Terms, Conditions and Risk Policy for using Flight Level Training Inc. Services
Terms and conditions all members agree to upon using the services.
THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A FLIGHT LEVEL TRAINING INC. SITE.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND AGREE TO ACCESS OR OTHERWISE USE THE SERVICES IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SERVICES.
Welcome to the Internet site of Flight Level Training Inc. These Terms and Conditions (as defined herein) apply to all Flight Level Training Inc. Internet site content which reference these Terms and Conditions including, without limitation, any and all training or content relating either directly or indirectly to the field of aviation. By accepting the terms and conditions of this agreement you indemnify and shall not hold “Flight Level Training Inc.” responsible for any liability of any kind what so ever, collectively all business related either directly or indirectly to the services provided by Flight Level Training Inc. The content created by Flight Level Training Inc. is specific to the field of aviation. Any subscriber to the products or services of Flight Level Training Inc. agrees completely to not hold Flight Level Training Inc. liable for anything what so ever for content that may appear to be similar in nature to any other training services offered anywhere including and not limited to internet based technology, books, literature, power point presentation or power point presentations, videos, pictures, handouts that can be printed on paper either by printer technology or written by the hand of a human or anything that in any form may resemble either explicitly or questionably as a piece of training material.
Flight Level Training is a business built to educate and expose its users to a variety of issues related to aviation. You agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Flight Level Training Inc. Site or Service, all as may be modified by Flight Level Training Inc. from time to time in its sole discretion (collectively, the “Terms and Conditions”). If you do not agree with these Terms and Conditions, you may not use a Flight Level Training Inc. Site or any of the Services on a Flight Level Training Inc. Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of a Flight Level Training Inc. Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
3. REGISTRATION, ACCOUNTS AND PASSWORDS
Certain of the Services and related features made available on a Flight Level Training Inc. Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a Flight Level Training Inc. Site, and (b) all activities that occur under such password or account. Further, you agree to notify Flight Level Training Inc. of any unauthorized use of your password or account. Flight Level Training Inc. shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
4. RESTRICTIONS ON USE OF MATERIALS
All material, information and content available on a Flight Level Training Inc. Site (collectively, “Content”), including the manner in which such Content is presented, and the Services are: Copyright © Flight Level Training Inc. Inc., its affiliates and/or licensors. All rights reserved. Such Content is protected by Canadian and worldwide copyright laws and treaty provisions. Flight Level Training Inc. grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a Flight Level Training Inc. Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
Flight Level Training Inc. Site or any of the Services may be the trademarks or registered trademarks of their respective owners. Any use of any trademarks appearing on a Flight Level Training Inc. Site or any of the Services without the express written consent of the owner of the trademark is strictly prohibited.
6. USER CONDUCT
In consideration of the availability, and your use, of a Flight Level Training Inc. Site or any of the Services, you agree to comply with all applicable laws and regulations and these Terms and Conditions when using such Flight Level Training Inc. Site or Service. You acknowledge that Flight Level Training Inc. may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard. Additionally, you agree not to: (a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use a Flight Level Training Inc. Site or any of the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying a Flight Level Training Inc. Site, any of the Services, or the Internet; (b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others including, without limitation, rights relating to privacy and publicity; (c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or (d) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
7. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use a Flight Level Training Inc. Site or any of the Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of a Flight Level Training Inc. Site or any of the Services; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Flight Level Training Inc. Site may contain material that is inappropriate for minors.
8. FORUMS AND CONTENT SUBMISSIONS
By uploading materials to any chat board or forum available on a Flight Level Training Inc. Site (collectively, “Forums”) or otherwise submitting any materials to us through any other content generating or submitting Service on a Flight Level Training Inc. Site, you automatically grant (or warrant that the owner of such materials expressly grants) Flight Level Training Inc. a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service through which the materials were submitted or generated, and for all promotions thereof. Such license shall apply with respect to any form, media, or technology now known or later developed. In addition, you warrant that all “moral rights” in such materials have been waived.
In addition, you automatically grant (or warrant that the owner of such material expressly grants) Flight Level Training Inc. a world-wide, perpetual, royalty-free, irrevocable and non-exclusive right and license to televise, broadcast, transmit, exploit, use, communicate, publicly display and perform, distribute and create compilations and derivative works from, such submitted materials in any manner, media or technology, including, but not limited to all forms of television, wireless and online technology, now known or later developed.
