TERMS AND CONDITIONS
Last revised Februrary 3rd, 2013
OverAir Proximity Technologies Ltd. (“OVERAIR”), a Canadian federal corporation with extra-provincial registration in the Province of Ontario, is the owner and operator of OverAir.ca (“Site”). For the purposes of these Site Terms, the terms “OverAir.ca”, “we”, “us” and “our” shall refer to OVERAIR and affiliates.
The Site is provided as a service to our customers. Your use of the Site constitutes your agreement to follow and be bound by these Site Terms. We reserve the right to update or modify these Site Terms at any time without prior notice. For this reason, we encourage you to review the Site Terms whenever you use the Site. If you do not agree to these terms, please do not use the Site.
Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by OVERAIR.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote OVERAIR's products and services available in Canada and worldwide. The Site is controlled and operated by OVERAIR from its offices in Hamilton, Ontario.
User Comments, Feedback, and Other Submissions
OVERAIR is pleased to hear from users and welcomes your comments regarding our products and services. OVERAIR's company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by OVERAIR's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that OVERAIR may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to OVERAIR. OVERAIR is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. OVERAIR has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead OVERAIR or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. OVERAIR takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Site
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of OVERAIR. OVERAIR has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Site's users.
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. OVERAIR expressly disclaims any duty to update or revise the materials on the Site, although OVERAIR may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. OVERAIR shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold OVERAIR harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and OVERAIR agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
1. OverAir Proximity Technologies, McMaster Innovation Park, 175 Longwood Rd South, Suite 305A, Hamilton, ON, L8P 0A1, or
2. your last-used billing address or the billing and/or shipping address in your online profile.
Both you and OVERAIR agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the Province of Ontario, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the provincial and/or federal courts of the Province of Ontario. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of OVERAIR's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
These terms are effective unless and until terminated by either you or OVERAIR. You may terminate this Agreement at any time. OVERAIR also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.