Please read the terms and conditions of website use
carefully before using the GenAv Systems website (the
"Website"). Any use of this Website or the materials
or any portion thereof of the Website shall be governed by
these terms and conditions of website use. By using this
Website, you agreeing to be bound by all these terms and
conditions of use. If you disagree or do not wish to be bound
by these terms and conditions of use do not use this Website.
GenAv Systems ("GenAv") reserves the right at its
sole discretion to amend or change these terms and conditions
at any time and such amendments or changes shall be effective
as of the date in which they are posted on the Website. You
agree to be bound by such amendments and changes made from
time to time and your continued use of the Website shall
constitute agreement to be bound by these revised terms and
conditions of use.
1. Purpose of the Website
The purpose of this Website is to offer information General
Aviation related businesses and is not intended to meet the
needs of any particular user. This Website is controlled and
operated by GenAv from its offices within the Province of
British Columbia, Canada. GenAv makes no representation that
the Website and Website Materials are appropriate or available
for use in other locations. It is your responsibility to
ensure that your use of the Website is in compliance with
local laws and the extent to which local laws are applicable.
2. Ownership of Website and Website Materials
The Website, its design, images, and content is owned,
operated and is the exclusive property of GenAv and contains
copyrighted material, trademarks, and other proprietary
intellectual property. Copyright law, trademark law and other
intellectual property and proprietary rights legislation or
common law as well as international copyright treaties and
multilateral and bilateral agreements protect this Website.
Unauthorized reproduction of it, or any portion of it, may
result in severe civil and criminal law penalties. GenAv shall
enforce these intellectual property rights to the fullest
extent of the law.
3. Right to Use Website and Website Materials
You, as a user of this Website, are entitled to use the
Website and Website Materials for the sole purpose of informational purposes only.
The right to use the Website and Website Materials shall not
constitute any transfer of any right, title or interest in and
to the Website and Website Materials and such use shall not be
considered as granting, directly or indirectly, any license to
use the Website or Website Materials for any other purpose for
the user's benefit or the benefit of any third party without
the express written consent of GenAv.
4. Restrictions on Use
No information or material from the Website or Website
Materials may be reproduced, redistributed, republished,
uploaded, posted, transmitted in any manner whatsoever except
for the purpose specified in 3 above.
You shall keep all trademarks, copyright and other
proprietary notices or labels of the Website and Website
Materials intact.
You agrees that you shall not acquire any right, title or
interest in the Website and Website Materials through use of
the Website and agrees to abide by copyright and other
proprietary notices contained therein.
You agree not to copy, transfer, transmit, sublicense or
assign this license or transmit the Website or Website
Materials over a network, by telephone or electronically using
any other means.
You agree not to distribute to or otherwise disseminate
through the Website any material or information of any kind
that is libelous, defamatory, obscene, pornographic, abusive
or otherwise violates any law or infringes or violates any
rights of any other person or entity, or contains a
solicitation of funds, advertising, or solicitation for goods
and services.
5. Warranties and Representations
THE WEBSITE AND WEBSITE MATERIALS ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS,
STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, SUITABILITY FOR A PARTICULAR PURPOSE OR
ARISING FROM ANY COURSE OF DEALING OR USEAGE OF TRADE. The
entire risk of use of the Website or Website Materials is with
YOU. GenAv disclaims any representation or warranty that the
functions contained in the website and website materials will
meet your requirements or operate in the combination that you
may select for use, that the operation of the website or
website materials will be uninterrupted or error free, or that
in the website or website materials defects will be corrected.
No oral or written statement by GenAv or by a representative
of GenAv shall create a warranty or increase the scope of this
warranty. GENAV DOES NOT WARRANT OR MAKE REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY
OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
REPAIRS OR CORRECTION. SOME STATES OR PROVINCES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME
STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OF SUCH IMPLIED
WARRANTIES.
