LEGAL NOTICE

By accessing or using this website, or the content provided on or through the website, or by providing information to AVH Engineering Inc. (“AVH”), whether online or otherwise, you are agreeing to, and are legally bound by, the terms and conditions set forth in this Legal Notice and otherwise contained on this website. If you do not agree to accept or comply with them, you must immediately discontinue any use of this website. AVH reserves the right to amend this Legal Notice from time to time, without notice. The revised Legal Notice shall be effective when posted and accordingly, AVH encourages you to refer back to this Legal Notice regularly.

Laws and Regulations

Access to and use of this website are subject to all applicable federal, provincial and local laws and regulations. You agree not to use the website in any way which violates such laws or regulations.

Terms Applicable to Specific Content and Areas of the Website

Certain areas of the website, including content thereon, may have additional rules, guidelines, licence agreements, user agreements, service agreements or other terms and conditions (“Other Terms”) that apply to your access to or use of certain services or areas offered by AVH. If there is a conflict or inconsistency between the Legal Notice and any of these Other Terms for specific services, a specific area of the website or for specific content, then the Other Terms shall have precedence to the extent of the inconsistency in respect to your access and use of that service, area of the website or content.

Use of Software and any Services Relating Thereto

For additional clarity, the website contains software and software as a service offerings (“Software”). Your use of any of the services offered on this website includes use of the Software and accordingly, is subject to any licence, service, user agreements or combinations thereof, that accompanies or is included with the services or Software, as the case may be. In the event access to the services is provided on or through the website without such agreements specific to same, you may use such services subject to the following: (i) it may be used solely for your personal or your internal commercial purposes for general information; (ii) the services and the Software may not be modified, altered or copied in any way; (iii) the services and the Software may not be redistributed or sub-licensed; and (iv) otherwise in compliance with the terms hereof.

Copyright and Other Intellectual Property Reservations

AVH reserves all of its copyright, trade-marks and other intellectual property entitlements and protections in relation to this website and the content, including Software and any related services, available on or through the website, except as expressly granted herein. You agree not to remove or modify any program markings or any notice of AVH’s proprietary rights and marks. Without limitation to the above, none of the content on this website may be reproduced in any form for any purpose without the express written consent of AVH.

Third Party Information

Although AVH monitors the information on or accessible through the website, some of the information is supplied by independent third parties whether through utilization of the services offered hereon or otherwise. Accordingly, without limitation to anything contained herein, AVH makes no warranty as to the accuracy of any such information.

Disclaimer – No Warranty

Although the content (including the Software and services offered in relation thereto) contained on or accessible through this website is believed to be accurate, informative and in working order, AVH assumes no responsibility for any liability which is in any way associated with your use of the website or any such services, Software and related material. Without limiting the above, AVH makes no representation or warranty as to the accuracy of such information, as to its merchantability or as to its suitability for the purpose for which you may wish to rely on it. All content is provided on an “as is” and “as available” basis. AVH makes NO WARRANTY that (i) the website or its contents will meet your requirements; (ii) the website, the Software and the related services will be available on an uninterrupted, timely, secure or error-free basis; or (iii) that the quality of any content will meet your expectations. Any reliance on this website, including the Software and related services, shall be at your own risk.

Limitation of Liability

AVH assumes no responsibility for any liability which is in any way associated with this website. For greater clarity and without limitation to the disclaimers herein, IN NO EVENT SHALL AVH, its subsidiaries or affiliates, or any of their respective directors, officers, employees and agents BE LIABLE for any damages, claims or injuries, whether direct, indirect, special, incidental, punitive or consequential (including, without limitation, for loss of profits, data loss, damage to your computer system, damages for business interruption), suffered by you or any other person relating in any way to your access to, or use of, the website or any content or services provided on or through the website, whether arising from content errors, programming errors, viruses or otherwise, including, without limitation:

a) any actions taken in partial or full reliance upon any information provided on or accessible through this website;

b) any errors, inaccuracies, inconsistencies or misstatements contained on this website or on content accessible through this website;

c) the suitability for any purposes of any products, materials, services or information referenced or contained on or accessible through this website;

d) computer viruses, downtime, delays in transmission or operation, malfunctions in relation to this website and the Software and the services related thereto, including without limitation, failed or inaccurate notifications of renewal or expiry dates;

e) unauthorized use of, or reproduction of, any information on or accessible through this website; or

f) any third party information, advice, products or services on or accessible through this website or any linked websites.

