This version of the Web Site User Agreement has been in force since September 3, 2002.
Please review this Web Site User Agreement ("Agreement") carefully. The Agreement governs your use of the Winnipeg Airports Authority Inc. (the "Authority") website. Every time you access the website, the text of this Agreement as it then reads will govern your use. We ask that you not use the website if you do not agree with any of the provisions of this Agreement each time you access it.
Acceptance to this Agreement
This Agreement is between you and the Authority, and governs your use of the website. Each time you access the website you signify your acceptance and agreement, as well as the acceptance and agreement of any person you purport to represent, without limitation or qualification, to be bound by this Agreement and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to accept this Agreement or you do not have the legal authority to agree to accept this Agreement, you may not use the website.
Revisions to this Agreement
You are not entitled to change, supplement, or amend this Agreement in any manner whatsoever. The Authority may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of the web site from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the website.
Permitted Users and Access
Persons may not use the website in jurisdictions where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.
No Advice or Solicitation
THE WEBSITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING MATTERS ADDRESSED, ADVICE OR RECOMMENDATIONS, OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.
The Authority strives to make your use of the website an enjoyable experience. Nevertheless, the Authority does not accept any liability for your use of the website. For this reason, the following provisions apply to your use and access of the website:
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY THE AUTHORITY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT THE AUTHORITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE. THE OPERATION OF THE WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND THE AUTHORITY'S CONTROL. THE OPERATION OF THE WEBSITE MAY NOT BE CONTINUOUS, UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE COMPLETELY ELIMINATED.
THE AUTHORITY IS UNDER NO OBLIGATION WHATSOEVER TO VERIFY THE IDENTITY OF USERS OF THE WEBSITE.
THROUGH YOUR USE OF THE WEBSITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. THE AUTHORITY IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE AUTHORITY MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: THE WEB SITE WILL BE COMPATABLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; CERTAIN OR OTHER RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEBSITE; THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND THE AUTHORITY DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE AUTHORITY WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, LOSS OF REPUTATION, SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNATIVE DAMAGES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY THE AUTHORITY OR ANY PERSON FOR WHOM THE AUTHORITY IS RESPONSIBLE, AND NOTWITHSTANDING THAT THE AUTHORITY MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE AUTHORITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR FAULT OR WRONGDOING BY THE AUTHORITY OR ANY PERSON FOR WHOM THE AUTHORITY IS RESPONSIBLE, EXCEED $10.00 (CDN).
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE THE AUTHORITY AND ALL OF ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXISTS, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE AUTHORITY AND ALL OF ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEBSITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND COOPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY THE AUTHORITY OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you. The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
Termination of this Agreement and the Website
If you breach any provision of this Agreement, you may no longer use the website. The Authority, in its sole discretion, may change, suspend, terminate, temporarily or permanently, the web site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
If this Agreement, or your permission to use the website, is terminated by you or by the Authority for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website.
Ownership and Permitted Use of the Website
The website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the web site are the property of the Authority and others, and are protected by domestic and international copyright, trademark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content.
The website may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the web site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of the Authority. You may not use any of the software that is used in the operation of the website except while you are using the website. You may not reproduce, copy, duplicate, sell, or resell any part of the website (including the software used in the operation of the web site) or access to the web site.
The website is made available to you for your lawful use only. You may access and browse the web site using commercially available, SSL-capable web browser software. You may print or download the pages of the website for your personal use provided that you do not modify any of the web site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
Personal Information Privacy
Winnipeg Airports Authority Inc. is a registered trademark and trade-name owned by the Authority. Other product and company names and logos appearing on the web site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trademarks, service-marks and logos (collectively the "Marks") displayed on the website, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the web site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the web site.
Third Party Websites
The website includes advertisements for, and links to, other websites or resources and businesses operated by third parties. Third party websites are independent from the Authority, and the Authority has no responsibility or liability for or control over third party websites, their business, goods, services, or content. Links to third party websites are provided solely for your convenience. The Authority does not sponsor or endorse any third party website or the content, goods or services available through third party websites. Your use of third party web sites and your dealings with the owners or operators of third party websites is at your own risk, and you shall not make any claim against the Authority arising out of your use of any third party website or your dealings with the owners or operators of any third party website.
Linking and Framing the Website
The framing of the website or any of its content in any form and by any method is strictly prohibited.
Governing Law and Dispute Resolution
The website is controlled by the Authority from Winnipeg, Manitoba, Canada. This Agreement, your use of the website, and all related matters are governed solely by the laws of the Province of Manitoba, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between the Authority and you or any other person arising from, connected with or relating to the website, this Agreement or any related matters must be resolved before the Courts of Manitoba sitting in the City of Winnipeg, Manitoba, Canada, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the web site, this Agreement, or any related matter must commence in a Court of competent jurisdiction in the City of Winnipeg, Manitoba, Canada within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
Winnipeg Airports Authority Inc.
Winnipeg James Armstrong Richardson International Airport
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If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will enure to the benefit of and be binding upon the Authority and its successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of the Authority, which may be withheld in the Authority's sole discretion. The Authority may assign this Agreement and its rights and obligations under this Agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any proceeding or subsequent breach or default.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language.
Any rights not expressly granted by this Agreement are reserved to the Authority.