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Beech Aero Club – Website Terms and Conditions

Beech Aero Club – Website Terms and Conditions

By accessing or using the website operated at https://www.beechaeroclub.org/

and such other locations as made available from time to time (collectively, the

“Website”) and the information and/or services offered through the Website, you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that

you have read, understand and agree to be bound by these Terms and Conditions

(the “Terms and Conditions”) with the Beech Aero Club (“BAC”, “us”, “we” or

“our”), in all respects with respect to the Website.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY

CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,

REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO,

VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.

Your use of the Website is subject to these Terms and Conditions. If you are not

willing to be bound by each and every term or condition, or if any representation

made herein by you is not true, you may not use, and must cease using, the

Website.

TERMS AND CONDITIONS

1. Privacy. You acknowledge that you have read the Privacy Statement located on the

Website at https://www.beechaeroclub.org/, as it may be updated from time to time

(the “Privacy Statement”), and hereby consent to the collection, use, disclosure and

retention by us of your personal information (whether previously collected or to be

collected) for the purposes identified therein. You also consent to our use of such

personal information in accordance with applicable terms and conditions contained in

the Privacy Statement, which is incorporated herein by reference and forms an integral

part of these Terms and Conditions.

2. Amendments to these Terms and Conditions. We reserve the right to amend

these Terms and Conditions at any time without notice to you, but we will use

reasonable efforts to publish each amendment before such amendment becomes

effective. We will ensure that the latest, fully amended version of these Terms and

Conditions is published on the Website. You are responsible for regularly reviewing

the Website to obtain timely notice of such amendments. If any amendment is

unacceptable to you, you may terminate the agreement between you and us regarding

the use of the Website as set out in these Terms and Conditions. If you continue to use

the Website after the effective date of each amendment, you will be conclusively

deemed to have accepted such amended version of these Terms and Conditions.

3. Legal Capacity. You represent and warrant that you possess the legal right, capacity

and ability to agree to these Terms and Conditions and use the Website in accordance

with them. We understand the importance of protecting children’s privacy online. The

Beech Aero Club website covered by these Terms and Conditions are not intentionally

designed for or directed at children 17 years of age or younger. It is the Beech Aero

Club’s policy never to knowingly collect or maintain information about anyone under the

age of 17. If you are using the Website on behalf of a corporation or other organization,

you represent and warrant that you have the ability to agree to these Terms and

Conditions on behalf of such organization and all references to “you” throughout these

Terms and Conditions will include such organization, jointly and severally with you

personally.

4. License. We grant to you a non-exclusive, non-transferable, limited license only to

use the Website, in accordance with the provisions set out in these Terms and

Conditions. All rights not expressly granted to you in these Terms and Conditions are

reserved by us and, if applicable, our licensors.

5. Your Account and Account Use. If your use of the Website requires an account

identifying you as a user of the Website (an “Account”), then,

a. Responsibility—you are solely responsible for

i. your Account and the maintenance, confidentiality and security of your

Account and all passwords related to your Account, and

ii.any and all activities that occur under your Account, including all activities of

any persons who gain access to your Account with or without your

permission

b. Notification—you agree to immediately notify us, to the extent that you are or

become aware, of

i. any unauthorized use of your Account, any service provided through your

Account or any password related to your Account, or

ii.any other breach of security with respect to your Account or any service

provided through it, and you agree to provide assistance to us, as requested,

to stop or remedy any breach of security related to your Account, and

c. Accuracy—you agree to provide true, current, accurate user information as

requested by us from time to time and you agree to promptly notify us of any

changes to this information as required to keep such information held by us

current and accurate.

6. Website Limitations. The Website depends on the Internet, including networks,

cabling, facilities and equipment that is not in our control; accordingly (i) any

representation made by us regarding access performance, speeds, reliability,

availability, use or consistency of the Website is on a “commercially reasonable efforts”

basis, (ii) we cannot guarantee any minimum level regarding such performance, speed,

reliability, availability, use or consistency, and (iii) data, messages, information or

materials sent over the Internet may not be completely private, and your anonymity is

not guaranteed.

