Terms & Conditions
This website (“Website”) is owned [and operated] by Blackjet Inc. (“Blackjet”).
Your use of this Website is expressly conditioned on your acceptance of these Terms of Use. Please read the following Terms of Use before using this Website.
By accessing or using this Website, you agree to these Terms of Use. If you do not agree with the contents of these Terms of Use, you must not use this Website.
These Terms of Use shall apply regardless of the means by which this Website was accessed, including but not limited to, through the URL address blackjet.ca, electronic mail, or links from another site.
1. Ownership
All information, materials, designs, and images (“Materials”) contained in this Website are the property of Blackjet or its clients and licensors and are protected by copyright, trademark, and other intellectual property laws. Materials from this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way except as otherwise permitted in the limited use license below. Any modification of the Materials or use of the Materials for any purpose other than the limited use license below is a violation of the copyright, trademark, and other intellectual property rights. All copyright, trademark, and intellectual properties referred to on this Website are properties of their respective owners.
2. Limited Use License
Subject to these Terms & Conditions, the Materials on this Website are for your general information and solely for your personal, noncommercial use provided that the Materials are not modified, and reference to all copyright, intellectual, and proprietary notices contained in such Materials are not deleted. You may only use this Website for lawful purposes.
You agree not to:
- place or display any page from this Website in a “frame” within your own site or that of a third-party site;
- create and/or maintain any link of this Website to another site;
- create and/or maintain any link from another site to any page of this Website without Blackjet’s prior written consent;
- modify the Materials;
- use the Materials for any commercial purpose or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on this Website;
- remove any copyright or other proprietary notations from the Materials; and
- transfer the Materials to another person or site.
Blackjet reserves the right in its sole discretion to edit or delete any comment, email displayed, uploaded to, or otherwise sent to the Website.
3. Links to other sites
This Website may contain links to sites operated by parties other than Blackjet. Such links are provided for your convenience only, and you access them at your own risk. Blackjet does not control such sites and is not responsible for their contents. The inclusion of any link does not imply endorsement by Blackjet of the sites.
4. Indemnity
You agree to indemnify and hold harmless Blackjet, its officers, directors, shareholders, employees, agents, licensors, clients, successors, and assigns (“Blackjet Party”) from any and all liability and damages, losses, damages, claims, suits, and expenses, including reasonable legal fees and expenses, of whatsoever kind and nature imposed on, incurred by, or asserted against the Blackjet Party in connection with any claim or demand arising out of, related to, or connected with your access or use of this Website or your violation of the Terms of Use or your violation of any third-party rights. Blackjet Party reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with Blackjet’s defense of such claim.
5. Disclaimer
THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. BLACKJET ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN OR RELIANCE UPON THE MATERIALS CONTAINED IN THIS WEBSITE. BLACKJET DOES NOT WARRANT THAT THIS WEBSITE OR ITS MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT BLACKJET’S WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLACKJET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS THAT YOU READ ON THIS WEBSITE ARE PROVIDED SOLELY FOR INFORMATIONAL PURPOSES.
6. Limitation of Liability
BY ACCESSING THIS WEBSITE, YOU ASSUME RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE MATERIALS THEREOF. IN NO EVENT SHALL BLACKJET OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, OR CLIENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF YOUR ACCESS TO, USE OF, OR RELIANCE UPON THIS WEBSITE OR ITS MATERIALS, EVEN IF BLACKJET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE.
IN ANY EVENT, BLACKJET’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR ARISING FROM YOUR ACCESS TO, USE OF, OR RELIANCE UPON ACCESS TO THIS WEBSITE OR ITS MATERIALS IN ANY MANNER SHALL BE LIMITED TO ($10.00) CANADIAN DOLLAR.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. CONSEQUENTLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE SAID EXCLUSIONS TO LIABILITY ARE LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
7. Consent
Blackjet reserves the right, at its sole discretion, to change the terms and conditions herein at any time. By continuing to access and/or use this website, you are agreeing to be bound by the then-current version of these Terms of Use. Please check the Terms of Use page periodically for changes.
8. Termination
Blackjet Inc reserves the right to cancel or terminate your ability to use its Website or the Materials thereof at any time without notice to you.
Notwithstanding termination of these Terms of Use by either party for any reason, Sections 1, 4, 5, 6, 8, and 9 survive.
9. General
These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Blackjet regarding the Website. If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The headings used in these Terms of Use are for convenience purposes only and shall not affect the interpretation or construction of the agreement. The failure of Blackjet to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any such provision or right. These terms and conditions shall be governed and interpreted in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflicts of laws principles. In the event of any claim or dispute arising from these terms, you agree to submit to the exclusive jurisdiction and venue of the courts located in the Province of Ontario.
10. Effectively
These terms became effective on 03/21/2022.