“NAMPA VALLEY HELICOPTERS” WEBSITE TERMS OF USE

Reference anywhere on this website (the “Site”) to “NAMPA VALLEY” means, as the specific context may require, either Nampa Valley Helicopters Inc. or Heliwelders Canada Ltd. and all, or one or more, of its affiliated companies or subsidiaries.

last modification: December 16, 2020

Terms of Use and Legal Restrictions

ATTENTION: YOUR ACCESS TO THIS SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS (“TERMS OF USE”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THEY CONTAIN DISCLAIMERS OF WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES AND ENDORSEMENTS; EXCLUSIONS AND LIMITATIONS OF LIABILITY; WAIVERS OF RIGHTS AND ACCEPTANCE OF RISKS IN RELATION TO ACCESS TO AND USE OF THIS SITE AND THE INFORMATION IT CONTAINS. BY ACCESSING AND USING THIS SITE OR DOWNLOADING ANY CONTENT FROM THIS SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY THEM AND BY APPLICABLE LAWS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE OR DOWNLOAD ANY CONTENT FROM THIS SITE.

Ownership and Monitoring.
The Site is owned by NAMPA VALLEY. NAMPA VALLEY may monitor access to, use of and other activities relating to the Site, and may intervene in relation thereto but does not make any representation or warranty that it will do so. You hereby consent to any such monitoring and intervention.

Disclaimer of Warranties.
The materials on this Site, which may include the underlying HTML, text, images, audio clips, video clips, software and other materials (the “Content”), are provided by NAMPA VALLEY for informational purposes only. NAMPA VALLEY intends the Content on the Site to be accurate and current. Nevertheless, since the Content has been compiled by NAMPA VALLEY from a variety of sources, it is provided to you “as is” and “as available”, without warranties of any kind. This Site may contain typographical errors and certain inaccuracies. Any consequence of any decision you make based on any part of the Content is your sole responsibility.

NAMPA VALLEY ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT AND DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS, WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE, TRADE USAGE OR OTHERWISE, WITH RESPECT TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, TITLE, USEFULNESS, COMPLETENESS, ACCURACY, ADEQUACY, CURRENCY, RELIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NAMPA VALLEY DOES NOT GIVE OR MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, GUARANTEES OR ENDORSEMENTS TO THE EFFECT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS; OR THAT ANY SUCH PROBLEMS THAT ARE DISCOVERED WILL BE CORRECTED. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR THE REPLACEMENT OF EQUIPMENT OR DATA, NAMPA VALLEY IS NOT RESPONSIBLE FOR SUCH COSTS.

These exclusions are in addition to any specific exclusions otherwise provided in these Terms of Use. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such exclusions that are not permitted do not apply.

Links.
Links available on the Site (the “Links”) will allow you to link to websites not maintained or controlled by NAMPA VALLEY. NAMPA VALLEY provides these links for your convenience, and is not responsible for the contents of any linked website. Using such Links is at your own risk. NAMPA VALLEY cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for any particular purpose of any information available through the Links, and makes no representation or endorsement whatsoever about any other website, which you may choose to access through the Site. Although NAMPA VALLEY uses all reasonable efforts to ensure that all software provided on this Site is suitable for use on a wide variety of computer systems, it is your responsibility to take all reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of any such software with your specific computer system.

Exclusion of Liabilities.
IN NO EVENT SHALL NAMPA VALLEY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR OR OBLIGATED TO PAY ANY CLAIMS, LOSSES, COSTS, EXPENSES OR DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF ANTICIPATED REVENUE, PRODUCT OR CONTRACT, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THIS SITE OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, OR WITH ANY USE OF ANY CONTENT AVAILABLE OR REFERRED TO ON THIS SITE OR OF ANY MATERIALS ON ANY OTHER SITE THAT YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Your sole and exclusive remedy is to discontinue using and accessing this Site.

The aforementioned exclusions and limitations shall apply whether any claims, losses, cost, damages are liabilities are founded in contract (including fundamental breach), or are extra-contractual or founded in tort or any other theory of liability and such limitations and exclusions shall apply even if NAMPA VALLEY has been advised of the possibility of such claims, losses, costs, damages or liabilities. Because some jurisdictions do not allow the exclusion or limitation of certain types of damages, including moral, bodily, incidental or consequential damages, NAMPA VALLEY’s liability in such jurisdictions shall be limited to the extent permitted by law.

Use of the Site.
You hereby agree not to introduce into or through this Site any information or material that may be harmful to others. You agree not to include, knowingly or otherwise, any error or defect in information that may, among other things, constitute libel, slander or defamation or give rise to a criminal offence or civil liability on the part of any person or entity. You hereby warrant that information or material that you provide to NAMPA VALLEY electronically through your access to or use of this Site does not infringe the rights of any person or entity. Without limiting the generality of the foregoing, you may not:

(a) post, upload, publish, reproduce, transmit or otherwise distribute any part of the Content on this Site:
(i) in any manner that would constitute a criminal offence or give rise to civil liability or encourage conduct that would constitute a criminal offence or give rise to civil liability; or
(ii) which is protected by copyright, any other intellectual property right without obtaining the prior written permission of the holder of the right;
or
(b) otherwise use this Site in a manner that is contrary to law or that would adversely impact use of the Site or the Internet by other users, including posting or transmitting information or software containing viruses or other disruptive components, or sending unsolicited electronic mail.

At NAMPA VALLEY’s sole discretion, NAMPA VALLEY may terminate or refuse to permit the use of this Site by any person or entity, for any reason and without notice. NAMPA VALLEY may investigate any occurrence of any of the above-mentioned violations and may involve and cooperate with law enforcement authorities in prosecuting any user involved in any such violation.

