You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Site. Communications include but are not limited to:
We will provide these Communications to you by emailing them to you at the primary email address listed in your Account Registration, by emailing you a link or instructions on how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.
By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.
You may provide access to certain apps to authorized users (called Workers). An authorized user is someone designated by you via the Worker functionality available in airbooks.ca. Such authorized users may have access to your account information and perform various tasks as instructed by you which include but are not limited to recording notes, recording tasks, and any other lawful tasks that you may prescribe. If you administer your airbooks.ca account on behalf of a business or corporation you represent and warrant that you have the right to provide access to your Workers.
Airbooks may, without notice or liability, add, discontinue or revise any aspect, mode or design of the Site which include but not limited to the scope of service, time of service, or to the software/hardware required for access to the Site. Airbooks may also limit the geographic locations or jurisdictions where certain Services may be available.
Without prejudice to the foregoing, should there be a failure of or error, omission, defect, deficiency, delay causing downtime, or inability of a subscriber to access the Site for any length of time, including as a result of the permanent termination of service, the subscriber acknowledges and agrees that, except as otherwise set out herein, its only remedy for any error, omission, defect, deficiency, delay or other failure of the Site whatsoever is to discontinue using the Site.
You assume sole responsibility for and shall ensure that any information, data, documents or materials used, disclosed, entered into or created using the Site or in connection with the Site is accurate, reliable and complete and does not violate our content guidelines. You authorize us and our service providers and their vendors and subcontractors to monitor your use of the Site. You represent and warrant that you have obtained all required consents and comply with all applicable legislation, including without limitation privacy legislation, in connection with any use and disclosure of information relating to the use of the Site. Airbooks accepts no responsibility for the accuracy of any information, data, documents or materials entered into or created using the Site except as otherwise set out herein. The input, posting or uploading of any information and the storage of any information, data, documents or materials on the Site by us does not constitute our endorsement nor warranty as to the compliance of such information or materials with applicable legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such information or materials.
While using the Site, we may also collect information from you about someone else. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in this policy.
Airbooks may require you to assist with any requests by the individual to access or update their information, and you agree to do so.
You agree to use the Site for the purposes that they were intended and only in accordance with the terms of this agreement.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the the Site Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the the Site Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.
Airbooks does not provide professional health management services. If you use the Site, you agree that you do so at your own risk. Unless expressly stated to the contrary, Airbooks does not pre-qualify, review, or endorse third party providers and provides no representation or warranty as to the background, reputation, character, qualifications, skills, insurance, work product, services, advice, recommendations or quality of the Third Party Provider. If you use the Site you acknowledge that you are doing so at your own risk and hereby agree to release and hold Airbooks harmless from any or Claims arising from your use of the Site, as further set out in section I below. Airbooks does not purport to provide you with any medical or health care advice and you agree to release and hold Airbooks harmless for and from any Claims (as defined below) arising from your use of the Site.
Airbooks and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using the Site. The technical procedures, processes, concepts and methods of operation that are inherent within the Site constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using the Site by a user or otherwise provided for accessing the Site on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to Airbooks a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by the user in connection with the Site for uses related to the delivery of the Site.
Materials on and relating to the Site, including the content of the Site and any software downloaded from the Site, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Airbooks reserves all rights in and to such materials. The subscriber will not make store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of the Site or any content therefrom without Airbooks’ express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to the Site.
Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:
Airbooks has rights to several trade-marks which it uses in connection with the operation of the Site. Airbooks does not grant the users any right or license to use the Airbooks trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.
The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.
The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.
No user shall use any means to restrict or prevent another user from accessing or enjoying the Site.
No user shall be permitted to upload material into the Site that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use the Site and the Services in a manner which could block access to, impair, damage or otherwise disable the Site or any of our servers. You may not attempt to gain unauthorized access to the Site or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.
No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to the Site in a manner that is inconsistent with our intellectual property rights over the software.
No user shall promote any commercial interest, falsify or delete any information on the Site, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize the Site under false pretences.
THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A "CLAIM") WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH:
WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.
FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND YOU AGREE TO USE THE SITE, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO THE SITE AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF THE SITE FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING THE SITE.
Airbooks may terminate this agreement and your use of the Site at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way. Subscribers may use the Site on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Close your Account” instructions found on your Security and Permissions page. In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.
Upon such termination, you must immediately cease using the Site indefinitely. We may at our option immediately block your access to the Site.
You own all of your entity’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Site. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:
You may when using our Site and Services be directed to websites maintained by other third party service providers.
Some of the functionality of the Site interoperate with, and are highly dependent upon, application programming interfaces (APIs) from third parties, such as Google and Yahoo!. If at any point such third party services cease to make themselves or their APIs available to us on reasonable terms, we may cease to provide those third party services without entitling you to a refund, credit or other compensation. Your only recourse shall be to stop using the Site. In addition, if you authorize us to do so, we may grant third parties access to some or all (depending on the permission you give) of your private data, content and information through our own API for use in connection with their services.