If you are a minor, you must have permission from your parent or guardian to upload any materials to a Forum. Flight Level Training Inc. may request a parent’s or guardian’s email address from anyone who uploads any materials to a Forum for the purpose of verifying with the parent or guardian that he/she has in fact given permission for such uploading. In the event that material is uploaded without permission, all uploaded material will be removed immediately and without notice to you.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. Flight Level Training Inc. cannot be responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Flight Level Training Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
You expressly understand and agree that: (a) a flight level training inc. Site and any of the services are provided on an “as is” and “as available” basis and that flight level training inc. Makes no warranties, representations or conditions (as used in this section, “warranties”) of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement and that any such warranties are hereby expressly disclaimed, and (b) flight level training inc. Specifically makes no warranties that a flight level training inc. Site or any of the services, including any content, information, products or services obtained from or through the use of a flight level training inc. Site or any of the services, will be provided on an uninterrupted, timely, secure or error-free basis or that such services or the results derived therefrom will meet your requirements or expectations.
10. PROFESSIONAL INFORMATION DISCLAIMER
The Flight Level Training Inc. Sites may make available certain information provided by third parties related to various professional fields such as, without limitation, medicine and other health and fitness related matters, law, accounting and financial planning and investments (the “Professional Information”). The Professional Information is provided for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product or course of action. Use of a Flight Level Training Inc. Site does not replace consultations with a qualified medical, legal, financial or other relevant professional. In addition, while the Professional Information is frequently updated, this information changes rapidly and therefore, some of the Professional Information may be out of date. You agree that all risk associated with the use of, or reliance on, any of the Professional Information rests with you. You further agree that Flight Level Training Inc., including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such Professional Information.
11. FINANCIAL INFORMATION DISCLAIMER
The Content (including any facts, views, opinions, recommendations, description of, or references to, products or securities) made available by Flight Level Training Inc. through a Flight Level Training Inc. Site or any of the Services is: (a) for information purposes only; (b) not tailored to the needs or circumstances of any person; and (c) to the extent if applicable to a particular security, only a general discussion of the merits and risks associated there with, d) not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of any entity or security by Flight Level Training Inc., and e) not necessarily reflective of the views or policy of Flight Level Training Inc., including the publisher, contributors and staff of, and advertisers on, a Flight Level Training Inc. Site. You acknowledge and agree that any request for information by you is unsolicited and shall neither constitute nor be construed as investment advice by Flight Level Training Inc.. You should apply your own judgment in making any use of any Content, including, without limitation, the use of any information contained therein as the basis for any conclusions. You bear responsibility for your own investment research and decisions. Prior to making any investment decision, it is strongly recommended that you seek outside advice from a qualified investment advisor. Flight level training inc. Does not provide or guarantee any financial, legal, tax, or accounting advice or advice regarding the suitability, profitability, or potential value of any particular investment, security, or information source. You acknowledge that Flight Level Training Inc. or its affiliates may invest or otherwise hold interests in entities which may be referenced in any of the Services or Content accessible through a Flight Level Training Inc. Site. The views and opinions expressed on a Flight Level Training Inc. Site are not intended to constitute a description of securities bought, sold, or held on behalf of Flight Level Training Inc. nor an indication by Flight Level Training Inc. of any intention to buy, sell, or hold any security.
12. DISCLAIMER REGARDING SEARCH CONTENT
Any and all pictures, sounds, sound effects, sound recordings, musical works, performances, graphics, video, cinematic productions, audio-visual works and any other works (the “Multimedia Content”) located through a Flight Level Training Inc. Site’s search services are protected by copyright and/or other intellectual property laws. Flight Level Training Inc. does not have the right to authorize you to reproduce, distribute, publicly display, publicly perform, communicate or create derivative works from any files containing such Multimedia Content. Where search results link to sites outside a Flight Level Training Inc. Site, all of the Multimedia Content contained on such sites is owned and served by entities other than Flight Level Training Inc.. Flight Level Training Inc. provides you with the URL or address of the Multimedia Content; this information may be used to determine the server of the Multimedia Content. If you intend to make use of any Multimedia Content accessed through a Flight Level Training Inc. Site’s search services for commercial or non-commercial purposes, we strongly suggest that you contact the server and/or owner of the Multimedia Content for permission to use such Multimedia Content.