7. Acceptable Use and Prohibitions.

a. Lawful Use. You will ensure that

i. you only use the Website for lawful purposes, and

ii. if at any time you become aware of any violation, by any person or entity,

of any part of these Terms and Conditions, you will immediately notify us

and provide us with assistance, as requested, to stop or remedy such

violation.

b. Prohibited Conduct. Without limiting the generality of any other restriction in

these Terms and Conditions, you agree that you will not, in connection with the

Website, directly or directly do or permit any of the following:

i. post, upload, reproduce, distribute or otherwise transmit any Content

(defined below) that

a. is unauthorized or unsolicited commercial communications, junk or

bulk communications or other “spam” (whether or not using e-mail

services, including instant messaging, blog or comment spam) or is

otherwise duplicative or unsolicited,

b. contains a virus, cancelbot, Trojan horse, worm or other harmful,

disruptive or surreptitious component,

c. is defamatory, infringing, or unlawful,

d. is inappropriate, profane, obscene, indecent, or contains information

without suitable or lawfully-required access controls (which controls will

in no event be our responsibility),

e. gives rise to civil liability, or otherwise violates the rights or assists

others to violate the rights of us or any third party, such violations

including engaging in copyright infringement, invasion of privacy,

trademark infringement or defamation, or

f. constitutes a criminal offence, or otherwise engages in or assists

others to engage in any criminal offence, including communicating

hatred, pyramid selling, unauthorized use of a computer, mischief in

relation to data, fraud, obscenity and child pornography;

g. engage in threats, harassment, intimidation, stalking or abuse or any

conduct that violates the legal rights of others, including the rights of

minors and rights relating to privacy and publicity;

h. scan or probe another computer system, obstruct or bypass

computer identification procedures or engage in unauthorized

computer or network trespass without the express permission of the

owners of such computer systems;

i. forge headers or otherwise manipulate any protocols or identifiers

used in any system or protocol in such a manner to disguise the origin

of any data transmitted using the Website;

j. impersonate or falsely represent your association with any person,

including a representative of us;

ii. disrupt or threaten the integrity, operation or security of any Website, any

computer or any Internet system;

iii. disable or circumvent any access control or related process or procedure

established with respect to the Website;

iv. sublicense, share, resell, reproduce, copy, distribute, redistribute, or

exploit for any commercial purposes (except for your internal personal

purposes), any portion of, use of or access to the Website, except where

expressly authorized by us; or

v. extract, gather, collect, or store personal information about others without

their express consent.

c. Our Remedies. Without limiting any of our rights, we may suspend, restrict or

terminate your use of the Website without notice if, in our sole and absolute

discretion, we determine or believe that you have violated any of the acceptable

use rules set out above.

8. Proprietary Rights.

a. Content—”Content” means all materials and content, including designs,

editorial, text, graphics, audiovisual materials, multimedia elements, photographs,

videos, music, sound recordings, reports, documents, software, information,

formulae, patterns, data and any other work.

b. Third-Party Content—Content accessed or available through the Website or

the Internet may be owned by parties other than you or us (collectively, “Third

Party Content”) and may be protected by applicable copyrights, trade-marks,

patents, trade secrets or other proprietary rights and laws. Nothing in your use of

the Website or these Terms and Conditions grants you any right, title or interest in

or to this Third Party Content except for the limited right to use the Website as set

out in these Terms and Conditions. The Website may contain links to Third Party

Content on websites operated by parties other than you or us (“Third Party

Websites”). We are under no obligation to verify the accuracy of the contents on

Third Party Websites, and we do not endorse, warrant, promote or recommend

any services or products that may be offered by or accessed through such Third

Party Websites or the operators of them.

c. Our Content—Except where expressly stated otherwise, all right, title and

interest in and to the Website and all Content, source code, processes, designs,

technologies, URLs, domain names, marks and logos forming any part of the

Website (collectively, “Our Content”) is fully vested in us, our licensors or our

suppliers and are protected by applicable copyrights, trade-marks, patents, trade

secrets or other proprietary rights and laws. You agree that Our Content is

licensed subject to the terms of these Terms and Conditions, including the

disclaimers and limitations of liability herein. Nothing in your use of the Website or

these Terms and Conditions grants you any right, title or interest in or to Our

Content except the limited right to use the Website as set out in these Terms and

Conditions. Unless otherwise expressly authorized by us in writing, you agree not

to

i. copy, modify, deep link, rent, lease, loan, sell, assign, sublicense, grant a

security interest in or otherwise transfer any right or interest in Our Content

ii. distribute, create a derivative work of, reverse engineer, reverse assemble

or otherwise attempt to discover the source code, of Our Content, to the

maximum extent that such prohibition is permitted by applicable law

iii. remove any proprietary notices or labels on or in Our Content, or

iv. allow any other person or entity to engage in any of the foregoing.

d. Your Content—We do not claim ownership of any Content that you post,

upload, input, provide, submit or otherwise transmit to us, or any third party, using

the Website (collectively, “Your Content”); however, you agree that by posting,

uploading, inputting, providing, submitting, entering or otherwise transmitting your

