Legal Information
Website Terms of Use
Accipiter Radar Technologies Inc. ("ARTI") operates this Site to provide online access to information about ARTI and the products, services, and opportunities we provide (the "Service"). By accessing and using this Site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this "Agreement".
ARTI reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.
Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about ARTI products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. ARTI reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
Copyright
As between you and ARTI, ARTI owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all Content. The Site and the Content are protected by Canadian and/or foreign intellectual property laws, and belong to ARTI or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by ARTI or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by ARTI, for example in certain password-restricted areas of the Site.) You may not manipulate or alter in any way images or other Content on the Site.
Trademarks
Accipiter® is a registered trademark of ARTI in Canada and the United States of America. Targeting A Safer World™ and M3™ are pending registered trademarks of ARTI in Canada and the United States of America. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ARTI of the third party, the third-party web site, or the information contained therein. ARTI is not responsible or liable for any such web site, its availability or its content.
Linking to this Site
If ARTI's business is relevant to your own activities and you would like to link to the Site, please note that no use is permitted just to attract attention or to suggest any endorsement or sponsorship by, or affiliation with ARTI. Unless specifically authorized by ARTI, you may only create links to this site that connect to the home page. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
Downloading Files
ARTI cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Disclaimer of Warranties
ARTI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. ARTI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. ARTI DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. ARTI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
IT IS A CONDITION OF ALLOWING YOU TO ACCESS THIS SITE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL ARTI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF ARTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ARTI'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. Unauthorised use of this Site may give rise to a claim for damages and/or be a criminal offence. You agree to indemnify, defend and hold harmless ARTI, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
Legal Authority
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Site, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the Terms of Use.
Privacy
By accessing this Site you are agreeing to the collection and use of your Personal Information by ARTI in accordance with ARTI’s Privacy Policy. Click here to contact us for ARTI's Privacy Policy.
User Conduct
You agree to use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to take any action that might compromise the normal operation or the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. If these conditions are not accepted in full, the use of this Site must be terminated immediately.
Unsolicited Idea Submission Policy
ARTI or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas for new or improved products, technologies, services, processes, materials, or new product names. Please do not send your unsolicited ideas to ARTI or anyone at ARTI. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of ARTI, without any compensation to you; (2) ARTI will have no obligation to return your idea to you or respond to you in any way; (3) ARTI will have no obligation to keep your idea confidential; and (4) ARTI may use your idea for any purpose whatsoever, including giving your idea to others.
However, ARTI does welcome feedback regarding many areas of ARTI's existing businesses that will help satisfy customer's needs, and feedback can be provided through the listed contact area on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section below.
User Supplied Information
ARTI does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a "Submission" or collectively "Submissions") will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give ARTI the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
Security
Most of the activity at the Site involves the viewing of materials, which are made accessible to everyone so there is no need for it to be secure. Other areas of the Site require the use of passwords, User IDs and may have other security features. You are responsible to keep your User IDs and passwords confidential. You should promptly notify ARTI if you become aware of unauthorized use of your User IDs or passwords or use of services or materials available from this Site. The use of your User IDs or passwords by you, or by any person with or without your knowledge or consent, in connection with an ARTI transaction, binds you legally and makes you responsible to the same extent and effect as if you had given signed, written instructions to us, unless you have previously notified us that the confidentiality of your User IDs or passwords has been compromised.
Entire Agreement/No Waiver
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. Any waiver by ARTI of any breach or default hereunder must be in writing. Delay in enforcing any right hereunder shall not constitute a waiver of the right to do so. No waiver by ARTI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Correction of Errors and Inaccuracies
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ARTI therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ARTI does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Enforcement/ Choice of Law/ Choice of Forum
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, ARTI's Privacy Policy, your use of the Site, any other ARTI web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the Province of Ontario, Canada, without regard to any conflict of laws provisions, and dealt with by a court of competent jurisdiction in Toronto, Canada, or such other location as the parties may agree. Since you should have no reason to have a grievance with us, as a disincentive to unwarranted litigation, you agree that if you sue us and don't win, you will pay all our costs, including reasonable fees for in-house and outside counsel.
©Copyright 2011 Accipiter Radar Technologies Inc. All rights reserved.
Revised March 30, 2011