14. INFORMATION ACCESS
The Flight Level Training Inc. Sites and the Services may provide us with limited access to your computer and/or other electronic access device, as applicable, to provide us with information related to your use of the Flight Level Training Inc. Sites and such Services including Content viewed, amount of time viewed, and general information regarding your device (such as a unique device identifier, your operating system, existing software, amount of available storage space and connectivity and your interaction with the Flight Level Training Inc. Sites and the Services). This information will, among other things, enable us to:
(a) enforce these Terms and Conditions,
(b) manage rights associated with the Content,
(c) generate usage and performance data concerning your use of the Content and the Services,
(d) deliver interest-based advertising to you,
(e) collect information for security purposes,
(f) help you use the Services more effectively, and
(g) otherwise help us to enhance and improve the Content and the Services.
15. COOKIES AND SIMILAR TECHNOLOGIES
By default, most browsers will automatically accept cookies. However, you can disable cookies completely, or be prompted prior to a cookie being loaded, by adjusting your browser’s settings. Please note that disabling cookies may impair the functionality of the website, either fully or in part, and may prevent you from using certain website features, services or applications. Consult each individual browser’s “help” feature for more information.
Flight Level Training Inc. reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a Flight Level Training Inc. Site. Please check these Terms and Conditions regularly for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of a Flight Level Training Inc. Site and any of the Services immediately. Your continued use of a Flight Level Training Inc. Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, Flight Level Training Inc. reserves the right to change, modify, suspend or discontinue any aspect of a Flight Level Training Inc. Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
17. DOWNLOADS AND SHAREWARE
Certain Flight Level Training Inc. Sites allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the “Software”). The Software is made available to you by Flight Level Training Inc. or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by Flight Level Training Inc. or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that Flight Level Training Inc. or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that Flight Level Training Inc., including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
18. CONTENT LINKED TO A FLIGHT LEVEL TRAINING INC. SITE
Please exercise discretion while browsing the Internet. Please note that certain links on a Flight Level Training Inc. Site may take you to other websites. Flight Level Training Inc. provides these links only as a convenience and not as an endorsement by Flight Level Training Inc.. These linked sites are not necessarily under the control of Flight Level Training Inc.. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Flight Level Training Inc. is not responsible for the content of any such linked sites or any other web page which is not part of a Flight Level Training Inc. Site and under Flight Level Training Inc.’s control. Unless otherwise expressly provided, Flight Level Training Inc.l makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Flight Level Training Inc. will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Flight Level Training Inc. Site.
19. DEALINGS WITH THIRD PARTIES
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a Flight Level Training Inc. Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Flight Level Training Inc. assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours alone. You agree that Flight Level Training Inc. shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
20. SUBSCRIPTION/FEE BASED SERVICES
Certain of the Services made available on a Flight Level Training Inc. Site may be offered by Flight Level Training Inc. on a payment basis (a “Pay Service”). Pay Services may be offered by Flight Level Training Inc. on a prepaid usage basis or on a periodic subscription (“Subscription”) basis. Should you choose to purchase a Pay Service, you will be required to register as described above, and you will be assigned an account for such Pay Service (the “Pay Service Account”) based on the information you provide as part of the registration process. You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including any fees associated with the use of such Pay Service together with all applicable taxes (the “Fees”). Unless otherwise indicated on the relevant Pay Service description page (the “Pay Service Description”), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. Flight Level Training Inc. reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
Please note that Subscription Pay Services renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.
