Terms of Use
Accipiter Radar Technologies Inc. (“Accipiter”) operates this website to provide online access to information about Accipiter and the products, services, and opportunities we provide (“Service”). By accessing and using this website, you agree to each of the terms and conditions set forth herein (“Terms of Use”). If you do not agree then you must immediately stop accessing and using this website. Additional terms and conditions applicable to specific areas of this website or to particular content or transactions are also posted in particular areas of the website 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”.
Accipiter reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the website 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 Website
You may use the Service, the website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the website (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about our 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. We reserve complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, manipulate, distribute, transmit, or derive another work from any Content obtained from the website or the Service.
Copyright and Trademarks
The website and the Content are protected by Canadian and/or foreign intellectual property laws, and belong to us or our partners, affiliates, contributors or third parties who have authorized their use on the website. You may download and reprint Content for non-commercial, non-public, personal use only. You may not manipulate or alter in any way images or other Content on the Site. You are prohibited from using any of the marks or logos appearing throughout the website without permission from the trademark owner, except as permitted by applicable law. For more information about Accipiter’s Trademarks and other intellectual property click here.
Links to Third-Party Websites
Links on the website to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave Accipiter’s website and will be subject to the terms of use and privacy policy applicable to those websites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Accipiter of the third party, the third-party website, or the information it contains. Accipiter is not responsible or liable for any such website, its availability or its content.
Linking to this Website
If our business is relevant to your own activities and you would like to link to this website, please note that no use is permitted just to attract attention or to suggest any endorsement or sponsorship by, or affiliation with Accipiter. Unless specifically authorized by us, you may only create links to this website that connect to the home page. You may not mirror or frame the home page or any other pages of this website on any other website or web page.
Downloading Files
Accipiter cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection by software viruses or other harmful computer code, files or programs.
Disclaimer of Warranties
Accipiter makes no express or implied warranties, representations or endorsements whatsoever with respect to this website, the Service or the Content. We expressly disclaim 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 website, the Service, the Content, and any product or service furnished or to be furnished via the website. Accipiter does not warrant that the functions performed by the website or the Service will be uninterrupted, timely, secure, bug- or error-free, or that defects in the website or the Service will be corrected. We do not warrant the accuracy or completeness of the Content, or that any errors in the Content will be corrected. The website, 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 website that under no circumstances, including but not limited to negligence, will Accipiter or any of its employees, officers, directors or affiliates, 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 website, the Service, or the Content, (ii) any transaction conducted through or facilitated by the website; (iii) any claim attributable to errors, omissions, or other inaccuracies in the website, 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 website, the Service, or the Content, even if Accipiter has been advised of the possibility of such damages. If you are dissatisfied with the website, the Service, the Content, or with the terms of use, your sole and exclusive remedy is to discontinue using the website. 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, 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 website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence. You agree to indemnify, defend and hold harmless Accipiter, 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 website, 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 website, 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 website you are agreeing to the collection and use of your Personal Information by us in accordance with our Privacy Policy.
User Conduct
You agree to use the website 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 website, render the website inaccessible to others or otherwise cause damage to the website 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 website in any manner that might interfere with the rights of third parties.
User Supplied Information
Accipiter does not want to receive confidential or proprietary information that belongs to you or to third parties via the website. You agree and certify that any material, information, or data you transmit to us or post to the website (each a “Submission”) is neither confidential nor proprietary. For each Submission, regardless of anything to the contrary therein, (1) you guarantee to us that you have the legal right to post the Submission on the terms of this Agreement and that it will not violate any law or the rights of any person or entity, and (2) you hereby give Accipiter 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.
Unsolicited Idea Submission Policy
Accipiter and any of its employees, officers, directors or affiliates 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 Accipiter or anyone at Accipiter. 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, in consideration of your access to the website, (1) your idea will automatically become the property of Accipiter, without any compensation to you; (2) we will have no obligation to return your idea to you or respond to you in any way; (3) we will have no obligation to keep your idea confidential; and (4) we may use your idea for any purpose whatsoever, including giving your idea to others.
Security
Most of the activity at the website 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 website may 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 us if you become aware of unauthorized use of your User IDs or passwords or use of services or materials available from this website. 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 Accipiter 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. Accipiter’s waiver of any breach or default hereunder must be in writing and our delay in enforcing any right hereunder shall not constitute a waiver of the right to do so. No waiver by Accipiter 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. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. We do 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, our Privacy Policy, your use of the website, 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 in the English language 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.
May 1, 2017