Disclaimer of Warranties
THE WEB SITE AND THE CONTENT IS PROVIDED "AS IS". WHILE CAE ENDEAVOURS TO PROVIDE INFORMATION THAT IS CORRECT, ACCURATE AND TIMELY, CAE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEB SITE AND THE CONTENT INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY THAT (I) THE CONTENT CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY AND FIT FOR A PARTICULAR PURPOSE, (II) THE WEB SITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR TIMELY, (III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE OR THE CONTENT, BE IT HUMAN OR COMPUTER ERRORS, WILL BE CORRECTED, (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS, AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL CAE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF, OR RELATING TO, LOST BUSINESS, LOST PROFIT, BUSINESS INTERRUPTION, INACCURATE INFORMATION, OR ANY OTHER LOSS INCURRED IN CONNECTION WITH THE USE OR MISUSE OF THE WEB SITE, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF CAE KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
The Content is protected by copyright law, and is owned by CAE, its licensors, and/or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Web site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of CAE.
Notwithstanding the foregoing, and subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Web site for your personal, noncommercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content. If you violate any provision of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any Content.
CAE and CAE & Design are trademarks of CAE Inc.. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Web site may constitute registered or unregistered trademarks of CAE Inc. or third parties. While certain trademarks of third parties may be used by CAE under license, the display of third party trademarks on the Web site should not be taken to imply any relationship or license between CAE and the owner of the trademark or to imply that CAE endorses the wares, services or business of the owner of the said trademark.
The Web site may contain links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by CAE of the contents of such third-party web sites. CAE is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation, (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness or suitability of any content on such third-party web sites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party web sites, or (iii) any representation or warranty that the operation of such third-party web sites will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected, or that such third-party web sites will be free from viruses or other harmful components. While CAE encourages links to the Web site, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any unlawful information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of CAE or which contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. CAE reserves the right to prohibit or refuse to accept any link to the Web site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Web site upon the request of CAE.
The Web site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other persons content or materials (collectively, “User Contributions”) on or through the Web site.
All User Contributions must comply with the Content Standards set out below.
Any User Contributions you post to the Web site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Web site, you grant CAE and its affiliates and service providers, and each of their and respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to CAE and its affiliates and service providers, and each of their and respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with the terms and conditions of this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CAE, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
CAE is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Web site.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions, including posts, comments, images, or videos, must comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is offensive, insulting, harmful, defamatory, obscene, indecent, abusive, harassing, violent, hateful, disrespectful, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Contribute to a negative or unwelcoming community spirit.
Monitoring and Enforcement
CAE has the right to:
- Remove or refuse to post any User Contributions that we deem necessary or appropriate in our sole discretion, including if CAE believe that such User Contribution violates the terms and conditions of this Agreement infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Web site or the public, or could create liability for CAE.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Web site.
- Terminate or suspend your access to all or part of the Web site for any or no reason, including any violation of the terms and conditions of this Agreement.
Without limiting the foregoing, CAE has the right to cooperate fully with any law enforcement authorities or court order requesting or directing CAE to disclose the identity or other information of anyone posting any materials on or through the Web site. YOU WAIVE ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CAE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CAE OR LAW ENFORCEMENT AUTHORITIES.
Nonetheless, CAE cannot or do not undertake to review all material before it is posted on the Web site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, CAE assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. CAE has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Any comments or materials ("Submissions") that you send to CAE shall be treated as non-confidential unless otherwise agreed between you and CAE in writing. You hereby grant CAE a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose, and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. Subject to your rights as per CAE’s Privacy Statement and in addition to the grant of the above license, you hereby (i) agree, to the extent possible under applicable copyright laws, to waive all moral rights in your Submission in favour of CAE, (ii) consent to your name, address and e-mail appearing as the contributor of your Submission, where applicable, and to the disclosure and display of such information and any other information which appears in or is associated with your Submission, (iii) acknowledge and agree that CAE is not responsible for any loss, damage or corruption that may occur to your Submission, and (iv) acknowledge and agree that your Submission will be non-confidential.
Any information sent or received over the internet is generally unsecure. CAE cannot guarantee the security of any communication to or from the Web site.
This Agreement and CAE’s Privacy Statement constitutes the entire agreement between you and CAE with respect to the subject matter hereof. This Agreement shall inure to the benefit of, and be binding upon you and CAE and each of our respective successors and assigns. The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not affect the validity or enforceability of any other provision or covenant contained herein and any such invalid provision or covenant shall be deemed severable from the rest of this Agreement.
Governing Law and Jurisdiction
By accessing or using the Web site, you agree that all matters relating to your access to, or use of the Web site and its Content shall be governed by the laws of the Province of Quebec and the laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Quebec with respect to all matters relating to the Website.
Questions or comments regarding the Web site should be directed by e-mail to [email protected]
© 2018, CAE Inc. All rights reserved. Certain sections of the Web site may contain forward-looking statements involving risks and uncertainties which may cause actual results or events to differ materially from our expectations expressed in or implied by such forward-looking statements. We caution you against relying on any of these forward-looking statements. The forward-looking statements on this Web site are made as of a specific date and, accordingly, are subject to change after such date. These may include, but are not limited to, quarterly fluctuations in results, timely availability and customer acceptance of new products, the impact of competitive pricing and products, general market trends and conditions, and other risks detailed in CAE's Annual Information Form and the Management Discussion and Analysis portion of CAE's Annual Report.