You acknowledge that such sites and services are completely independent of the Site and as we have no control over them, we accept no liability in respect of your use, ability or inability to use them or any of the content of such sites. In addition, we may at any time in our discretion and without notice to you, discontinue providing our API to such third party services. You acknowledge that any use of the products and services offered by such third party services providers (e.g. for the purposes of payment processing, direct deposit services, payroll tax return preparation, filing and government remittances) will be at your sole risk. You acknowledge that use of such third party service providers and their websites and services is, except where prohibited or modified by applicable law, subject to the terms, conditions and policies established by the third party service providers. You expressly hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for and from any Claims (defined below) arising out of your use of, or inability to use, the products and services of third party service providers whether or not such use is ancillary to your use of the Site. The availability of such third party services in connection with the Site does not constitute an endorsement, warranty, or representation as to the fitness, suitability, merchantability, title, non-infringement, quality, or accuracy of the third party provider or its products or services.
Neither party should be held liable for a delay or failure in performance of the agreement for services caused by reason of any occurrence of unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions. The party so affected by the unforeseen event shall be so excused on a day-to-day basis for the period of time equal to that of the underlying cause of delay.
Except as otherwise set out herein, this Agreement shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. This agreement and any actions whatsoever taken by you in connection herewith and with any Service, software, tool, application or functionality, will be deemed to have been performed in Ontario, Canada. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada.
You waive all rights to a trial by jury in connection with any legal proceeding or dispute against us. You further agree that any dispute or proceeding which you may bring against us shall be conducted on an individual basis and not a class-wide basis and that any such proceeding or dispute shall not be consolidated with any other dispute or proceeding which might arise between us and any other user.
The website(s) www.airbooks.ca, and the Domain Name airbooks.ca, and airbooks.ca Apps are property of Airbooks, a company incorporated under the Ontario Business Corporations Act.
You and we expressly acknowledge and agree that this agreement and all related agreements, schedules, materials, licenses and policies be drafted in the English language only. Il est convenu que cette convention et tous les annexes, documents, licences et politiques s’y rattachant soient rédigés en anglais.
If you elect to have the Site access information from third party accounts by providing the access information to such third party account, one of our service providers, will access such third party accounts for the purposes of performing the Services. Authority to access the relevant third party accounts, on your behalf or on behalf of the principal account holder, and retrieve the relevant information to make it available as part of the Services. You are not permitted to provide the Site with any access information for any third party accounts for which you are not the principal account holder unless you have the authority to act on behalf of the principal account holder.
Airbooks is not obligated to review the information for any purpose, including but not limited to accuracy. It is entirely your responsibility to ensure the accuracy, completeness and timeliness of any information provided to us or any third party service providers in connection with any of the Services.
You and your users are responsible for maintaining the confidentiality and security of usernames, passwords and other access credentials which allow the use of the Site and access to the Services. You understand and agree that the you are liable for unauthorized use of your account.
Unless you subscribe only to our Site application, in which case this section does not apply to you, you acknowledge and agree that you will only use the Site for business purposes and not for personal, family or household purposes.
No delay or omission to exercise any right or remedy accruing upon any breach or default hereunder shall impair any such right or remedy nor be construed as a waiver of any such breach or default or of any similar breach or default thereafter occurring, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy. No waiver (or consecutive waivers) of any single breach or default shall operate or be construed as a waiver of any subsequent breach or default.
Some of the content provided on the Site from time to time may be contributed by users. You represent and warrant that any content or material provided to us does not breach the rights, including copyright, of others.
Procedure for reporting copyright infringement claims: If you believe your copyright in any work has been infringed and such work is accessible through the Site, you may notify Airbooks' Copyright Office Agent using the contact particulars listed below. You must provide the following information when providing notice of the claimed copyright infringement, which Airbooks may then forward to the alleged infringer:
You may provide this information in writing or by email notification to the following Designated Agent:
Upon receiving your complaint, Airbooks may remove content that you believe infringes your copyright.
Procedure for Counter-Notification: If material that you have posted to the Site has been taken down, you may file a counter-notification by contacting Airbooks' Copyright Office Agent, using the contact particulars listed above, which counter-notification must contain the following details:
NOTE THAT YOU MAY BE HELD LIABLE FOR DAMAGES, COURT COSTS AND LAWYER'S FEES INCURRED BY US, BY A COPYRIGHT OWNER, OR BY A COPYRIGHT OWNER'S LICENSEE IF YOU PROVIDE ANY FALSE INFORMATION, OR MISREPRESENT YOURSELF AS THE RIGHTFUL OWNER OF COPYRIGHTED MATERIAL. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice.