TERMS OF USE:
By accessing this Site, you agree that your access to, and use of the Site will be subject to the conditions set forth in this legal notice and all applicable laws.
Here after www.presidentialair.ca is referred to as (the "Web Site", "Site", "Presidential Contents") and these terms and conditions of use are referred to as ("Terms of Use") are a legal agreement between the user and/or you ("you") and Presidential Air Inc, here after referred to as ("Presidential Air", "us") and apply to and govern your use of and access to this web site.
By accessing the Presidential Air's web site as well as Corporate Information, you agree that your access, and use of the Site will be subject to the following terms and conditions, please review them before using this website. Your use and access of this web site indicates your acceptance to these Terms of Use and that you accept to be legally bound by them.
By using and/or accessing the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You accept financial responsibility for all use of the Site under your name or account, including without limitation of all uses of your account by others, including minors living with you. You may allow other members of your household to use the Site under your name or account only if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You further agree to supervise all minors who use the Site under your name or account. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.
Presidential Air reserves the right at any time to change this Agreement as well as any products or services contained on or referenced in our web site, in its sole discretion, without notice or liability. If you do not agree and accept, without limitation or qualification, these terms, please exit the Site.
YOUR INDEMNITY OBLIGATION
You agree to indemnify, defend, and hold harmless Presidential Air, together with, but not limited to, its affiliates, subsidiaries, parent companies, successors or assigns, and any present or former officer, directors, shareholders, employees, agents, legal representatives or attorneys (the "indemnified parties") from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses, demand, proceeding or anything of a similar nature made or brought against any of the indemnified parties , based on, arising out of or resulting from your use of the Site, including without limitation to any claims alleging facts that if true would constitute your breach of this agreement.
TRADE MARKS
This Site and all of its content, including, but not limited to, all Brand, Logos, text, graphics, company name, button icons, images, software, photographs, video clips, displayed trade-marks, displayed or referred products and services and the presentation contained herein including "Now Everyone Can Fly First Class" ("Presidential Contents") is the trade-mark of Presidential Air and belongs to Presidential Air. The design and layout of this Site, Names, Logos including but not limited to the look, color scheme and feel of the Site is the exclusive property of Presidential Air and may not be used, copied, distributed or displayed in any way. All trademarks, logos, or service marks, whether registered or unregistered, are proprietary to Presidential Air. This Site may contain proprietary notices and copyright information, the terms of which must be observed and followed. Any use of any such displayed information, Brand, Logos, text, graphics, company name, button icons, images, software, displayed trade-marks appearing on the web site without the express written consent of Presidential Air's Chief Executive Officer and/or Owner or the person who is delegated to express such written consent, is prohibited.
LIMITED PERSONAL LICENSE
Presidential Air Inc. grants you a limited personal license to access, use, and make personal use of the information on the web site and Presidential Contents. Your Limited Non-exclusive license does not include, without limitation:
i) Any commercial use, resale purpose/use of the Presidential contents/ web site or content therein, including but not limited to the transmission of any information or software obtained through the web site, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Web Site and/or Presidential Contents.
ii) Any interference with or disrupt the Web Site or servers or networks connected to the Web Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any "denial of service" attacks, "spamming", "crashing", "flooding" or "mail-bombing" the Web Site. Use or access, encourage, aid, assist or abet or solicit, permit, facilitate, , including, but not limited to, the selling, licensing, distribution or provision to any person of any means that permit, the use or access, or agree to provide the use or access, of Presidential Air web site through any method including but not limited to automated scripts, manual and/or automatic processes, electronic or technical devices ,robots, automated or electronic agents, or similar data gathering and extraction methods. Use of or taking any action or use of any program or machine that is indented to or may lead to interference with the operation of the Web Site. Any attempt to obtain unauthorized access to any secure part of the Web Site or data available on or through the Web Site.
iii) Any use of this Presidential Contents or web site contents without Presidential Air express written consent. To request such permission to use Presidential Air intellectual property, you may contact 1 888 5 FLY VIP. Presidential Air reserves the right to refuse any permission request without any reason and/or for any reason.
iv) Any false use of password or personal identification number during logging into the Web Site, or misrepresent one's identity or authority to act on behalf of another.
v) Any omit or misrepresentation of the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trade-mark.
vi) Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
LIABILITY DISCLAIMER
Any information, software, products, services, material or other content found or offered on or provided or accessible through or obtained or obtainable from Presidential Air web sites (collectively, the " presidential contents") is on an "as is where is" and "as and where available" basis and without any representations, guarantees, conditions or warranties of any kind or nature whatsoever, express or implied. Presidential Air does not and cannot guarantee that site content and/or presidential content (including, without limitation, promotional information or travel restrictions, flight schedules, fare information,) is accurate or complete or current at all times. Presidential Air makes no commitment to update the presidential contents. Presidential Air does not warrant that the Presidential Air web sites will operate error-fee or that any server used in connection with the Presidential Air web site is or will be free of any Trojan horse, virus, worm, or other program code or programming instruction or set of instructions designed to disrupt, disable, harm interfere with or otherwise adversely affect computer programs, data files or operation.
To the fullest extent permitted by the law, Presidential Air disclaims any and all conditions and warranties, whether express or implied, including the condition or warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranties respecting title, quality, performance accuracy, completeness, or timeliness of data, all of which Presidential Air hereby expressly disclaims to the fullest extent permitted by law. Presidential Air further makes no warranties or representations concerning the accuracy, reliability, completeness, or timeliness of the data accessed by use of the web site.
In no event shall Presidential Air, indemnified parties together with, but not limited to, its affiliates, subsidiaries, parent companies, successors or assigns, and any present or former officer, directors, shareholders, employees, agents, legal representatives or attorneys be liable for any incidental, indirect, direct, special, economic, punitive, exemplary or consequential damages arising out of, or in any way connected with, the use of the Presidential Air web sites and the presidential contents.