Content to us or any third party using the Website,

i. License to Us—You have thereby granted us a royalty-free, nonexclusive,

worldwide, fully paid-up limited license to use, copy, distribute,

transmit, display, edit, delete, publish and translate Your Content to the

extent reasonably required by us to provide the Website to our customers or

to ensure adherence to or enforce the terms of these Terms and Conditions,

ii. Your Warranty to Us—You will have thereby confirmed, represented and

warranted to us that you have all rights, titles and interests, as well as the

power and authority necessary, to grant the license to Your Content set out

above, and

iii. Your Indemnity of Us—You will indemnify and save us harmless from

and against any liabilities, actions, proceedings, claims, causes of action,

demands, debts, losses, damages, charges and costs, including reasonable

legal costs, any amount paid to settle any action or to satisfy a judgment and

expenses of any kind and character whatsoever incurred by us relating to or

arising from Your Content, including instances where the Your Content (A)

infringes any Third Party Content or other third-party intellectual property

rights, or (B) is inappropriate, profane, defamatory, infringing, obscene,

indecent or unlawful.

e. Advertising—We will have the right, without notice, to insert advertising data

into the Website, so long as this does not involve our transmission of any of your

personal information in contravention of our Privacy Statement.

f. Public Transmission and Caching—You acknowledge and agree that our

management and delivery of the Website to you may involve transmission and

storage of Your Content and other Content to select service providers, including

cloud service providers, which may be located outside of Canada, and therefore

may be subject to the laws and lawful disclosure requirements of the

jurisdictions(s) where Your Content and other Content is transmitted or stored.

You further acknowledge and agree that Your Content may be subject to

“caching” or other technical processing or transmission policies and procedures by

us or at intermediate locations on the Internet.

g. Deletion of Your Content—If you delete the account to which Your Content is

connected, or request deletion of your account to which Your Content is

connected, you acknowledge and agree that we may retain a copy or copies of

same for archival or compliance purposes or to otherwise provide the Website to

you or others, in accordance with our retention policy as referenced in our Privacy

Statement, and subject always to your license to us set out above.

h. Disclosure to Third Parties— You agree that we may, without notice or

liability, disclose to third parties, including, but not limited to, third party service

providers, servers, and/or potential acquirers, any of Your Content; monitor use of

the Website and monitor, review and retain Your Content if we believe in good

faith that such activity is reasonably necessary to provide the Website to

customers, ensure adherence to or enforce the terms of these Terms and

Conditions; comply with any laws or regulations; respond to any allegation of

illegal conduct or claimed violation of third party rights; or protect us or others.

i. Compliance and Complaints – We do not have any obligation to censor or

review any of Your Content, to censor or review any Third-Party Content, or to

monitor use of the Website. However, if we receive a complaint relating to use of

the Website by you, you acknowledge and agree that we may, in our sole and

absolute discretion and without notice or liability, investigate the complaint,

restrict, suspend or terminate any service involved, or remove Your Content from

our servers.

9. Termination of Accounts. We may, in our sole discretion, suspend, restrict or

terminate your Account and your use of the Website, effective at any time, without

notice to you, for any reason, including because the operation or efficiency of the

Website or our or any third party’s equipment or network is impaired by your use of the

Website, we have received a third party complaint which relates to your use or misuse

of the Website, or you have been or are in breach of any term or condition of these

Terms and Conditions. We will have no responsibility to notify any third party, including

any third party providers of services, merchandise or information, of any suspension,

restriction or termination of your access to the Website.

10. DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES.

a. USERS ACKNOWLEDGEMENT—YOU ACKNOWLEDGE AND AGREE THAT:

(i) ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN

RISK;

(ii) THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH

ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE

INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT,

INVESTIGATION OR VERIFICATION BY US OF SUCH WEBSITES OR

THE INFORMATION CONTAINED THEREIN; AND

(iii) THE WEBSITE PROVIDED UNDER THESE TERMS AND

CONDITIONS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

b. DISCLAIMER OF WARRANTIES—WE MAKE NO CONDITIONS,

WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY,

RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE,

AVAILABILITY, TIMELINESS OR ACCURACY OF THE WEBSITE UNDER

THESE TERMS AND CONDITIONS. WE EXPRESSLY DISCLAIM ALL

CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED

OR STATUTORY, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF

ACCURACY AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF

TRADE, BY COURSE OF DEALING, BY COURSE OF PERFORMANCE, AT

LAW, IN EQUITY, BY STATUTE OR OTHERWISE HOWSOEVER.

c. NO LIABILITY—NOTWITHSTANDING ANY OTHER PROVISION OF THESE

TERMS AND CONDITIONS, IN NO EVENT WILL WE, WEBSITE COMMITTEE

MEMBERS, OR OUR AGENTS AND EMPLOYEES, (COLLECTIVELY, IN THESE

CAPITALIZED SECTIONS, “WE” OR “US”) BE LIABLE FOR ANY DIRECT,

INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE

DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER,

INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY,

EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR

RELATED TO THESE TERMS AND CONDITIONS OR THE USE, OR NON-USE

OF THE WEBSITE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF

ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR

LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i)

