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PAIRING PICKER TERMS OF USE

These Website Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website, Pairing Picker. These Terms apply in full force and affect your use of this Website and by using this Website you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Standard Terms And Conditions.

Intellectual property rights

Other than content you own, which you may have opted to include on this Website, under these Terms, Pairing Picker and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

User registration

You may be required to register with the Site (the User). You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Purpose for access

You agree that the purpose for our providing you with access to the Website is to allow you to obtain information and (where applicable) upload, download, create, edit, modify, add to and delete from the Data for purposes reasonably connected to making, modifying, booking, viewing, checking and managing the travel plans, schedules, itineraries and arrangements that you have the authority to do so, and in addition to generate and review reports on your activities as may be permitted by Pairing Picker from time to time. Once received by Pairing Picker, the Data becomes part of a database, which Pairing Picker owns. Any Personal Information in the Data will be collected, used and disclosed by Pairing Picker pursuant to consent provided by you and the Pairing Picker Privacy Policy.

Your warranty and representations to Pairing Picker

You warrant and represent to Pairing Picker as follows:

  • You are aware of the contents of this Agreement and agree to follow its terms and conditions.

Restrictions

You are expressly and emphatically restricted from all of the following:

  • Publishing any Website material in any media;
  • Selling, sublicensing and/or otherwise commercializing any Website material;
  • Using this Website to engage in any advertising or marketing;
  • Engage in unauthorized framing of or linking to the Site;
  • Publicly performing and/or showing any Website material;
  • Using this Website in any way that is, or may be, damaging to this Website;
  • Using this Website in any way that impacts User access to this Website;
  • Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  • Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
  • Sell or otherwise transfer your profile; and
  • Attempt to impersonate another user or person or use the username of another user.

Compliance with rules and regulations

  • You agree you will follow all the rules and regulations set by Pairing Picker from time to time. Those rules and regulations are currently as set out in this Agreement. These rules and regulations will apply to use of any kind of the Website and access to the Data and will apply to you whether you are a User, Agent or a Guest, or, as applicable, a Visitor;
  • You agree and confirm that you possess the legal authority to enter into this agreement and to use the Pairing Picker website in accordance with all of the terms and conditions contained in this Agreement;

Your agreement

You agree that at all times:

  • Your access to this Website is for your use for the stated purposes in this Agreement only. You will not allow or provide access to this Website to any unauthorized person;
  • You are using this website solely to determine the availability of scheduling related goods and services
  • If you are a bona fide User, as defined in this Agreement, your access to this Website is permitted solely for the purposes of carrying out your role as a User, and any access or use other than as permitted to a User is prohibited. You are permitted to access this Website and download copies of content from this Website for use within your own organization only to the extent reasonably required;

Certain areas of this Website are restricted from access by you and Pairing Picker may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any User ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

In these Website Standard Terms And Conditions, “Your Content” shall mean any text or other material you choose to upload to this Website. With respect to Your Content, by displaying it, you grant Pairing Picker a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Pairing Picker reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

This Website is provided “as is,” with all faults, and Pairing Picker makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

Relationship

You agree that by using the Pairing Picker website you and Pairing Picker are not entering into an employment relationship

Withdrawal of access for cause

This agreement grants no rights, only privileges and permission. You agree that Pairing Picker, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Agreement and that any privileges or permission granted to you as an individual under this Agreement may be revoked, suspended or terminated by Pairing Picker at any time without notice.

Site management

We reserve the right, but not the obligation, to:

  • Monitor the Site for violations of these Terms and Conditions;
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
  • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  • In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  • Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Disclaimer

PAIRING PICKER DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEBSITE AND ITS CONTENT AND MATERIAL, AND ACCESS TO THE DATA, ARE ALL PROVIDED ON AN "AS IS, WHERE IS", AND "AS AND WHEN AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, PAIRING PICKER DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE CONDITION OR WARRANTY OF MERCHANTABILITY AND THE CONDITION OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. PAIRING PICKER MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. PAIRING PICKER FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DATA ACCESSED BY USE OF THE WEBSITE.

Pairing Picker strives to ensure information is accurate and current. However, we make no representations to you about the accuracy of the information contained on the Pairing Picker website, or the reliability of the scheduling services provided herein. This includes, without limitation, the availability of schedules on any particular flight, day or complete pairing, regarding flight number, departure and return dates and times, connecting flights, deadheads, crew rest, per-diems and the like.