By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, including any coupons or credits related to same for any commercial purposes whatsoever, (d) that Flight Level Training Inc. reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service, and (e) that Flight Level Training Inc. reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Flight Level Training Inc. has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Flight Level Training Inc. shall be in addition to and without prejudice to such rights and remedies as may be available to Flight Level Training Inc., including injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Flight Level Training Inc. or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including chargeback, Flight Level Training Inc. reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
You agree to defend, indemnify and hold harmless each of Flight Level Training Inc., its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Flight Level Training Inc. Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Flight Level Training Inc. Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Flight Level Training Inc. Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
22. LIMITATION OF LIABILITY
You expressly acknowledge and agree that in no event shall flight level training inc., including its affiliates and licensors, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether flight level training inc. Had been advised of or could have foreseen the possibility of such damages, arising out of or in connection with: (a) the use, inability to use or performance of any of the services of a flight level training inc. Site, (b) any unauthorized access to or modification to any of your content or transmissions, or (c) any other matter relating to a flight level training inc. Site or any of the services. You expressly acknowledge that Flight Level Training Inc. has entered into this agreement, and has and will make a Flight Level Training Inc. Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Flight Level Training Inc.. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
23. GOVERNING LAW/JURISDICTIONAL ISSUES
All Flight Level Training Inc. Sites and Services are controlled, operated and administered by Flight Level Training Inc. from its offices within Canada. Flight Level Training Inc. makes no representation or warranty that a Flight Level Training Inc. Site or any of the Services are appropriate or available for use at any locations outside Canada. If you access a Flight Level Training Inc. Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Flight Level Training Inc. Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Subject to Section 24 (Arbitration and Actions), each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
24. ARBITRATION AND ACTIONS
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Flight Level Training Inc. Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that Flight Level Training Inc., in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Flight Level Training Inc. Site or any of the Services, and remove and discard any information or content related to a Flight Level Training Inc. Site or any of the Services (and your use thereof), for any reason, including where Flight Level Training Inc. believes that you have violated any of these Terms and Conditions. You further agree that Flight Level Training Inc. shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Flight Level Training Inc. Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Flight Level Training Inc. in operating a Flight Level Training Inc. Site or any of the Services, your sole and exclusive remedy is to discontinue using a Flight Level Training Inc. Site or any of the Services.
26. SUBMISSION OF IDEAS AND/OR SUGGESTIONS
Flight Level Training Inc. is always improving its websites and Services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them – but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTION OR RELATED MATERIAL TO FLIGHT LEVEL TRAINING INC. BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL TO FLIGHT LEVEL TRAINING INC., YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND ARE REPRESENTING AND WARRANTING TO FLIGHT LEVEL TRAINING INC. THAT THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR SUGGESTION OR ANY RELATED MATERIAL AND THAT FLIGHT LEVEL TRAINING INC. IS FREE TO IMPLEMENT THE IDEA AND/OR SUGGESTION AND TO USE THE RELATED MATERIAL IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY FLIGHT LEVEL TRAINING INC., WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
27. GENERAL PROVISIONS
This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Flight Level Training Inc. and you pertaining to your use of a Flight Level Training Inc. Site, Services and Content and supersede any prior agreements between you and Flight Level Training Inc. with respect to the subject matter hereof. Flight Level Training Inc.’s failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s’y rattachent soient rédigés en anglais.
Flight Level Training Inc. provides a guarantee that a user of our services will be successful when writing their official exam. This is predicated on the customer taking ownership of their own proper preparation in order to be successful. By signing up for a preparation course the customer agrees that the material that they have reviewed in addition to taking a Flight Level Training Inc. preparation course of their choosing has referenced all available documentation published by Transport Canada in the appropriate study and reference guide and has read, reviewed, and comprehended the material to a level that would allow them to be successful. Failure to adhere to these terms and conditions voids the guarantee of successfully passing any exam. The business of being a pilot is an extremely serious one. Flight Level Training does not offer a “short cut” to getting a license, but rather offers a product that efficiently tests your knowledge and gives clients and customers exposure to what the real testing environment looks like throughout the industry.
RISKS AND POLICIES
Please read this carefully before you access this site or use any information contained herein. Flightleveltraining.com and Flight Level Training Inc. may, at any time, modify those terms & conditions and therefore, it’s your sole responsibility to check any changes, each time you access this site. Continue using this site means that you accept all terms & conditions below.
