TERMS OF USE APPLICABLE TO THIS SITE
Use of this Site Signifies Your Agreement to the Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By using this site (the “Site”), you signify your agreement to be bound by these terms of use, including the Privacy Policy (“Terms of Use”). If you do not agree to the Terms of Use or Privacy Policy, please do not use the Site. We may modify, revise or update the Terms of Use at any time by updating this posting. By using the Site following any such modification or revision, you agree to be bound by such modification or revision. We recommend that you consult the Terms of Use each time you use the Site.
RESTRICTIONS ON USE OF MATERIALS
The Site is owned and operated by Skytec Rentals Inc., and/or its related, associated, affiliated, successor, parent and subsidiary entities (collectively, “Skytec Rentals”). Unless otherwise indicated the contents including without limitation, all logos, texts, graphics, images, [soundtracks, videos], and the collection, organization, arrangement and assembly of the contents of this Site are the property of Skytec Rentals and are protected, without limitation, pursuant to Canadian, U.S. and foreign intellectual property, including copyright, trademark and other laws and regulations. No material from this Site, either in whole or in part, may be copied, reproduced, republished, uploaded, posted, transmitted, archived, modified, sold or distributed in any way, without Skytec Rental’s prior written consent except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Skytec Rental’s copyright, trademark, and trade secret rights and others’ proprietary rights. The use of any such material on any other Web Site or networked computer environment for any purpose is prohibited.
In the event you download software from the Site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are non-exclusively licensed to you by Skytec Rentals. Skytec Rentals does not transfer title in and to the Software to you. As between you and Skytec Rentals, Skytec Rentals retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
ACCEPTABLE SITE USE
General Rules.
Users may not use the Site in order to transmit, distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive or hateful. Users may use the Site only for lawful purposes and in compliance with the Terms of Use.
Web Site Security Rules.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbooming” or “crashing”. Violations of any system or network security may result in civil or criminal liability. Skytec Rentals will investigate occurrences which may involve such violations and may involve and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
TERMINATION
This Agreement will terminate immediately without prior notice from Skytec Rentals, if in Skytec Rental’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of the Site. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise and you are no longer authorized to access this Site or that part of this Site affected by such termination. In such event, the restrictions imposed upon you by these Terms of Use shall still apply. Skytec Rentals shall not be liable, obligated or otherwise responsible to any party for damages arising from such termination. Skytec Rentals reserves the right to seek all remedies available to it at law and in equity for violations of the Terms of Use.
LINKS
The Site may contain links to third party sites. These links are provided solely as a convenience to you and not as an endorsement by Skytec Rentals. Skytec Rentals is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third party sites, you do so at your own risk.
THIRD PARTY POSTINGS
Skytec Rentals may, in its sole discretion, post material, advertisements, links and other promotional materials of third parties on the Site (“Third Party Material”). Third Party Material is not investigated, monitored or checked for accuracy, appropriateness or completeness by Skytec Rentals, and Skytec Rentals is not responsible for any Third Party Material. Your correspondence or dealings with these third parties found on the Site are solely between you and such third party. You agree that Skytec Rentals shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of their presence. Moreover, Skytec Rentals shall not be responsible or liable for the statements or conduct of any third party on the Site. With regard to services or products purchased or obtained by a user from someone other than Skytec Rentals, we make no representation or warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we hereby specifically disclaim any and all express and implied representations and warranties of any nature whatsoever as to such services and products. Should you access any third party site, you do so at your own risk and these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy policies, of any third party site to which you navigate from the Site.
DISCLAIMER
SKYTEC RENTALS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS, WHERE IS” BASIS AND “AS AVAILABLE.” SKYTEC RENTALS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE, CUSTOM OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. SKYTEC RENTALS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS SITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS SITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS SITE OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. SKYTEC RENTALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT SKYTEC RENTALS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SKYTEC RENTALS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, DIRECT OR INDIRECT DAMAGES, LOSS OF DATA, INCOME OR PROFIT OR DAMAGE TO PROPERTY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, ‘EVEN IF SKYTEC RENTALS OR A SKYTEC RENTALS AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SKYTEC RENTALS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
INDEMNITY OF USER
You agree to defend, indemnify, and hold harmless Skytec Rentals, its officers, directors, employees, affiliates, parents, subsidiaries, related entities and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material contained on the Site or your breach of the terms of these Terms of Use. Skytec Rentals shall provide notice to you promptly of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
JURISDICTION
By accessing the Site, you agree that the laws of the Province of Ontario will apply to all matters relating to your use of this Site, without regard to rules relating to conflict of laws. Skytec Rentals makes no claims that the materials may be lawfully viewed or downloaded outside of Canada. Access to materials may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any action relating to these Terms of Use must be brought in Toronto, Ontario, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Ontario, Canada.
RELATIONSHIPS
The relationship between Skytec Rentals and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or your use of the Site.
SEVERABILITY
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This Agreement is the entire agreement between you and Skytec Rentals relating to the subject matter herein.
ENTIRE AGREEMENT
These Terms of Use, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Skytec Rentals as set forth above.