GENAV DOES NOT WARRANT THE WEBSITE OR WEBSITE MATERIALS
AGAINST INFRINGEMENT OR THE LIKE WITH RESPECT TO ANY
COPYRIGHT, PATENT, TRADE SECRET, TRADEMARK OR OTHER
PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES NOT WARRANT THAT
THE WEBSITE AND WEBSITE MATERIALS DOES NOT INCLUDE ANY VIRUS
TO PERMIT UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE
HARM SOFTWARE, HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH
ACTIONS.
GenAv specifically disclaims any responsibility for the
accuracy, content or availability of information found on
websites that link with this Website or from third parties
websites.
6. Limitation of Liability
By using the Website and Website Materials, you assume all
liability and risk for use and absolves GenAv of any liability
for use of the Website and Website Materials. In no event will
GenAv's liability to you extend to any lost of profits, lost
data, lost savings or other special, incidental, economic,
indirect or consequential damages arising out of the use or
inability to use the Website or Website Materials, or for any
claim by any other party, even if GenAv has been advised of
the possibility of such damages.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO,
NEGLIGENCE, SHALL GENAV BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF, OR INABILITY TO
USE, THIS WEBSITE. SOME STATES AND PROVINCES DO NOT ALLOW FOR
THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
7. Indemnification
You agree to indemnify GenAv from and against all claims,
liability and expenses, including legal fees and costs arising
from any unauthorized use of the Website and Website Materials
or from your breach of the Terms and Conditions of Use. You
agree to notify GenAv immediately upon becoming aware of any
unauthorized use of the Website or Website Materials and take
all reasonable steps to prevent subsequent unauthorized use.
GenAv reserves the right, in its sole discretion and at its
own expense, to defend any such action or claim and you agree
to co-operate fully with any such defence.
8. Website Information
You authorizes GenAv to collected information regarding
your use of the Website and to retain all such information.
You also authorizes GenAv to disclose all relevant information
relating to your dealings with the Website and Website
Materials for any purpose whatsoever. Should you not wish to
give such authorization, then you must notify GenAv to the
contrary by emailing us at webmaster@genavsystems.com.
Notwithstanding such notification, GenAv reserves the right at
all times to disclose such information about you or your use
of the Website and Website Materials necessary to meet any
law, regulation, government request or court order. You
acknowledge and agree that GenAv cannot ensure or gurantee
your privacy on the Website and as result any use of the
Website shall be at your sole risk.
9. Survival of Obligations
Your obligations pursuant to the provisions of 2,4,6 and 7
survive the termination of these Terms and Conditions of Use.
10. Feedback
All comments, feedback, information or materials submitted to
GenAv Systems through or in association with this Web Site shall be considered non-confidential and the company's property. By submitting comments, feedback, information or materials to the company, you agree to a no-charge assignment to the company of all worldwide rights, title and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. The Company shall be free to use such comments, feedback, information or materials on an unrestricted basis.
11. Termination
Your right to use this Website and Website Materials is
subject to your continued compliance with these Terms and
Conditions. This right shall terminated automatically without
notice should you breach of these Terms and Conditions. In the
event that these Terms and Conditions are terminated, you
agree to destroy all materials obtained by you from the
Website and any and all copies thereof.
12. General Terms
Any disputes under these Terms and Conditions of Use shall
be governed by the laws of the Province of British Columbia
and laws of Canada where applicable, without giving effect to
any conflict of laws principles. You expressly consent to the
exclusive forum, jurisdiction and venue of the courts of
British Columbia and the Federal Court of Canada, or any other
jurisdiction or courts as may be determined by GenAv.
These Terms and Conditions of Use and any directions,
policies, rules or guidelines posted on the Website shall
constitute the entire agreement between you and GenAv.
Should GenAv waive a provision or right under the
Agreement, such waiver does not constitute a waiver of any
other provision of the Agreement or any subsequent waiver of a
right or provision under this Agreement.
If any provision of this Agreement or any part of any
provision of this Agreement is held by a court of competent
jurisdiction, after appeals therefrom have been exhausted, to
be unenforceable then the remainder of this Agreement shall
continue to be of full force and effect.