Limitation of damages

You acknowledge that the Internet and websites accessed by you are inherently dangerous and subject to computer, system and network failure as well as unethical, unprincipled, unscrupulous, or nasty human activity. While Pairing Picker will take such steps as are reasonable in the circumstances to maintain the security of this Website and the Data and your privacy and confidentiality with respect to information you provide, you agree that you use this Website completely at your own risk and that in no event shall Pairing Picker be held liable for any loss or damages, however caused, except as expressly provided in this Agreement, even if caused by the negligence of Pairing Picker.

You further agree Pairing Picker will not be liable to you for any damages you may suffer and that IN NO EVENT WILL PAIRING PICKER BE LIABLE FOR indirect, general, special, economic, consequential, EXEMPLARY or punitive damages resulting from the use of this Website, whether in tort, contract 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 Pairing Picker shall have been advised of the possibility of such damages.

Further disclaimer of Pairing Picker

While Pairing Picker will make reasonable efforts to make the Data available on a reasonable basis, Pairing Picker accepts no obligation to do so on any pre-agreed basis or at all. Pairing Picker may interrupt access to the Data, or terminate access to the Data at any time, without notice or liability. Access to the Data shall in all cases be a privilege and not a right or proprietary interest of any kind. Subject to its privacy policies and applicable law, Pairing Picker shall be free to modify, change, delete, and generally deal with the Data as it sees fit. Other parties may have access to the Data and can change, modify, amend or delete the Data. Pairing Picker has no control over such third parties and no event will Pairing Picker be liable for any reliance by you on the Data.

Other sites

  • You agree that Pairing Picker has no control over the content or performance of any website linked to or from this Website, that Pairing Picker expresses no opinion concerning the content or performance of any such website, and that Pairing Picker shall in no event be held liable or responsible for the content of any such website.
  • You agree to and are bound by Google Privacy Policy.

  • Enforcement

    Pairing Picker's performance of its obligations under this agreement is subject to all applicable laws and regulatory requirements . Nothing contained in this agreement is in derogation of Pairing Picker’s rights and obligations to comply with law enforcement requests or requirements relating to your use of the Pairing Picker website or information provided to, or gathered by Pairing Picker with respect to such use.

    Evidence

    Computer records stored in reasonably secure conditions by Pairing Picker with respect to the Data, the Website and your access to them will be accepted as conclusive evidence of your conduct, communications and dealings with the Data and the Website. Computer records will be deemed to be stored in reasonably secure conditions if systematically recorded on a durable and inalterable medium, including a write-protected disk, tape, CD or DVD or similar medium, or, if upon an alterable medium, upon reasonable proof that such record has not been altered.

    Injunctive and similar relief

    In no event shall Pairing Picker, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Pairing Picker, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

    You agree that any breach by you of this Agreement will not be fully compensable in damages and you therefore agree that Pairing Picker shall be entitled to immediate equitable, injunctive and other similar relief against you without notice and without the necessity of proving damages or the likelihood of damages.

    Indemnity

    You hereby indemnify to the fullest extent Pairing Picker from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

    Grant of limited license

    Pairing Picker grants to you a non-exclusive, limited and revocable license to download and view the Data and other content available on this Website on your computer for the purposes stated in this Agreement and no other purposes.

    Non-assignment by you

    You may not assign this Agreement. It is and shall remain personal to you.

    Termination

    Pairing Picker may terminate this Agreement at any time with or without notice to you in its absolute discretion. You may not terminate this Agreement, which shall remain in force, with such provision, without limitation, to apply pursuant to any agreement between Pairing Picker and, if you are a User, any organization you are employed with or on whose behalf you access the Data. However, you may advise Pairing Picker that you wish your access account rendered inactive and we will do so.

    Entire agreement

    This is the entire agreement, contract and understanding between you and Pairing Picker.

    Governing law

    This Agreement shall in all respects be governed by the laws of the Province of Alberta, Canada and the laws of Canada in effect in the said Province at the time. You agree that any and all disputes will be adjudicated only by the courts in the City of Calgary, Alberta, Canada. You expressly submit to and attorn to the exclusive jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent Pairing Picker from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Agreement. Use of the Pairing Picker website in any jurisdiction not giving effect to all provisions of these terms and conditions is unauthorized.

    Severance and enurement

    Should any portion or portions of this Agreement be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Agreement, and the remaining portions of the Agreement shall be enforced. This Agreement shall enure to the benefit of the heirs, executors, administrators and permitted assigns of you and Pairing Picker, including its subsidiaries and affiliates.

    Copyright and trademark notices

    All contents of the Pairing Picker website are Copyright © Pairing Picker 2020-2022