WEBSITE TERMS OF SERVICE

Last Revised: June 2020

These Website Terms of Service (the “Terms of Service”) for Skyservice Business Aviation Inc. and Sky Service F.B.O. Inc. (collectively or individually, the “Company”) constitute a legal agreement and are entered into by and between you and the Company. By accessing or using the Company Website (the “Website”), you agree to be bound by and comply with the Terms of Service, including the waivers and limitations of liability included herein.

Application of the Terms of Service

How do the Terms of Service Apply?

The Terms of Service govern your access to and use of the Website and its entire contents, features, and functionality, including all information, software, code, text, displays, graphics, photographs, video, audio and design (“Content”) and any services offered thereon (collectively, the “Website Content”). By submitting, posting, publishing, displaying, or transmitting Content to the Website, the Company or other users or persons (“User Submissions”) or by using any functionality, including applications and emails, downloading brochures, requesting additional information or call back, scheduling a charter flight or maintenance appointment, searching for aircraft parts or services, applying for a job, or registering for an account (“Interactive Functions”), you agree to all actions the Company takes with respect to such Content.

Will the Terms of Service Change?

The Company reserves the right in its sole discretion to revise and update the Terms of Service from time to time. All such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms of Service in order to be aware of any such modifications and your continued use will be your acceptance of any modifications.

Responsibility for Accessing the Website

You are responsible for your own access to the Website. You are required to ensure that all persons who access the Website through your internet connection are aware of and comply with the Terms of Service. The Website and the Website Content may require you to register for an account. You will ensure that all the information you provide on the Website, including when you register for an account, is correct, current, and complete. You are responsible for maintaining the confidentiality of your login credentials and are liable for all acts and omissions done under your account. The Company is not responsible for any loss or damage arising from your failure to protect the confidentially of your login credentials.

Intellectual Property Rights and Ownership

Who Owns the Website and the Website Content?

As between you and the Company, the Company, its licensors, or other providers of such material owns the Website and the Website Content, which may be protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights (“Intellectual Property Rights”). SKYSERVICE, and all related names, logos, product and service names, designs, images and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, may constitute an infringement or violation of the owner’s Intellectual Property Rights and may violate federal, provincial or other laws.

Can I Use the Website and Website Content for Personal Use?

You may only use the Website and Website Content for your personal and non-commercial use. You will not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Website or Website Content, in any form or medium whatsoever except:

1. your computer and browser may temporarily store or cache copies of the Website and Website Content being accessed and viewed; and


2. a reasonable number of copies of the Website and Website Content for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

You are not permitted to modify copies of the Website or Website Content nor delete or alter any Intellectual Property Rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or Website Content.

If you print off, copy or download any part of the Website or Website Content in breach of the Terms of Service, your right to access and use the Website will cease immediately and you must, at our option, return or destroy any copies of the Website or Website Content. You have no right, title, or interest in or to the Website or Website Content, and all rights not expressly granted are reserved by the Company. Any use of the Website or Website Content not expressly permitted by the Terms of Service is a breach of the Terms of Service and may infringe or violate Intellectual Property Rights.

Conditions of Use

You will use the Website, Website Content and Interactive Functions only for lawful purposes and in accordance with the Terms of Service.

What Content Standards Apply to User Submissions and Interactive Functions?

When submitting User Content, or using the Website, Website Content or Interactive Functions, you will not:

1. violate any applicable federal, provincial, local, or international law or regulation including any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms of Service;


2. violate the terms of use of any third-party website that is linked on the Website, including but not limited to, any third-party social media website;


3. include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in the Company’s sole discretion;


4. impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses, or screen names associated with any of the foregoing);


5. transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;


6. encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or other users of the Website or expose them to liability;


7. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person;


8. promote any illegal activity, or advocate, promote, or assist any unlawful act;


9. give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case;


10. circumvent or violate the security of this Website, including by accessing content and data that is not intended for you, attempting to breach or breaching the security or authentication measures that are not authorized, or using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Website Content; or


11. interfere with the with the proper working of the Website, including by restricting, disrupting or disabling service to users, hosts, servers or networks, introducing any viruses, ‘Trojan Horses’, worms, logic bombs, or other material that is malicious or technologically harmful, or attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing.

Website Monitoring and Enforcement, Suspension and Termination

The Company has the right, without notice, to:

1. take any action with respect to any User Submission deemed necessary or appropriate in the Company’s sole discretion, including for violating the Terms of Service;


2. take appropriate legal action, including referral to law enforcement or regulator authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Website; and


3. disable, terminate or suspend your access to all or part of the Website or account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of the Terms of Service.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS AND ASSIGNS (“REPRESENTATIVES”) FROM ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ITS REPRESENTATIVES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR ITS REPRESENTATIVES OR BY LAW ENFORCEMENT AUTHORITIES.

Website Content

Can I Rely on the Website Content?

No. The Website Content is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Website Content.

Can I Rely on Third-Party Content?

No. The Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its Representatives have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Third Party Websites

Does the Website Contain Links to Third-Party Websites?

Yes. The Company makes no representations about any other websites that may be accessed from this Website. If you choose to access any such websites, you do so at your own risk. The Company has no control over the contents of any such third-party websites and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any Terms of Service of such third-party websites.

Can I Link to the Website?

Yes. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website or Website Content must not be framed on any other website, nor may you create a link to any part of our Website other than the homepage. The Company reserves the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Terms of Service of Use. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, THE WEBSITE CONTENT OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE WEBSITE CONTENT AND ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NEITHER THE COMPANY NOR ITS REPRESENTATIVES MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY OR ACCURACY. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS REPRESENTATIVES REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE CONTENT OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS REPRESENTATIVES REPRESENT OR WARRANT THAT PERSONAL INFORMATION PROVIDED TO THE COMPANY THROUGH ELECTRONIC MEANS IS SECURE.

THE COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, THE WEBSITE CONTENT OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS REPRESENTATIVES BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, OR UNAUTHORIZATED ACCESS TO OR USE OR DISCLSOURE OF PERSONAL INFORMATION, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, THE WEBSITE CONTENT, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

General

The laws of the province of Ontario and the laws of Canada applicable therein will govern use of the Website and the interpretation, validity and effect of this agreement, notwithstanding any conflict of laws, provisions or your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the province of Ontario in any action or proceeding related to this website and agree not to commence any such action or proceeding except in Toronto, Ontario, Canada. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from the Terms of Service operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any provision of the Terms of Service is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of the Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction. The Terms of Service constitute the sole and entire agreement between you and the Company regarding the Website or Website Content and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.