Acceptance of our Terms By downloading or using the APS Aviation Inc. (“APS”) Holdover Times app (the “Application”) or by viewing, accessing or otherwise using any of the services and/or data on or derived from the Application, you agree to be bound by the following Terms and Conditions of Service (the “Terms”). If you do not wish to be bound by these Terms, your only option is not to download, view or otherwise use the services and/or data of the Application. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and APS.
Provision of Services You agree and acknowledge that APS is entitled to modify, improve or discontinue any of the services contained or derived from the Application at its sole discretion and without prior notice to you, neither compensation of any kind, even if it may result in you being prevented from accessing any information contained in the Application.
Proprietary Rights You acknowledge and agree that the Application may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties, all of which are owned by APS or its licensors. APS authorizes you to view and make a single copy of portions of the contents of the Application for offline, personal, non-commercial use only. APS content may not be sold, reproduced or distributed without APS’s explicit prior written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application in any manner, and you shall not exploit or commercialize the Application in any unauthorized manner whatsoever. You shall not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or any updates, or any part thereof, released from time to time. Any attempt to do so is a violation of the rights of APS and its licensors. In the event of any breach of these Terms, you may be subject to prosecution and damages. The license granted to you for the use of the Application as set forth herein is limited to a non-transferable license to use same on any product running iOS (“iOS Devices”) that you personally own or control and as permitted by these Terms. This license does not allow you to use the Application on any Apple Device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.
Termination of Agreement These Terms will continue to apply unless terminated by either party providing the other party with 10 days written notice. Notwithstanding the foregoing, APS may terminate these Terms by providing written notice to you with immediate effect in the event you breach any of the terms and conditions contained herein. Terms that are to continue in perpetuity shall be unaffected by the termination of these Terms.
Disclaimer of Warranties You understand and agree that your use of the Application is entirely at your own risk and that APS’ services are provided on an “As Is” and “As Available” basis. APS does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the Application, or the information, content, materials, or products contained within. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted, free from loss, corruption, attack, viruses, trojans, interference, hacking or other security intrusion, or error-free or that defects in the service will be corrected.
Limitation of Liability You understand, agree and accept that APS and its subsidiaries or affiliates, and their respective directors, officers, employees, agents, contractors or licensors shall be held harmless and in no event shall be liable for any direct, indirect, incidental, consequential, or exemplary damages or other damages based in contract, tort or otherwise arising from your use, or inability to use, the Application including, without limitation, loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or loss of information or data, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not APS has been advised of or should have been aware of the possibility of such damages. APS shall have no liability with respect to the content of the Application or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, personal injury, loss of privacy, moral rights or the disclosure of confidential information. To the extent permitted by law, as an “Authorized User”, you cannot sue or recover any damages from APS, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of APS’ decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Application service, or to take any other action during the investigation of a suspected violation or as a result of APS’ conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms. APS’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision. APS will not be responsible for failures to fulfill any obligations due to causes beyond its control.
External Content The Application may include links or programming interfaces to third-party content, or websites which are offered as a courtesy and convenience to the user. You acknowledge and agree that APS is not responsible for the accuracy of third party content nor does it endorse any advertising, products or resource available from such resources or websites. Without limiting the generality of the foregoing, you acknowledge that the third-party software, data and/or documentation may include inaccuracies and that your continued use of third party content is entirely at your own risk, with the understanding that the third party source data and/or documentation shall take precedence over the third party content displayed in this Application.
Jurisdiction and Applicable Law These Terms shall be governed, construed and enforced in accordance with the substantive laws of the Province of Quebec without giving effect to its conflict of law provisions and you expressly consent to the jurisdiction of the Montreal courts located in the Province of Quebec on all matters arising out of or related to these Terms as solely determined by APS to resolve any legal matter arising from these Terms or related to your use of the Application. You agree to comply with all local, provincial, municipal, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Application.
Changes to the Terms APS reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of the Application after any changes to Terms will confirm your agreement to be bound by them.
Disclaimer APS is not affiliated with Apple Inc. iPad, iPhone and all other Apple product names are trademarks or registered trademarks of Apple Inc., registered in the U.S. and other countries. All other company and product names are trademarks or registered trademarks of their respective companies. The Application is not owned by, licensed by or a subsidiary of Apple Inc. The content of the Application is not supplied or reviewed by Apple Inc.
Consent to Use of Data You agree that APS may collect and use technical data and related information including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the Application. APS may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. APS reserves the right to take steps APS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that APS has the right, without liability to you, to disclose any Account information to law enforcement authorities, government officials, and/or a third party, as APS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to APS’s right to cooperate with any legal process relating to your use of the Application, and/or a third-party claim that your use of the Application is unlawful and/or infringes such third party’s rights.
Entire Agreement You understand, agree and accept that the above Terms constitute the entire general agreement between you and APS and governs your use of the Application and supersedes any prior agreements between you and APS. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
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