Forward-Looking Statements.
Certain statements made on the Site, which describe NAMPA VALLEY’s intentions, expectations or predictions, are forward-looking and are subject to certain risks, uncertainties and therefore a number of factors that could cause the results or events predicted in these statements to differ materially from current expectations and from actual results or events. You should not place any undue reliance on these forward-looking statements. NAMPA VALLEY disclaims any intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise unless required by applicable laws.

Copyright.
NAMPA VALLEY either owns the intellectual property rights in the Content that is made available to you on this Site, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this Site. Except as provided in these Terms of use, NAMPA VALLEY prohibits the redistribution or copying of any Content on this Site without its express written permission. NAMPA VALLEY hereby authorizes you to display on your computer, download and print pages of this Site, subject to the following provisions: (i) the copyright notice appears on all such printouts; (ii) the information will not be altered in any manner; and (iii) the Content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.

Trademarks.
The trademarks, logos and service marks displayed on this Site (collectively the “Trademarks”) are registered and unregistered trademarks of NAMPA VALLEY or of third parties. Nothing contained on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express prior written permission of NAMPA VALLEY or such third party as may own any Trademark. Your misuse of any Trademark or any other Content on this Site is strictly prohibited. Not all of the logos, trademarks or trade names of NAMPA VALLEY are necessarily used on this Site. The absence of any logo, trademark or trade name of NAMPA VALLEY from this Site does not constitute a waiver of any intellectual property rights of NAMPA VALLEY regarding any such logo, trademark or trade name.

Software.

Except for software expressly identified as being owned by NAMPA VALLEY, any software available for downloading through this Site is provided by third party software vendors pursuant to license agreements or other arrangements between such vendors and end-users. NAMPA VALLEY does not sell, resell, license or sub-license any such software on the Site, and NAMPA VALLEY disclaims any responsibility or liability related to the software. Any questions, complaints or claims related to the software should be directed to the appropriate vendor. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any software downloaded through this Web site. In the event of any express inconsistency between these terms and those contained in any license agreement with a software vendor, the terms contained herein shall prevail.
Indemnity.

You agree at all times to defend, indemnify and hold harmless NAMPA VALLEY and its directors, officers, employees, agents and representatives from any and all claims, demands, causes of action, liabilities, costs and expenses, including reasonable attorneys’ fees, sustained, incurred or paid by NAMPA VALLEY related to or arising out of (a) any violation of these Terms of use by you or by any user of your account, (b) an act or omission or your negligence resulting from use of the Internet or access to any website, including this Site, by you or by any user of your account or (c) the placement or transmission of any information or other materials on this Site by you or any user of your account.

User Submissions Not Privileged.
Any comments, material, information or other communication you transmit or post to this Site (“Submission”) shall be considered non-confidential and non-proprietary. NAMPA VALLEY shall have no obligations with respect to your Submissions. NAMPA VALLEY, its employees, agents and representatives shall be free to copy, disclose, distribute, incorporate and otherwise use your Submissions and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. NAMPA VALLEY reserves the right to edit, re-purpose or re-publish any Submission in any medium for any reason with proper credit to the author.

No Business Relationship Created by Your Use.
You agree that no joint venture, partnership, employment or agency or other business relationship exists between you and NAMPA VALLEY as a result of your use of this Site.
Territory.

NAMPA VALLEY operates and controls this Site from its offices located in the Province of Quebec, Canada. NAMPA VALLEY makes no representation that the Content is appropriate or available for use in any other locations. If you choose to access this Site from outside of the Province of Quebec you do so through your own initiative and you are responsible for compliance with local, national and international laws, if and to the extent that such laws are applicable.
Governing Law and Competent Jurisdiction.

Your use of this Site and any downloads from this Site, and the operation of these Terms of use shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any principles of conflict of laws. All disputes, controversies or claims arising out of or in connection with the Site, including these Terms of Use, shall be submitted to and be subject to the jurisdiction of the courts of the Province of Quebec. By accessing and using this Site, you submit and attorn to the exclusive jurisdiction of the courts of the Province of Quebec to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site, including these Terms of Use.

Changes to Content.
NAMPA VALLEY reserves the right to delete, modify or supplement any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice to anyone.

Changes to Terms of Use.
NAMPA VALLEY may modify, alter or otherwise update terms and conditions applicable to this Site from time to time, without notice, by updating these Terms of Use. The date of the last modification will appear at the top hereof. You agree to review the Terms of use each time you access and use this Site and to be bound by such Terms of use as are in effect at the time when you access this Site. Your access and use of this Site constitutes irrefutable proof of your consent to be bound by these Terms of Use.

Survival.
These Terms of Use apply while you are accessing the Site and remain in effect thereafter, subject to any changes referred to in the previous paragraph.

Reserve of Rights.
All rights not expressly granted in these Terms of Use are reserved to NAMPA VALLEY. Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of the NAMPA VALLEY or any other person or entity.

Miscellaneous.
These Terms of Use and any other documents referenced herein constitute the entire agreement between NAMPA VALLEY and you with respect to your use of this Site. NAMPA VALLEY’s failure to insist upon or enforce strict performance of any of the Terms of Use shall not be construed as a waiver of any of such Terms of Use. If any of the Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. NAMPA VALLEY and you are deemed to have agreed that these Terms of use and all related documents be drafted in English only.

NAMPA VALLEY et vous-même serez considérés comme ayant convenu que les présentes conditions et tous documents s’y rapportant soient rédigés en anglais seulement.