Your Content

You agree that you will only provide, post, transmit, submit, upload or input (“Submit”) content on the website or in the course of utilizing the services provided through use of the Software that is current, complete, correct and accurate and that you have authority to Submit same without violation to or infringement of any person’s intellectual property or other rights. Further, you will not Submit content, or otherwise make available, or use this website in a manner that:

a) is illegal or defamatory, derogatory, degrading or harassing of another or constitutes a personal attack;

b) invades another’s privacy or includes another’s confidential, sensitive or personal information without written authorization;

c) promotes bigotry or racism or is otherwise intended or designed to cause harm;

d) contains any nudity, weapons, viruses or a solicitation of funds.

If you Submit comments, suggestions, ideas or questions, you grant AVH a free, unlimited, irrevocable, perpetual right and licence to use, reproduce, modify, distribute and display such content or material world-wide for any purpose and without obligation to you. You warrant that: (i) you have the right and authority to grant this licence; (ii) AVH’s exercise of the rights granted pursuant to this licence will not infringe or otherwise violate the intellectual property rights of any third party; and (iii) all moral rights in the content have been irrevocably waived, including the right of association by name or pseudonym.

AVH reserves the right, in its sole discretion and without obligation, to monitor and edit or remove any activity or posted material or inactivate any account that appears to violate the terms and conditions contained within this Legal Notice or any applicable Other Terms.

Security and Passwords

Access to and use of password protected and/or secure areas of the website are restricted to authorized users only. You agree not to attempt to gain unauthorized access to any such parts. You agree not to access or use the website in any manner that could damage, disable, overburden or impair any AVH accounts, computer systems or networks or to interfere with the proper workings of the website.

If any content (including Software) requires you to open an account, you will complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. If you are required to choose a password or user name, you agree not to share your password(s), account information or access to the website with any other person. You are responsible for maintaining the confidentiality of such information and for all activities that occur on your account or as a result of access thereto. You agree to immediately notify AVH of any use of your password(s) or your account that you did not authorize or that are not authorized herein.

Internet

Although AVH endeavours to employ standard business security measures to protect your information, confidentiality cannot be guaranteed for transmissions over the internet. Internet transmissions are vulnerable to interception, use and/or alteration by person(s) other than the intended recipient. While AVH has implemented certain safeguards to reduce this risk in relation to its website, internet transmissions to and from AVH are still vulnerable. If you choose to communicate by internet, you do so at your sole risk. AVH shall in no event be liable for, and hereby expressly disclaims liability for, any damage or claim, whether direct, indirect, special, incidental, punitive or consequential, suffered by you or any other person relating to:

a) such transmission; or

b) any internet transmission you expressly or implicitly authorize AVH to make.

Linked Websites

This website may contain links to other websites to assist you in finding additional resources that may be of interest. As well, other websites may link to this website with or without AVH’s knowledge or consent. AVH has no control over the content of such third party sites. Consequently, AVH assumes no responsibility or liability for the material on any such linked sites. As well, any such linked sites shall not imply:

a) an endorsement by AVH of any product, service and/or third party referenced on such site; or

b) any sponsorship, affiliation or association of AVH with the owner of the website, or with the creator, operator and/or sponsor of any such products or services referenced on the website, if other than the owner;

and AVH expressly disclaims any liability in relation thereto.

Indemnity

You agree to indemnify and save harmless AVH, its subsidiaries and affiliates, and each of their directors, officers, employees, agents and contractors, from and against any loss, liability, claim, demand, damages, costs and expenses, including legal costs on a solicitor-client basis, arising out of, or in connection with, your use of this website or any violation of this Legal Notice or any applicable Other Terms (as defined herein).

Privacy Policy

Please review our Privacy Policy for information concerning the collection, use and/or disclosure of personal information in relation to this website.

Waiver and Severability

The failure of AVH to exercise or enforce any rights or provisions in this Legal Notice shall not constitute a waiver of such right or provision. If any part or provision of this Legal Notice is found to be invalid or unenforceable, such part or provision shall be modified to the extent necessary to make the Legal Notice as modified legal and enforceable. The balance of the Legal Notice shall not be affected.

Jurisdiction and Interpretation

If any dispute arises in relation to your use of this website, such dispute shall be governed by the laws of Alberta, Canada, and your use of this website confirms that you agree to this and to attorn to the jurisdiction of the Courts of Alberta.

Any provision or limitation of liability of AVH stated in this Legal Notice or elsewhere on this website shall be interpreted independently, notwithstanding any overlap or repetition, and shall be construed without limitation to any other provision or limitation of liability contained herein.

Questions

If you have any questions concerning the terms and conditions of use of this website, please contact us by e-mail at tos@avheng.com or call us at (780) 461-9393.

*****

Last revised: November 14, 2016

L-16.11.14.1