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Please read these terms of use (the “Terms”) carefully before using the websites of Aerospace Concepts and its subsidiaries (hereinafter, “ACL”).  By accessing, browsing or using these websites, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use these websites. These Terms govern your use of the websites, any content (such as text, data, information, graphics or photographs) that ACL may make available through the websites (hereinafter, “Materials”) and any services that ACL may provide through the websites (hereinafter, “Services”). The websites, Materials and Services are referred to in these terms collectively as the “ACL Websites.”

ACL reserves the right to change the Terms of Agreement from time to time without notice at the sole and absolute discretion, but in congruence with ACL policies. Additional or different Terms of Agreement, conditions, and notices may apply to specific materials, information, products, or services offered through the ACL Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Agreement.

These Terms, together with any additional terms to which you agree when using particular elements of the ACL Websites, constitute the entire and exclusive and final statement of the agreement between you and ACL with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and ACL with respect to such subject matter. All lawsuits arising from or relating to these Terms of Agreement or your use of the ACL Websites shall be brought in the Federal or State courts located in Montreal, Quebec, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of ACL to exercise or enforce any right or provision of these Terms of Agreement shall not constitute a waiver of such right or provision. If any provision of these Terms of Agreement is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of ACL and you as reflected in the provision, and that the other provisions of these Terms of Agreement remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the ACL Websites.

Trademarks

ACL reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of ACL will be collectively referred to as “ACL Marks.” 

The ACL Marks are highly valued intellectual property, and therefore ACL will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to ACL Marks or which are likely to cause confusion with ACL Marks.

No employee or other representative of ACL is authorized to grant permission to use ACL Marks or to provide guidance in their use, unless licensed within a formal written agreement.  Thus, any promise or other representation with respect to ACL Marks by a ACL employee in the absence of a formal written agreement cannot be relied upon.

ACL does not object to the use of the ACL Marks (other than logos) to refer specifically to the products of ACL.  However, a purely referential use or nominative fair use of the ACL Marks must be in plain text.  Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.

Linking To ACL Websites

Linking to the ACL Websites (including an internal or subsidiary page of any website comprising a part of the ACL Websites) must be approved in writing by ACL, with the exception of a limited, revocable right to create a hyperlink to the website under condition that the website on which the hyperlink resides:

1.      does not utilize content of a ACL Website; 
2.      does not utilize a ACL logo; 
3.      does not use framing of a ACLWebsite; 
4.      does not misrepresent an affiliation or other relationship with ACL; 
5.      does not misrepresent any possible endorsement by ACL; 
6.      does not contain content that could be construed as illegal, distasteful, offensive or controversial; and 
7.      is promptly modified to delete the hyperlink upon request by ACL.

Copyright

Except where otherwise specified, the contents of the ACL Websites are copyright (c) 2005-2012 ACL.  All rights reserved.

The contents of the ACL Websites are subject to protection under U.S. and foreign copyright laws. You may not copy or distribute any portion of the ACL Websites, except as necessary to view the ACL Websites.

Links to Third Party Sites

Links on the ACL Websites to third-party websites are provided solely for your convenience. If you access those links, you will leave the ACL Websites. ACL does not endorse or make any representations about such third party websites, and ACL is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. ACL does not control those websites, and ACL is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.

Indemnification

You agree to indemnify, defend and hold harmless ACL, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account or computer) use of the ACL Websites or violation of these Terms of Agreement. ACL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ACL’s defense of such claim, and in no event may you agree to any settlement affecting ACL without ACL’s written consent.

Electronic Communications

When you visit the ACL Websites or send e-mails to ACL, you are communicating with ACL electronically. We may respond to you by e-mail or by posting notices on the ACL Websites. You agree that all such notices, disclosures and other communications that ACL provides to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimers

Information on the ACL Websites is not promised or guaranteed to be correct, current or complete, and the ACL Websites may contain technical inaccuracies or typographical errors. ACL assumes no responsibility (and expressly disclaims responsibility) for updating the ACL Websites to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the ACL Websites. ACL provides no assurances that any reported problems will be resolved by ACL, even if ACL elects to provide information with the goal of addressing a problem.

Limitation of Liability

IN NO EVENT WILL ACL BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$1000.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE ACL WEBSITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THESE WEBSITES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF ACL HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that ACL may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ACL’s liability shall be the minimum permitted under such applicable law.