ANY LOSS OR DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT

OF USE OR NON-USE OF THE WEBSITE OR RELATED COMPONENT; (ii)

DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NONDELIVERY,

INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE

WEBSITE.

d. APPLICABILITY—SOME JURISDICTIONS PROHIBIT THE DISCLAIMER OF

CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN

TYPES OF LIABILITY. IN SUCH CIRCUMSTANCES, TO THE EXTENT THAT

SUCH PROHIBITIONS PROHIBIT ANY EXCLUSIONS AND LIMITATIONS IN

THESE TERMS AND CONDITIONS, SUCH EXCLUSIONS AND LIMITATIONS

WILL NOT APPLY TO YOU STRICTLY TO THE EXTENT NECESSARY TO

MAKE THESE TERMS AND CONDITIONS CONSISTENT WITH SUCH

PROHIBITIONS.

GENERAL TERMS

11. Enforceability. Your use of the Website and the content and features accessed

through the Website constitute your electronic signature to the agreement set out in

these Terms and Conditions and your consent to enter into agreements with us

electronically. This Agreement will be deemed to satisfy any writings requirements of

any applicable law, notwithstanding that the agreement set out in these Terms and

Conditions is written and accepted electronically. All contracts between you and us

completed electronically will be deemed for all legal purposes to be in writing and legally

enforceable as a signed written agreement.

12. Interpretation. In these Terms and Conditions, (i) the captions and headings are for

convenience only and do not constitute substantive matter and are not to be construed

as interpreting the contents of these Terms and Conditions, (ii) the word “including”,

the word “includes” and the phrase “such as”, when following a general statement or

term (whether or not non-limiting language such as “without limitation” or “but not limited

to” or other words of similar import are used with reference thereto), is not to be

construed as limiting, and the word “or” between two or more listed matters does not

imply an exclusive relationship between the matters being connected, and (iii) all

references to website addresses or URLs will also include any successor or

replacement websites containing substantially similar information as the referenced

website(s).

13. Waiver of Rights and Remedies. Our failure to insist upon or enforce strict

performance of any provision of these Terms and Conditions will not be construed as a

waiver of any provision or right. Neither the course of conduct between you and us nor

trade practice will act to modify any provision of these Terms and Conditions. Our rights,

powers and remedies in these Terms and Conditions, including without limitation the

right to suspend, restrict or terminate any use of the Website, are cumulative and in

addition to and not in substitution for any right, power or remedy that may be available to

us at law or in equity.

14. Severability. If any provision of these Terms and Conditions is determined to be

invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach

only to such provision or part thereof and the remaining part of such provision and all

other provisions hereof will continue in full force and effect.

15. Limitation Period. Any cause of action you may have with respect to these Terms

and Conditions or the Website must be commenced within one year after the claim or

cause of action arose, or it will be barred.

16. Notices. Any notice, consent, waiver, approval, authorization or other

communication to be delivered in connection with these Terms and Conditions

a. by us to you will be deemed to have been effectively and validly given if

delivered or sent to any of the contact particulars then listed in your Account;

b. by you to us will only be deemed to have been effectively and validly given if in

writing and delivered or submitted to the Beech Aero Club WEBMASTER.

17. Assignment and Inurement. We may at any time assign our rights and obligations

under these Terms and Conditions, in whole or in part, without notice to you. You may

not assign these Terms and Conditions without our prior, written consent. These Terms

and Conditions will inure to the benefit of and bind you and us and our respective

personal and legal representatives, successors and permitted assigns.

18. Relationship. You agree that no joint venture, partnership, fiduciary, employment or

agency relationship exists between us and you as a result of these Terms and

Conditions or use of the Website.

19. Force Majeure. Neither party will be responsible for a failure to fulfil its obligations

under these Terms and Conditions or for delay in doing so if such failure or delay is due

to circumstances beyond its reasonable control, such as acts of nature, acts of

government, war, riots, strikes and accidents in transportation.

20. Entire Agreement. These Terms and Conditions, as amended from time to time,

including any and all documents, websites, rules, terms and policies referenced herein,

including but not limited to the PRIVACY POLICY, constitutes the entire agreement

between us and you with respect to the matters referred to in these Terms and

Conditions and supersedes all prior and contemporaneous agreements and

understandings, whether electronic, oral or written, between us and you with respect to

such matters.

21. English Language. The parties have agreed that these Terms and Conditions and

all documents relating there to be drawn up in English.

Thank you for adding to the resources available for your Fellow BAC Members.