You (the user) should be aware of the risk and potential to be unsuccessful when writing any test or exam. The material contained on our website must be used at users own risk. Material is believed to be reliable, but we do not guarantee its accuracy or validity, nor is flightleveltraining.com responsible for any errors or omissions which may occur. The analysis and/or recommendations made by flightleveltraining.com do not provide, imply, or otherwise constitute a guarantee that every single user of our product will be successful. All contents and recommendations are based on data and sources believed to be reliable, but accuracy and completeness cannot be guaranteed. It should not be assumed that the result or performance of one client or customer will predict future results for any other client or customer. The flightleveltraining.com website and material contained therein is not a solicitation to participate in the aviation industry. There is risk involved in aviation. Flight Level Training Inc. assumes no responsibilities for users results. The indicators, strategies, articles and all other features are for educational purposes only and should not be construed as an exact indicator of what you could achieve on the actual writing of your exam. User’s use of the information is entirely at your own risk and it is your sole responsibility to evaluate the accuracy, completeness and usefulness of the information. You must assess the risk of anything you choose to do in the field of aviation or aeronautics. Make your own independent decisions regarding any decision in aviation and always put safety first. User understands and agrees that flightleveltraining.com shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses. Flight Level Training Inc. grants the user a license to use the flightleveltraining.com’s preparation course for the user’s sole, personal and private study, practice and preparation use only. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our services or access to our services. The user agrees that the user will not copy nor license, sell, transfer, make available or otherwise distribute the system to any entity or person. flightleveltraining.com shall use user’s best efforts to stop any such copying or distribution immediately after such use becomes known.
Preparation Products. All sales of preparation products (e.g., digital audio downloads, compact discs, special reports, white papers, ebooks, practice tests etc.) are final.
FlightLevelTraining.com cannot guarantee the delivery of emails and/or SMS text messages to user and therefore is not responsible for any undelivered email signals to the customers. Please check with your email provider and advise them that you will be receiving emails from flightleveltraining.com
When it comes to writing any test or exam there is always a risk that you could fail. Flight Level Training Inc. has taken all reasonable steps to ensure the exposure provided with our products will allow our clients and customers to succeed. It is imperative to understand that our product is not a short cut to passing, we provide a guarantee that you will be successful based on the client and customer taking ownership of their own preparation and properly comprehending all of the material as it pertains to their specific course of study. By using Flight Level Training Inc. services, you hold Flight Level Training Inc. harmless and not at fault in the event that you are unhappy or dissatisfied with the result of your test.
HYPOTHETICAL PERFORMANCE DISCLAIMER:
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY USER WILL OR IS LIKELY TO ACHIEVE THE INDICATED GRADE AT THE COMPLETION OF A SPECIFIC CATEGORY WITHIN A PREPARATION COURSE OR THE ENTIRE PREPARATION COURSE AS A WHOLE. IN FACT, THERE ARE FREQUENTLY DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY WRITING AN INVIGILATED EXAM OR TEST. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TEST PREPARATION DOES NOT INVOLVE RISK, AND NO HYPOTHETICAL TEST PREPARATION CAN COMPLETELY ACCOUNT FOR THE IMPACT OF RISK OF FAILURE AND CONSEQUENCES INVOLVED WITH THE ACTUAL WRITING OF AN INVIGILATED EXAM OR TEST. FOR EXAMPLE, THE ABILITY TO ANSWER A QUESTION CORRECTLY BECAUSE YOU HAVE THE ASSOCIATED REFERENCE WITH YOU AND THE ABILITY TO USE IT WHEN ANSWERING A QUESTION IN OUR PREPARATION COURSE DOES NOT ACCURATELY REFLECT THE ACTUAL TESTING ENVIRONMENT. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE WRITING OF EXAMS AND TESTS IN GENERAL WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL WHICH CAN ADVERSELY AFFECT A CUSTOMER OR CLIENTS RESULTS.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
• To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To administer a contest, promotion, survey or other site feature.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
• To follow up with them after correspondence (live chat, email or phone inquiries)
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won’t affect the user’s experience that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders .
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
We have implemented the following:
• Remarketing with Google AdSense
• Demographics and Interests Reporting
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
Users can visit our site anonymously.
Users are able to change their personal information:
• By logging in to their account
• By chatting with us or sending us a ticket
Does our site allow third-party behavioral tracking?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via email
• Within 7 business days
We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders.
• We may also send you additional information related to your product and/or service.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM we agree to the following:
• NOT use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at
[email protected] and we will promptly remove you from ALL correspondence.