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”).
2. ACCEPTANCE OF TERMS.
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.
- (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;
- (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.
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.
5.3. 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.
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.
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.
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
14. WARRANTIES AND DISCLAIMERS
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.
17. QUESTIONS OR CONCERNS
If you have any concerns about material which appears on this Website, please contact us by emailing us at: email@example.com or by writing to us at: AIRCRAFT MODELERS RESEARCH INC. 2550 Chemin du Lac, Longueuil, QC, Canada