TERMS AND CONDITIONS

I agree with the following NAV CANADA Terms and Conditions for access to the NAV CANADA e-commerce store (the "Store"). I understand that these Terms and Conditions do not relieve me of any responsibility with regards to usage of NAV CANADA Product(s) or regulatory compliance in respect of these products.

1. Rights Granted

(a) NAV CANADA grants the Customer the right to access the Store for the purpose of accessing and purchasing NAV CANADA Products for the Customer's own use pursuant to the provisions of this Agreement. Any access to the Store may be controlled or may be otherwise subject to limitations on the type of activity that may be conducted by the Customer.

2. General Restrictions on use of the products

The Customer agrees to the following restrictions on the use of the products:

(a) Access to the Store, and provision of the products is provided solely and exclusively for the Customer's own use.

(b) The Customer acknowledges that the products were compiled, revised, selected and arranged by NAV CANADA through the application of methods and judgement developed and applied through the expenditure of substantial time, money and effort, and constitute valuable intellectual property, including copyright and protected compilations of NAV CANADA.

(c) The Customer agrees to cooperate with NAV CANADA and protect the intellectual property, including copyright and/or any other proprietary rights of products. The Customer shall not remove, alter or obscure any proprietary notices on the products or any printed extracts.

(d) The Customer shall however have the right to print single copies of the products obtained, using the Store. and utilize same in the normal course of its business.

(e) The Customer agrees that it shall not attempt to modify, reconstruct, or prepare derivative works based on the products.

(f) The Customer is responsible for the protection and use of the user identifier (USERID), password, and access control items to be used by the Customer, or in case of a corporate person, the authorized designated user. The authorized designated authorized user shall be the only person authorized to access the Store. The Customer and the authorized designated user shall not be permitted to share the USERID or assigned password.

(g) All or part of the Customer's information may be processed in a jurisdiction outside of Canada. NAV CANADA uses appropriate and adequate safeguards to protect Customer's personal information collected, used or disclosed as a result of this Agreement, against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, regardless of the format or the location in which it is held. Nav Canada's policies and procedures with respect to personal information can be found at:
NAV CANADA Privacy Policy

3. Disclaimer of Warranties; Limitation of Liability

(a) There are no understandings, representations, warranties, covenants, conditions, promises, guarantees or agreements, express or implied, statutory or otherwise, or arising from a course of dealing or usage of trade, relating to the Store or the products, including but not limited to any implied warranty of merchantability or fitness or adequacy for any particular purpose or use, or of quality, productiveness, capacity or accuracy. In no event shall NAV CANADA be liable for any indirect, incidental, special, consequential or punitive damages occurring out of or in connection with the delivery, use or performance, or failure thereof, of the Store, or provision of the products or arising from the negligence of NAV CANADA, its employees, contractors, officers, directors or consultants, or from a fundamental breach, even if NAV CANADA has been advised of the possibility of such damages. Without limiting the generality of the foregoing, NAV CANADA does not warrant that the Store will perform uninterrupted or error free, that any deficiency can or will be corrected, or that the functions or performance of the Store will meet the Customer's requirements.

(b) If the Store malfunctions or fails to perform properly or at all, or if any employee or agent of NAV CANADA is negligent and the malfunction, failure or negligence is a cause of inadequate results obtained by the Customer, then the Customer's exclusive remedy is to discontinue the use of the Store, and utilization of the products, and NAV CANADA shall not be liable in any way.

(c) The Customer agrees to indemnify and save harmless NAV CANADA from and against all claims, demands, losses, costs, damages, actions, suits or other proceeding by any person made, sustained, brought or prosecuted in any manner based upon or attributable to anything done or omitted to be done by the Customer, or its officers, employees, agents and contractors, in connection with the Customer's obligations under this Agreement.

4. Termination

(a) NAV CANADA may terminate this Agreement by 30 days written notice to the Customer.

(b) In the event that NAV CANADA determines, at its sole discretion, that the Customer has violated any of the terms and conditions contained in this Agreement, NAV CANADA shall have the right to unilaterally terminate the Agreement immediately.

5. General

(a) Changes. NAV CANADA may from time to time, and in its sole discretion, change the content or format of the Store in accordance with general changes made to its standard service offering. The terms and conditions applicable to use of the Store may be changed from time to time upon reasonable notice to the Customer.

(b) Assignment. This Agreement and any rights arising out of this Agreement may not be assigned in whole or in part by the Customer without the written consent of NAV CANADA.

(c) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and supersedes all prior agreements, understandings, representations, negotiations and discussions, whether oral or written, of the parties hereto, and there are no warranties, representations or other agreements between the parties hereto in connection with the subject matter hereof except as specifically set forth herein. No waiver, alteration or amendment of this Agreement shall be effective unless authorized by an authorized representative of NAV CANADA. The terms and conditions in this Agreement shall prevail notwithstanding any variance with the terms and conditions of any order submitted by the Customer.

(d) Force Majeure. NAV CANADA shall not be liable for any default or delay resulting from circumstances beyond its reasonable control.

(e) Notifications. The Customer requests and authorizes NAV CANADA to inform the Customer from time to time of other services available from NAV CANADA.

(f) Jurisdiction. The terms of this Agreement shall be construed according to the laws of and shall be subject to the non- exclusive jurisdiction of the courts of Ontario, Canada. The Customer agrees to commence any action relating to or arising from this Agreement in such courts.

(g) Survival. Any terms which by their nature are intended to survive the termination of this Agreement shall continue in full force and effect after termination, which terms shall include, but not be limited to article 8 (Disclaimer of Warranties; Limitation of Liability).

(h) Severability. The invalidity or unenforceability of any provision or covenant in this Agreement shall not affect the validity or enforceability of any other provision or covenant herein contained, and this Agreement shall be construed as if such invalid or unenforceable provision or covenant were omitted.

(i) Action. No action, regardless of form, arising out of or pertaining to the Store or the products may be brought by the Customer more than one (1) year after the cause of action, its discovery by the Customer or such time as it should have reasonably been discovered by the Customer.

(j) French Language. The parties hereby confirm their express wish that this Agreement and all documents relating thereto be drawn up in English only. Les parties aux présentes confirment leur volonté que le présent contrat de même que tous autres documents s'y rapportant soient rédigés en anglais seulement.