify, defend and hold harmless the Authority and its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns from and against any and all claims, actions, suits, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements, whether made by a third party or not, arising from or resulting directly or indirectly from your: (1) breach of any of the terms and conditions of this Agreement; (2) access, use or inability to access or use the Website(s) or any website to which the Website(s) is or may be linked to from time to time; (3) use of, reliance on, communication with, or distribution, uploading or downloading of anything on or from the Website(s); and (4) violation of any law or regulation.
Information sent or received over the Internet is generally unsecured, and the Authority cannot and does not make any representation or warranty concerning security of any communication to or from the Website(s), or any representation or warranty regarding the interception by third parties of personal or other information.
The Authority may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website(s) (or any portion thereof). The Authority may also terminate your right to access and use the Website(s), or any part of the Website(s), if you breach any term or condition of this Agreement.
Governing Law and Jurisdiction
The Website(s) (excluding linked websites) is owned and controlled by the Authority from its offices within the Province of Ontario, Canada. By accessing or using the Website(s), you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to the conflict of laws principles thereof. You agree and hereby submit to the jurisdiction of the courts of the Province of Ontario with respect to such matters.
Any consent by the Authority to, or waiver of, a breach of this Agreement which you have committed, whether expressed or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with the Authority that expressly reference this Agreement, this is the entire agreement between you and the Authority relating to the matters contained herein.
The Authority will use personal information collected to perform statistical analysis of user behaviour based on the Website(s) log files. This includes site usage patterns gathered during thousands of user visits to the Website(s) each month but does not contain identifying information about any individual.
Obtaining your consent
By using the Website(s), you give the Authority permission to collect, use and disclose (to third parties under contract to the Authority to provide certain services to the public) personal information about you including information that is collected by cookies. The information you provide helps us to see how the Website(s) is used in order to provide relevant content and make changes to our existing content to better serve you. By providing us with your personal information, you consent to the use of your personal information in accordance with this privacy statement. The Authority will not disclose any personal information to any third party, except as required by law and as is necessary to fulfill your request. In cases where you give personal information for a service performed by a third party under contract to the Authority, the information provided will be received directly by such third party solely for the purpose of providing the particular service to you.
Personal information submitted through 'contact us' is retained for the period of time it takes to respond to you. Upon request, the Authority will provide you with access to any personal information it has collected through its website. Requests for access to personal information should be sent via email through the 'contact us' portion of the website. Personal information will be updated or deleted at your request.
The Authority does not represent, warrant or guarantee that personal information is protected from loss or misuse, including misuse of third parties, nor the accuracy of the information provided. The Authority has taken security measures with respect to the storage of personal information in the attempt to maintain the safety of such information.
The Authority reserves the right to change this privacy statement at any time. Such changes will be posted on this page and in compliance with applicable federal privacy laws.