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Terms of use

Last Update: June 15th, 2015

1. INTRODUCTION

We encourage all users of the Aircraft Modelers Research Inc. (hereinafter "AMR") website www.AMR-RC.com (the “Site”) to read and take note of the entire terms and condition of the use of the Site (the “Conditions”).

Aircraft Modelers Research Inc. (hereinafter "AMR") grants you access to its website, conditional to your acceptance of the terms, conditions and notices contained herein (these "Terms of Use"). For the purposes of these terms of use, "Content" means, collectively, any text, images, graphics, software, source code, applications, specifications, audio files, videos, articles, trademarks, logos and other information or content available through the sites that are not submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.

2. ACCEPTANCE OF TERMS.

2.1. Acceptance. Please read these Terms of Use the Privacy Policy carefully. By using the Site, you agree to these Terms of Use, and you consent to the collection, use and disclosure of information as described in these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use and the terms and conditions of our Privacy Policy, you must exit the Site immediately and discontinue any use of the Site and any of its Content. Your continued use of the site shall be deemed to be your agreement to abide by each of the terms set forth below.

2.2. Modification to Terms and Conditions. AMR can change these terms at any time by posting updated Terms of Use on the Site or by sending registered users an email notice of the changes. In such cases, AMR will change the date of the last update at the top of the page and will post a notice on its Site. In accordance with the Notice, you undertake to examine the modified terms. You continued use of the Site after such modification shall constitute your agreement to be bound by the Terms of Use as modified.

3. USE AND RESTRICTIONS.

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older (or 21 years of age in jurisdiction where this is the legal age), and who are not barred from using the Site under applicable laws.

The Site is provided solely as a convenience to you for your non-commercial use. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that AMR, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. You further agree that you will not:

 

  • (a) resell for commercial purposes products purchased through use of the Site;
  • (b) resell or make commercial use of the Site or Content therein;
  • (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
  • (d) collect or use any product listings or descriptions;
  • (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites;
  • (f) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;
  • (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site;
  • (h) use, frame or utilize framing techniques to enclose any AMR trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without AMR’s express written consent; or
  • (i) use any meta tags or any other “hidden text” utilizing an AMR name, trademark, or product name without AMR’s express written consent.

 

Any unauthorized use of the Site will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Site, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

4. MODIFICATIONS TO SITE

Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, AMR reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.

AMR tries to give the most recent and correct information possible. However, errors may occur without our knowledge and despite our will. When products are advertised on its site, AMR cannot guarantee that they will be available at the time of purchase or in the future.

AMR retains the following rights and privileges:

 

  • • Update the entire web site at any time, without warning and without involvement between you or any other person;
  • • Update or modify the products and services available online, prices and costs, the various promotions, at any time, without warning and without involvement between you or any other person;
  • • Deny, modify or delete any order, whether already accepted or not, for any reason that AMR finds valid;
  • • Set a maximum quantity of goods and services up for sale.

 

5. INTELLECTUAL PROPERTY

The contents of this website are the property of AMR and are protected by Canadian and international laws on copyright and trademark, and other laws.

5.1. Scope of Intellectual Property Protection. AMR has a variety of tools, documents, software, identification marks, trademarks, logos, processes and projects that qualify as protected works under Canadian and international intellectual property legislation (hereinafter “Content”). All Site visitors agree to respect these laws and to undertake all necessary efforts to do so. Visitors are not authorized to reproduce, distribute or otherwise use this protected material. No rights, title or interest in and to the Content is transferred to visitors as a result of visiting the Site.

5.2. Copyright. The Content and the Site, as well as the selection and arrangement thereof, are the sole property of AMR or its partners and affiliated, and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with AMR's express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, AMR grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by AMR's partners and affiliates may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without AMR’s express prior written consent.

5.3. Trademarks. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to AMR or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of AMR, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of AMR or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of AMR.

“AMR” is a trademark that may or may not be registered at the Canadian Intellectual Property Office, U.S. Patent and Trademark Office, and in various other jurisdictions around the world.

5.4. Copyright and Trademark Infringement. AMR respects the intellectual property rights of others, and we ask you to do the same. AMR may, in appropriate circumstances and at our discretion, terminate service and access to the Site for users who infringe the intellectual property rights of others.

6. YOUR ACCOUNT

In order to purchase products or services through the use of the Site, you must establish an account with AMR. You are solely responsible and liable for:

 

(i) maintaining the security and confidentiality of your account and your account password;
(ii) restricting access to your computer and your account; 
(iii) keeping your email address listed on your account current; and
(iv) for all activities, including, without limitation, all purchases of products and services through the use of the Site that occur under your account or your account password.