Presidential Air accepts no obligation to make the data available on a reasonable basis on any pre-agreed basis or at all. While Presidential Air makes reasonable commercial efforts to do so, access to the data shall in all cases be a privilege and not a proprietary interest or right of any kind. Presidential Air may terminate access to the data, or interrupt access to the data, at any time, without liability or notice. Presidential Air shall be free to change, modify, delete and deal with the data as it sees fit. Other parties may have access to the data and may and/or can amend, modify, delete or change the data. You access and use Presidential Air's web sites at your own risk.
GOVERNING LAW
You agree that this Agreement is made and entered into in Ontario, Canada. You agree that the laws of the Province of Ontario, Canada without regard to the conflicts of laws principals governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law principles. You hereby agree and confirm that your use of the Web Site and all of the transmissions, transactions, and communications associated with the Web Site and/or Presidential Contents shall be deemed to have occurred in the Province of Ontario, Canada and that you irrevocably agree Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the courts of the Province of Ontario, Canada as the proper and most convenient forum concerning the Web Site, You agree and understand that you will not bring against Presidential Air, together with but not limited to its indemnified parties or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of the Site. You hereby agree and confirm not to bring any complaint and not to file any action in any other court whatsoever. Nothing contained in this section shall prevent Presidential Air from taking and/or commencing action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this agreement.
LIMITATION OF LIABILITY
You further agree that in no event will Presidential Air or its indemnified parties, its affiliates, subsidiaries, parent companies, successors or assigns, and any present or former officer, directors, shareholders, employees, agents, legal representatives or attorneys be liable for indirect, general, special, economic, consequential, exemplary or punitive damages or for any damage of any kind including, without limitation, incidental, direct, indirect,, consequential, exemplary, resulting from the use of, or inability to make use of, this web site, whether based on warranty, tort, contract, equity, strict liability or any other cause of action, including without limitation, for loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, or from defamation, libel or slander, or any other damages whatsoever, whether or not Presidential Air or any of its indemnified parties, affiliates, subsidiaries, parent companies, successors or assigns, and any present or former officer, directors, shareholders, employees, agents, legal representatives or attorneys are advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue the use the web site and/or presidential contents. The total aggregate liability of Presidential Air shall in all not exceed twenty dollars ($20.00) in Canadian currency.
YOUR PRIVACY
Presidential Air values your privacy, and consistent with the Presidential Air's privacy policy, we ask you to provide us with certain information when you request for a quote, Book a flight, purchase travel or when you use certain personalized services. You hereby agree that when your provided information will be accurate. Under no circumstances will you provide false or misleading information. Presidential Air agrees to use this information in a manner consistent with Presidential Air privacy policy. Please click on the "Privacy Policy" link at the bottom of any page to review Presidential Air's privacy policy. While Presidential Air takes reasonable safety steps to prevent unauthorized access to your private information, Presidential Air is not responsible for the acts of those who gain unauthorized access, and Presidential Air makes no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. In no event shall Presidential Air or its indemnified parties, its affiliated companies be liable for any damages, whether consequential, direct, incidental, indirect, punitive, special, or otherwise, arising out of, or in any way connected with, a third party's unauthorized access to your information, regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and also regardless of whether Presidential Air was given actual or constructive notice that damages were possible.
CONTACTING PRESIDENTIAL AIR
We love to hear from our clients and will be pleased to receive your comments, suggestions and questions by phone, email or post. If you require immediate assistance, please call us at 1-888-5-FLY-VIP. If you would like to contact us via email at bookings@presidentialair.ca, you can expect a response within seven business days. For more information on how to contact Presidential Air visit our Contact Us page.
LINKS TO THIRD PARTY WEB SITES
The Presidential Air web site may provide you with links and references to other web sites which are not operated, controlled or maintained by Presidential Air. Presidential Air is not responsible for the contents of such other web sites and will not guarantee that these third party web sites and contents will not change. You assume sole liability for the access and the use of such web sites and contents. The inclusion of such third party web site links of Presidential Air's web site does not imply Presidential Air's approval or endorsement of the linked third party web sites or their contents. These third party web sites are not controlled, operated or maintained by Presidential Air. Should you navigate to another web site by clicking on an unaffiliated web site link, you are doing it at your very own risk and you should be informed that our terms and conditions no longer govern.
Presidential Air does NOT give you the permission to provide references or to link to our web site and to use any Presidential Air's trademarks, site address, icon and to provide such references or links, unless you have written consent of Presidential Air's Chief Executive Officer and/or Owner or the person who is delegated to express such written consent.
UNENFORCABILITY OF PROVISIONS, GENERAL TERMS
Presidential Air may assign any of these Terms of Use to any other person in Presidential Air's discretion. You may not assign these Terms of Use. If any provision of these Terms of Use is determined to be invalid or unenforceable in whole or in part by any court of competent jurisdiction, the invalidity or enforceability of such provision will attach only to such provision or part thereof, and the remaining part of such provision and all other provisions of Terms of Use hereof shall continue in full force and effect.
No waiver of any provision of the Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All waivers by Presidential Air must be in writing. These Terms of Use together with the Privacy Policy are the entire agreement between Presidential Air and you concerning your use and access to the Web Site, subject to any other agreements entered into by you and Presidential Air concerning the purchase of products and services on or through this Web Site. These Terms of Use shall continue to be in force (subject to amendment as provided above) unless and until terminated by Presidential Air, which Presidential Air may choose to do in its discretion at any time without notice to you.
This electronic document, and all other electronic documents referred to or incorporated herein, will be:
(i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; and
(ii) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.