The Air Canada Pilots Association (ACPA) is the federally certified bargaining agent for pilots employed at Air Canada. The Association was founded to further the best interests of the Air Canada pilots and is organized and directed by the membership, for the benefit of the membership.
We hope you enjoy ACPA.CA!
ACPA provides the Website, the Content and the Services to you subject to the following TOU. The TOU may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time through a link available on any page. We suggest that from time to time, you review the TOU for possible changes. In addition, when using any Services or accessing any Content, you will be subject to any posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOU.
2. SERVICES AND CONTENT
ACPA currently provides users with various features and services, all of which may be updated, deleted or otherwise modified from time to time at the discretion of ACPA. In addition, ACPA also provides access to certain photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with APCA. Unless stated otherwise, the Website, Services and Content are subject to the TOU. You understand and agree that the Website, Services and Content are provided "as-is" and that ACPA assumes no responsibility in connection with your use of the Website, the Services or the Content. The Website, the Services and the Content are provided for your non-commercial entertainment and enjoyment. Under the TOU, you may download certain Content and Services available on the Website to a single personal computing device for your personal use and entertainment. You many not use any of the Content or Services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior, written permission of ACPA, which permission may be withheld in ACPA's sole discretion.
3. ACCESS TO SERVICES
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
4. MEMBERS AREA ACCESS
Access to the Members Area of the Website is RESTRICTED to current and retired ACPA members in good standing. In order to access the Members Area, you will be required to register with ACPA by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Members Area, you agree to: (a) provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for the Members Area, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or ACPA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ACPA has the right to suspend or terminate your password and refuse any and all current or future use of the Members Area.
6. MEMBERS AREA PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password. ACPA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. MEMBER CONDUCT
You agree that in connection with your use of the Website, the Members Area and the Content you will not:
a. email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
c. email or otherwise transmit any content that infringes any patent, trade-mark, trade secret, copyright or other intellectual property right of any party;
d. email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
e. email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
f. interfere with or disrupt the Website, the Members Area, the Content or servers or networks connected to the Website, the Members Area or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Members Area and/or the Content;
g. intentionally or unintentionally violate any applicable local, provincial, national or international law.
8. USER MESSAGES
a. With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit to the Website and/or in connection with any of the Services (each, a "Message"), you are, by transmitting such Message, granting ACPA a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, ACPA may solicit Messages from users. Your provision of any such Messages in response to a solicitation by ACPA shall be subject to a grant of a license to ACPA as specified above.
b. When any user submits any Message to the Website or any of the Services, ACPA shall have the right, but not the obligation, in its sole discretion, to review, edit or delete any Message for any reason in ACPA's sole discretion. It is ACPA's policy to fully cooperate with law enforcement authorities and court orders which request or require ACPA to disclose personal information.
c. You acknowledge and agree that ACPA may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property, or personal safety of ACPA, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
ACPA offers its members the opportunity to vote in connection with various votes and polls. By casting your vote, you are agreeing to abide by the TOU and any and all voting guidelines posted on the Website.
You agree to indemnify, defend and hold harmless ACPA and each respective officers, employees, affiliates and other related entities from and against any claim or demand, including reasonable legal fees and disbursements, arising out of Messages you submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your violation of the TOU, or your violation of any rights of another.
11. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES
ACPA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. You agree that the Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services.
You agree that ACPA, in its sole discretion, may terminate your password and access to the Members Area or use of the Website and/or the Services, for any reason, including, without limitation, if ACPA believes that you have violated or acted inconsistently with the letter or spirit of the TOU. ACPA may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Members Area under any provision of this TOU may be effected without prior notice, and acknowledge and agree that ACPA may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Members Area. Further, you agree that the Entities shall not be liable to you or any third party for any termination of your access to the Members Area.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Entities have no control over such sites and resources, you acknowledge and agree that the Entities are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Entities shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. PROPRIETARY RIGHTS
You acknowledge and agree that (i) ACPA and associated logo marks are registered trade-marks of ACPA; and (ii) all ACPA logos and marks, as well as all other proprietary materials depicted on the Website, the Services and Content are the property of ACPA or are licensed to ACPA and may not be reproduced without the prior written consent of ACPA. Except as expressly authorized by ACPA, you agree not to reproduce, republish, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Web site, Services or Content, in whole or in part. You agree not to access the Members Area by any means other than through the interface that is provided by ACPA for use in accessing the Members Area.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE AND, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR THE CONTENT.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.
Notices to you may be made via either e-mail or regular mail. The Website may also provide notices of changes to the TOU or other matters by displaying notices or links to such notices.
19. LINKING TO THE WEB SITE
No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to www.acpa.ca, the Website home page. "Deep Linking" to internal pages of the Website is expressly prohibited.
20. GENERAL PROVISIONS
The TOU constitute the entire agreement between you and ACPA and governs your use of the Website, the Services and access to the Content, superseding any prior agreements between you and ACPA. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and ACPA shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and ACPA agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario. The failure of ACPA or any of the other Entities to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.