 

You acknowledge and agree that AMR may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Site, and all information relating to the use of the Site under your account or account password if AMR is required to do so by law or legal process or if AMR determines, in its sole discretion, that such action is necessary to protect the rights of AMR, third parties, and other users of the Site or for purposes of responding to your request for customer service. AMR’s right to disclose any such information shall govern over any terms of our Privacy Policy.

7. TERMS OF SALE

All product sales from the Site are governed by any terms of sale that may be posted on the Site. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in AMR’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of the Site.

8. ELECTRONIC COMMUNICATIONS – ANTI SPAM LAW

You consent to receive electronic communications from AMR either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.

In light of the coming into force of the new Canadian Anti-Spam Law (S.C. 2010, c. 23) (“CASL”) on July 1st, 2014, your express consent to receive our communications such as email, newsletters, promotions, contests, etc., is required.

Your express consent may be verbal (the conversation must be recorded), electronic (email containing the name, date and email address), or written.

Tacit consent refers to a business relationship without having received an express consent. An active contract, or an agreement less than 24 months old, a purchase in the last 24 months, a request for information during the last 6 months, a request for an estimate in the last 6 months, an active private relationship, an exchange of business cards and an email address publicly displayed in relation to your activities are acceptable tacit consents. You may at any time unsubscribe from our mailing list by activating a link that will be provided in our communications. Please note that in the absence of consent on your part, you may be withdrawn from our mailing list.
9. SUBMISSIONS
You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with the Site, and that you, and not AMR, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to AMR. Unless otherwise explicitly stated herein or in the AMR Privacy Policy, you agree that any Submission provided by you in connection with the Site is provided on a non-proprietary and non-confidential basis. You agree that AMR is free to use a Submission for the purpose of providing you and others with use of the Site and its functionality and providing you with the associated products and services, and you grant AMR a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission.  In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you hereby grant and will cause such other person to grant to AMR a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of AMR products and services (in any media, whether now known or not currently known or invented).   Submissions shall be considered non-confidential and AMR is under no obligation to treat such Submissions as proprietary information except pursuant to AMR's Privacy Policy applicable to personally identifiable information. SUBJECT ONLY TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make. You represent and warrant that: (a) you own all Submissions posted by you on or through the Site or otherwise have the right to grant the Licenses to AMR set forth in this section, and (b) your Submission is accurate and not misleading and (c) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Site. When submitting Submissions to or otherwise using the Site and/or the services, you agree not to, without limitation: i. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; ii. Use racially, ethnically, or otherwise offensive language; iii. Discuss or incite illegal activity; iv. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); v. Post anything that exploits children or minors or that depicts cruelty to animals; vi. Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark; vii. Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian); viii. Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; ix. Use any robot, spider, scraper or other automated means to access the Site; x. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; xi. Alter the opinions, goals, profiles or comments posted by others on the Site. This list of prohibitions provides examples and is not complete or exclusive. AMR reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that AMR determines is inappropriate or disruptive to this Site or to any other user of the Site or services. AMR may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at AMR’s discretion, AMR will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet. AMR takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, AMR is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page. These prohibitions do not require AMR to monitor, police or remove any Submissions or other information submitted by you or any other user.
10. FEEDBACK
If you submit any feedback or ideas about our products and services to the Site, you hereby assign and agree to assign to AMR all right, title and interest in and to such feedback.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless AMR, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the Site, and your Submissions and any Personal Rights contained therein.
12. LINKS TO THIRD PARTY WEBSITES
The Site may contain links to websites and other resources operated by third parties other than AMR. Such links are provided solely as a convenience to you. AMR does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. PROTECTION OF PERSONAL INFORMATION
The Privacy Policy forms an integral part of the Terms of Use of the Site. If you wish to delete certain personal information that is required by the Site, it may be necessary to close your account.
14. WARRANTIES AND DISCLAIMERS
THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AMR DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO AMR THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.   THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT.  AMR THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, AMR RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE. IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, AMR MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, AMR WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. AGAIN, WE APOLOGIZE FOR ANY INCONVENIENCE.
15. LIMITATION OF LIABILITY
AMR AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
16. MISCELLANEOUS
16.1. Interpretation. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. 16.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AMR as a result of these Terms of Use, our Privacy Policy or any use of the Site. 16.3. Compliance with Laws. AMR's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of AMR's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AMR with respect to such use. 16.4. Entire Agreement. These Terms of Use and our Privacy Policy constitute the entire agreement between you and AMR with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and AMR with respect to the Site. 16.5. Governing Law. All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Site or the Content must and will be venued exclusively in Montreal, Quebec, Canada. These Terms of Use and the relationship between you and AMR will be governed by the laws of the Province of Quebec, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.
17. QUESTIONS OR CONCERNS
If you have any concerns about material which appears on this Website, please contact us by emailing us at: info@amr-rc.com or by writing to us at: AIRCRAFT MODELERS RESEARCH INC. 2550 Chemin du Lac, Longueuil, QC, Canada
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