Website Terms of Use
THIS AGREEMENT WAS LAST UPDATED ON AUGUST 3, 2011
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THIS AGREEMENT GOVERNS YOUR USE OF THE AIRDYNE WEBSITE. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE EXIT THE WEBSITE. AIRDYNE MAY REVISE AND UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR CONTINUED USE OF THE AIRDYNE WEBSITE WILL MEAN YOU ACCEPT THOSE CHANGES.
1. User Agreement
This Agreement constitutes your agreement with Airdyne Aerospace Inc. and/or Airdyne R&D Inc (collectively “AIRDYNE”) with respect to your use of the number of web sites available at or through various domains used, owned or operated by AIRDYNE from time to time, including but not limited to www.airdyne.org and its related database and content (the “Website”). As used in this Agreement, “we” and “us” means AIRDYNE or any successor or assign of AIRDYNE. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent.
As used in this Agreement “you” means you as a user of the Website and as an authorized representative of any entity you represent.
2. Right to Use
The Website may be accessed and used only by individuals who have accepted and agreed to this Agreement, reached the age of majority in their jurisdiction of residence, and can form legally binding contracts under applicable law. Certain portions of the Website may be accessed and used only by individuals who have been issued a password by AIRDYNE. AIRDYNE may in its absolute discretion refuse permission to access and use the Website. The Website may not be used by persons in jurisdictions where access to or use of the Website or any part of it may be illegal or prohibited.
Your right to use the Website is subject to any limitations, conditions and restrictions established by AIRDYNE from time to time, in our sole discretion. AIRDYNE may alter, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. AIRDYNE may also impose limits on certain features and aspects of the Website or restrict your access to parts or the entire Website without notice or liability.
3. Other Agreements
This Agreement is in addition to and supplements any written agreements (including without limitation all services agreements) that you or any persons you represent have with AIRDYNE (now or in the future) concerning your dealings with AIRDYNE, including services provided by AIRDYNE. This Agreement and all other agreements that you or any persons you represent have with AIRDYNE (now or in the future) together constitute the entire agreement regarding your access to and use of the Website. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with AIRDYNE, the provisions of this Agreement shall govern regarding your access to and use of the Website.
4. Permitted Use
The Website is made available to you for your lawful personal use only. You may only use the Website in the manner described expressly in this Agreement. AIRDYNE hereby grants to you a non-transferable and non-exclusive license to access, read and download one copy of the AIRDYNE content of this Website, provided that you retain any protection notices present on downloaded material.
You agree that:
(i) you will avoid a breach of this Agreement and any applicable law with respect your use of the Website;
(ii) you are exclusively responsible for ensuring that any required equipment or ancillary services are compatible with the Website and you shall be responsible for all charges incurred in connection with use of the Website in connection with all such equipment and ancillary services; and
(iii) the Website provides you with general information only and it is your responsibility to determine whether such information is relevant in each circumstance in which you will use such information.
5. Restrictions On Use
You agree that you will not:
(i) distribute the AIRDYNE Website content for any purpose including without limitation compiling a database, redistributing or reproducing the Website content;
(ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, imitate, reproduce, upload, post, transmit, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Website content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of AIRDYNE or its licensors or allow any third-party to access the Website content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law;
(iii) access any portion of the Website or content which you are not authorized to access; or
(iv) without limitation, post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Website or any other third party whatsoever.
You agree that any fraudulent, vulgar, offensive, harassing, objectionable, abusive, tortuous, criminal or otherwise illegal activity will be grounds for immediate suspension or termination by AIRDYNE of this Agreement and/or access to the Website, without notice or liability of any kind to you.
Data obtained from the Website may be subject to United States laws and regulations relating to exports and to all administrative acts of the U.S. Government pursuant to such laws and regulations. You agree to comply fully with all such export control laws and regulations as they may apply to AIRDYNE’s proprietary information disclosed via the Website and your direct use of such information. If the you improperly disclose export-restricted information, you shall indemnify and hold harmless the Discloser from all directly applicable and reasonably incurred resulting claims, demands, damages, costs, fines, penalties, attorney’s fees and all other expenses.
6. No Linking, Framing, Mirroring, Scraping, Data-Mining Or Postings
Linking to the Website without the express written permission of AIRDYNE is strictly prohibited. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any method is strictly prohibited.
You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
7. Privacy and Use of Information
YOU ACKNOWLEDGE THAT AIRDYNE CANNOT ENSURE THE SECURITY OR PRIVACY OF INFORMATION YOU PROVIDE THROUGH THE INTERNET AND YOUR EMAIL MESSAGES, AND YOU RELEASE US FROM ANY AND ALL LIABILITY IN CONNECTION WITH THE USE OF SUCH INFORMATION BY OTHER PARTIES.
AIRDYNE reserves the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Website, or of any AIRDYNE related products and websites.
8. Website Communications
All communications you submit through the Website must be true, accurate and complete. You authorize AIRDYNE to accept communications that it receives from you by means of the Website and respond to your communications by means of Internet communications, email or other communications. Communications you send to AIRDYNE by means of the Website are not delivered or effective unless and until they are processed by the responsible AIRDYNE representative.
9. Passwords
You will be given a username and password to access the permitted database portions of the Website. All passwords remain the property of AIRDYNE, and may be cancelled or suspended at any time by AIRDYNE in its absolute discretion, and without any notice or liability to you or any other person. The use of a password does not restrict AIRDYNE’ access to password-protected information. Only those authorized by AIRDYNE are eligible to receive a password. AIRDYNE can all access for any reason.
YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL AND NOT DISCLOSE IT TO ANY PERSON OR PERMIT ANY OTHER PERSON TO USE IT. You must take all reasonable precautions to maintain the secrecy of your password, including ensuring that any information stored on any computer with which you access the Website is protected against unauthorized access by other persons.
AIRDYNE is not required to confirm the identity or authority of any person using your password. AIRDYNE may act upon any communication that is given with the use of your password. AIRDYNE may, in its absolute discretion, require proof at any time of the authority of any person seeking to use your password, and may refuse to accept or act upon any communication if it is not satisfied with such proof.
YOU AND ALL PERSONS YOU REPRESENT ARE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL USE AND MISUSE OF YOUR PASSWORD. YOU MUST ENSURE THAT ALL USES OF YOUR PASSWORD COMPLY WITH THIS AGREEMENT. PASSWORDS MAY NOT PREVENT UNAUTHORIZED ACCESS TO DATA OR OTHER INFORMATION YOU MAY USE IN CONNECTION WITH THE WEBSITE. YOUR USE OF YOUR PASSWORD IS AT YOUR OWN RISK. YOU MUST NOTIFY AIRDYNE IMMEDIATELY AT INFO@AIRDYNE.ORG IF YOU KNOW OR SUSPECT THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR BECOME KNOWN TO OR USED BY ANY OTHER PERSON. UNTIL YOU GIVE SUCH NOTICE TO AIRDYNE AND AIRDYNE ACTUALLY RECEIVES AND PROCESSES IT, YOU AND ALL PERSONS YOU REPRESENT WILL CONTINUE TO BE JOINTLY AND SEVERALLY LIABLE FOR ALL AUTHORIZED OR UNAUTHORIZED USE OF YOUR PASSWORD.
10. Proprietary Information
The Website and all information (in text, graphical, video and audio forms), images, icons, software, designs, applications, calculators, models, data, inventions, drawings, publications, data files, copyrights, patents, trademarks and other elements available on or through the Website are the property of AIRDYNE and are protected by copyright, trademark, and other intellectual property laws. The Website contains information, which is proprietary to us, our partners, and our users. We assert full copyright protection in the Website. Information posted by us, our partners or users of the Website may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks, trade names and logos of their respective owners. Any use of the trademarks, service marks, trade names or logos displayed on the Website (collectively “Marks”), except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks.
11. Unsolicited Submissions
If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names (“Submissions”) to AIRDYNE or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to AIRDYNE and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of AIRDYNE or its successors and assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of AIRDYNE and its successors and assigns.
12. External Links
This Website may contain links to other sites (“Other Sites”). Other Sites are independent from AIRDYNE and AIRDYNE has no responsibility or liability for or control over Other Sites, their business, goods, services or content. AIRDYNE does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. A link to another site should not be construed to mean that AIRDYNE is affiliated or associated with same or that it recommends or endorses any of the content on such site.
13. Liability and Indemnity
AIRDYNE DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE (WHICH INCLUDES ALL CONTENT, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE).
IN NO EVENT WILL AIRDYNE, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF AIRDYNE OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, 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, OR COMPLAINTS MADE BY OTHER PARTIES AGAINST YOU. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENCE OF ANY CLAIM.
14. NO WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, LACK OF NEGLIGENCE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, QUALITY, RESULTS, SECURITY, SERVICE, TIMELINESS, TITLE, UNINTERRUPTED SERVICE, VIRUSES OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY AIRDYNE TO THE FULLEST EXTENT PERMITTED BY LAW. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE CONTROL OF AIRDYNE AND MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE.
15. Modifications to Website and Agreement
AIRDYNE assumes no obligation to update the content on the Website. The content on this site may be changed without notice to you. AIRDYNE is not responsible for any content or information that you may find undesirable or objectionable. AIRDYNE disclaims any liability for unauthorized use or reproduction of any portion of the Website. Accessing the content from territories where it may be illegal is prohibited.
AIRDYNE may modify or terminate this Agreement from time to time. Notification of changes in this Agreement will be posted on the Website or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Website. Your continued use of the Website now, or following the written notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and any disputes arising out of this Agreement will be subject to the courts of the Province of Alberta and the federal courts applicable within the Province. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of the courts in Alberta in respect of all disputes arising from this Agreement. 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.
17. Assignment
You do not have the right to assign this Agreement or any of your rights to the Website to anyone. AIRDYNE has the right to assign any or all of its rights and duties under this Agreement or to the Website to any third party. At the election of AIRDYNE, if AIRDYNE’ obligations hereunder are assumed by a third party, AIRDYNE shall be relieved of any and all liability under this Agreement.
18. Termination
This Agreement is effective until terminated by AIRDYNE, with or without cause, in AIRDYNE’ sole and unfettered discretion. We may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by AIRDYNE shall be in addition to and without prejudice to such rights and remedies as may be available to AIRDYNE, including injunction and other equitable remedies.
The disclaimers, limitations on liability, ownership, termination, warranty, governing law and assignment, your license to AIRDYNE for Submissions, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
19. Other Matters
This Agreement enures to the benefit of and is binding upon each of AIRDYNE and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties.
Any rights not expressly granted by this Agreement are reserved to AIRDYNE.
You expressly request and require that this Agreement be drawn up in the English language.
